Is this legal? Furious right now!!! - page 3

The hospital I work at recently gave everyone in the hospital a raise. When I opened my pay slip today, I was surprised to see that I was getting a raise from $13.36 to 13.65. I've been making $13.76... Read More

  1. by   PilotJim68
    Sorry to hear about your situtation....depending on what state you live in, this may be perfectly legal (although unethical) for them to do. I live in Florida where ANY employer can cut your pay or fire you for any reason at anytime. As long as they don't cut your pay below minimum wage it is legal in Florida. I worked at a clinic that was well known for this practice and they did it to me as well. They would hire nurses from the hospital or other areas of the community at equal or slightly more pay than they were already getting, then after a year (when they could not return to their previous employer at the same pay or seniority) the clinic would cut their pay and say that they made a mistake and was overpaying them...at least they didn't make the employee pay it back, but that is why I left, among other reasons that involved admin. Depending on your situation, I would tell them to shove it where the sun don't shine and walk out...but thats me.
    I did get a bit of satisfaction before I left though, I was going to Massage Therapy school and that clinic was to reimburse me for the tuition, well they did...TWICE...hehehehe....I will never tell them either..I figured they owed that to me anyway...serves em right for doing such low down things to other people. Sorry for the rant.
  2. by   VBMEDIC
    I agree with standing up and fighting. Regardless of the amount of money involved, you don't want to give anyone the satisfaction of being ablr to make you cower and accept defeat. You have more than a leg to stand on. I say fight with whatever it takes. I wish you the best of luck. Please post any results as they come. I would like to hear how this ends up.
  3. by   MandyInMS
    I don't see how they can do that if you have a copy of your raise letter..I agree with the others..I'd run it by a lawyer before one dime was taken from me.
  4. by   Tweety
    Originally posted by Nurse Ratched
    You're giving them too much credit, Tweety . We are all aware of the things mgt tries to get away with (or in this case, probably some clueless clerk) and they DO get away with it because we don't gripe, not necessarily because they have a legal leg to stand on.
    Perhaps I am. But we have an awesome HR director that knows her stuff.

    I'm definately not saying don't gripe. As I said I would gripe with my feet going out the door.

    But if a person is overpaid, it probably is legal to ask for and to take those wages back. It's not money you have earned.

    But taking a cut in pay while my peers are getting raises. I don't think so.
  5. by   jnette
    I still think if it was THEIR error, they would have to suck it up. But the only way to know for sure is to get some legal insight on this.

    Boy, do I feel for you ! This truly bites. Hugs and more power to you ! Please persue this.
  6. by   colleen10
    But if a person is overpaid, it probably is legal to ask for and to take those wages back. It's not money you have earned.
    Dude, you were paid $0.40 cents more an hour than your fellow employees! And to top it off, your supervisor put in for your raise and technically you got it.

    There is no reason you should feel like you were taking money from them. They TOLD you that you were to make $13.76 an hour. It's not like you poped open your check one day and found an extra grand in there and didn't tell anybody.

    Dude, you are giving them too much credit!

    WWJJD - What would Judge Judy do?
  7. by   USnurse
    All I have to say is fight like mad!! As long as you have proof, you should come out of this with a smile Hang in there, and hope it all works out for ya!
  8. by   CseMgr1
    Sounds like your employers have had an attack of selective amnesia. Have your lawyer friend to restore their memory for them. Chances are, if they are doing this to you, they are doing it to others.

    Class action, anyone??

  9. by   mother/babyRN
    We ARE for you! And everyone has wonderful advice..Their mistake, IF at all a mistake.....Not yours.....I definitely would have to threaten a lawsuit, especially with the paperwork you have accrued to indicate they bear the burden of proof....
  10. by   Rhoresmith
    The only way to know if what they are doing is legal is to not rely on them telling you the truth but to call you States Wage and Hour board. Any employer will do what ever they can to save them selves money. I am the daughter of a union representive, he said that almost all employers break the law on many different levels and the only way to stop them is to report them. Call your state capital and find out who to talk to. They might be able to cut your wages but I don't think any state would allow them to take back the money it was their mistake. Good luck and let us know how it is going

    Rhonda
  11. by   colleen10
    This post and a couple others that have popped up in the past couple days, (like the one about the nurses having to go back for Master's Degrees), and Rhonda's message really bring something to mind.

    We, as employees, really have no idea what our rights are and if they should be trampled on by our employers, don't know who to go to to make sure our rights are not revoked.

    That's really sad. And I don't mean just for nurses, but everyone.

    Thanks Rhonda, for letting us know where to start getting help if we need it and don't have a union to turn to.
  12. by   ainz
    I advise that you follow the policies and procedures in your organization regarding communication. Writing a letter directly to the CEO may not work. If you put in your letter that you have contacted, or will contact, your lawyer, attorney, etc., it will only inflame matters and make it worse for you.

    I would start with HR since they handle these types of issues. I would put everything in writing and hang on to that documentation of where your raise was authorized.

    The laws governing this type of thing vary somewhat from state to state. I would not worry with an attorney but go straight to the federal government with this. The following is contact information to get the ball rolling:

    Wage & Hour Information Line (US Labor Department)
    1-866-487-9243

    They will need to know your zip code and city. They can tell you if you have a case and direct you to the appropriate federal and/or state authority to get this handled. They can also tell you if you do not have a case. If this is the case, I would then contact a private attorney and see if there is any recourse then.

    Whatever you do, you should send the message that you give the organization the benefit of the doubt that they made an error. If it is not an error on their part, then you will go to the proper government authority. This will SCARE them as they do not want the feds poking around in their hospital. When the feds come in, they also can look at other stuff that can have a domino effect.

    I am also horrified that you are only making $13 something!! Are you an RN?


    Good luck.
  13. by   Tweety
    Originally posted by colleen10
    Dude, you were paid $0.40 cents more an hour than your fellow employees! And to top it off, your supervisor put in for your raise and technically you got it.

    There is no reason you should feel like you were taking money from them. They TOLD you that you were to make $13.76 an hour. It's not like you poped open your check one day and found an extra grand in there and didn't tell anybody.

    Dude, you are giving them too much credit!

    WWJJD - What would Judge Judy do?
    When I was a tech at the VA the RN's got notices about this big raise they were getting. Seemed to good to be true, but they got it.

    Sure enough a month later they recognized a major calculation error. Rather than say "we're taking the $400.00 we overpaid out of the your paycheck at once, we are going to take x dollars a month." And take it back they did.

    Again, big business and governments know what they can legally get away with. I've always worked in nonunion areas. I'm not saying don't challenge it. I'm not saying it's not fair. I think they should shut up and suck it up and give her the money. But these organizations know what they can and can't get away with, usually. But perhaps as was said above, I'm giving them too much credit.

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