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What happens if I find that my workplace has been short changing me?


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I got promoted. I got the new rate. $2 extra an hour. I have recently found that my employer has been paying me my new rate for when i work and my old rate for when i don't work. So if I have any kind of leave including all public holidays,RDO,annual and sick leave, my employer has paid me my old rate.

 

I have gone through my pay slips and it's been happening for over a year. I haven't been in training for over a year. I am the leading hand and have a heap of extra responsibility.

 

My employer offered to let me go home a couple of hours early every now and then instead of paying me my back pay due to their mistake. I don't think this is right. I don't want more than I'm owed, I just want that. I don't think I'm asking too much right??

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CautiouslyOptimistic
I don't want more than I'm owed, I just want that. I don't think I'm asking too much right??

 

You are not asking too much. Their mistake, they need to make it right. I'd probably add all the hours up and ask for that much in another vacation week or whatever, but maybe that's because I'm so desperate for some time off because I'm self employed. :lmao

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Just tell him your accountant said it needed to be rectified for tax purposes. If he inquires specifics, tell him, you don't know, that's why you have an accountant. Don't know where you are, but if in the US, you also need to fix it for Social Security and Medicare purposes.

 

My boss somehow didn't report my income to SS and it took a year to get it straightened out. I stayed out of it, never mentioned it to him, but gave them all they needed to go to him and fix it. I still work there.

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If you live in the US you can also consult the local office for the Department of Labor; they have a Wage & Hour section which will help you. Don't start there because that governmental agency will fine your employer & then your employer will resent you.

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No, they owe you. It may just be an error, but it's one they should have since caught and rectified. Inform them, and should they not satisfy you, go to someone else who can make it happen. It shouldn't just be swept under the rug.

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Beendaredonedat

I think what they did is against the law. I think an employer can only give you more money then your normal rate (as in overtime or bonus) but they can not give you less than your normal rate for the same work done.

 

I would consult with your local government's labor law department and tell them exactly what has been happening and ask them what your employer is obligated to do. Once you have the knowledge then tell your employer that you need the money more than the time off and to please cut you a check for the deficiency. If it is against the law, he will be smart to pay you what you are owed.

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I don't know where you live or what industry you're in, but if you're a member of a workers union, as them for advice.

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If you live in the US you can also consult the local office for the Department of Labor; they have a Wage & Hour section which will help you. Don't start there because that governmental agency will fine your employer & then your employer will resent you.

 

Agreed that you shouldn't start here, this will create an adversarial relationship.

 

Have you told them the comp time offer isn't acceptable to you?

 

Mr. Lucky

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I spoke to a union today. They are going to follow it up as I have given my employer every opportunity to rectify this and they haven't.

 

I made it clear that I don't want time, I want my money instead. They might not agree but the union will. I didn't want to get to this but I am tired of seeing my old rate on my payslip every week for all my leave instead of my new rate. It's been a year now of me doing this role, and it needs to be fixed before it turns into 2 years

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I spoke to a union today. They are going to follow it up as I have given my employer every opportunity to rectify this and they haven't.

 

Interesting, going to assume this is a union you're a member of and under who's contract you work. Which makes your employers mistake - and unwillingness to fix it - even stranger, one would think those terms would be spelled out in the negotiated union agreement.

 

Is your company a large firm or smaller family-owned business?

 

Mr. Lucky

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Echoing that is surprising the employer would not agree to back pay this,

 

I am reading this as roughly what- about 40 days in leave -say 8 hours per day-paid at $2 less than agreed.

 

$640 dollars-???- to rectify- hardly needs a union???

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Echoing that is surprising the employer would not agree to back pay this,

 

I am reading this as roughly what- about 40 days in leave -say 8 hours per day-paid at $2 less than agreed.

 

$640 dollars-???- to rectify- hardly needs a union???

 

 

No it's more than that, it's a lot of overtime too. Im not salary. And I have worked some public holidays underpaid. I work for a large company with millions of dollars and they are extremely tight with money

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