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My employer paid me minimum wage for the last 65 hours before my last day because I gave him notice to quite.
Anonymous6 views3 answers
At one time I called off 9 hours before my schedule time because I had to pick up my wife from the airport. He did also paid me minimum wage for 74 hours instead of my contract rate $10.19 . Did he violate the state of Arizona employment on any of the above. Please advise me. Thanks very much in advance.
It's unclear what you mean by contract rate. If you have a contract that specifies compensation, then it was probably breached.
Without a contract, your employer was probably entitled to reduce your pay but not without notice. You should've been given an opportunity to decide whether to continue working under the modified conditions of your employment.
This is likely a small claims issue, even if you're entitled to treble damages under A.R.S. §23-353, but I'd still encourage you to consult with a litigation lawyer whose experience includes employment law.
Your employer should not have done this. The issue is whether your employer had any discretion to change your rate of pay without notice. You mention a contract rate which suggests your rate was set and the employer did not have any discretion to change your rate of pay. Also, in Arizona, your employer has a duty to act in good faith and deal fairly to give you the benefit of the agreement: $10.19 for all hours worked. A sudden change is an act of bad faith and creates a claim similar to a breach of contract. I recommend meeting with an experienced employment attorney to discuss your claim.
If an attorney is cost prohibitive, and the total owed to you is less than $5,000, then you can file a wage claim with the Arizona Industrial Commission. This is online and does not have a fee. The basis for the claim is that your "wages" were non-discretionary at $10.19 an hour and you were only paid minimum wage. Wage claims is Arizona are also eligible for "treble" damages; which means the amount you are owed is tripled.
I agree with the previous answers. I also would like to add that it is unclear whether you may be entitled to some lost overtime wages as well. Some questions an attorney would ask are: when did you sign your contract, what was the term of your contract, how often were you paid, were you an independent contractor or an employee, and why did you quit? Please do not answer those questions here as the information will not be confidential. It will be important to review the specific facts and your contract with an attorney. Many offer free consultations.
