I work as an Automotive Technician in California. I recently changed jobs in an effort to increase my income. I was paid flat rate at my previous employer with a guaranteed base pay of $16/hr (twice minimum wage). I applied, interviewed, and was given an offer letter that stated, in bold print, "The guarantee of $1000 per week that you work a minimum of 5 days." I accepted the offer and signed letter along with employer. When paid, my check was less than stated amount on offer letter. Upon inquiring, I was told that the company does not offer any guaranteed amount of pay. I was told that line was mistakenly put into the offer letter and I would have to discuss amending my offer to remove that stipulation. Three weeks have passed, I have yet to be paid correctly. Is the offer binding?
The offer letter is binding but depending on its terms, the employer may be able to cancel it at any time. The entire contract is what will govern, not just one provision. Read what it says. Look for language that states employment is "at-will," or that either the employer or the employee can cancel the contract at any time.
Please see my guide to at-will employment in California which should help you understand your rights now and in the future: http://www.attorneyqna.com/legal-guides/ugc/a-short-summary-of-california-at-will-employment.
Also, you may have a claim of back wages from your previous employer. Please see my guide to flat rate auto work titled "California's Flat-Rate Auto Workers Still Get Minimum Wage, Overtime, Breaks and All the Stuff Other Workers Get": http://www.attorneyqna.com/legal-guides/ugc/californias-flat-rate-auto-workers-still-get-minimum-wage-overtime-breaks-and-all-the-stuff-othe?published=true.
Employment law is complicated and fact specific. You may wish to speak with an experienced plaintiffs employment attorney. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area.
I hope you can resolve your situation and wish you the best.
The offer letter should be binding, but as Attorney Spencer indicates, the employer is entitled to change or cancel it at any time. One would have to look at the entire letter to interpret it.
If you were induced by false representations to change your employment, either from out-of-state or from one place to another within California, you may have potential claims under California Labor Code sections 970-972. See:
