About two months ago I took a job at the local post office and when I was getting hired the postmaster (who was doing the hiring) mentioned that “it starts at $12 an hour.” However, when I got my first paycheck it only paid me for $11/hour, so I asked about it and he told me he’d check into it.
Of course, a few days go by and nothing happens, I keep on casually mentioning it to him and he keeps giving me answers that don’t mean anything. Finally I ask him why it’s taking so long, since it should be such a simple thing. He tells me that the district won’t allow him to pay more than $11/hour and he’s trying to work it out because he advertises this job as $12/hour but they won’t let him pay it. So I ask him when it will be fixed, and he says probably not for a while.
Two days later, he leaves the office for 3 weeks for a vacation(it was scheduled, but I didn’t know about it). He just came back recently, and I want to talk to him again because I’m going to be leaving this job soon (in a few weeks because I have to go back to school). I want to know if I am legally entitled to the money that I’m not getting paid, because I never signed anything saying that I will be paid $12/hour, but I took the job expecting to get paid that much. Can he offer $12/hour then only pay $11 legally?
IANAL etc. but this sounds to me like a basic breach of contract. He offered you a job that paid $12 an hour. You accepted a job that paid $12 and hour. He’s paying you $11 an hour. He’s not fulfilling the terms of the contract.
I think just approaching this professionally will force their hand. Sit him down, have some paperwork showing you investigated this, caculate what they owe you and ask him to cut you a check. If he refuses tell him you have no choice but to contact an attorney. If hes at all reasonable he will accomodate you, if not you may have to fight for it.
If you can get anything that says “$12/hour”, like an ad that was posted originally, or anything else on paper, it’ll go a long way
Also, as Bongmaster says, put it on paper. Write down exactly what transpired, sit down with the boss, and ask him how it can be solved. Start off nice, i.e. don’t mention lawyers. I say this because the way you’ve described it there’s a possiblity that your boss is actually on your side and trying for you. If that’s true, the last thing you want to do is get him in big trouble, because then he may deny everything and you’ll have no advocate or proof of what you claim.
After you give him the paper, see what he says, and give him a couple days to try and make things better. If he doesn’t, tell him in a professional tone that you really are pushed into a corner and will have to talk with an attorney. You don’t want to do this, but have tried everything else.
As I say, keep this very professional, and try your best to keep your boss on your side. If this turns into a shouting match between you and him, you’ll likely never see a dime, since there doesn’t seem to be any proof of anything.
Also: do everything you can to solve this before you leave. Once you’re gone it’ll be tougher to beat.