Is this legal? Furious right now!!!

[flashpoint]

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 for over a year! I called the error to the attention of the payroll department and was told that I should have only been making the $13.36. They also told me that I will have to pay back the extra 40¢ an hour they've been giving me. I have a copy of my last raise slip that says I was to get a raise from $11.76 to $13.76...$2.00 was the average amount of the last raise they gave...

So now, instead of a raise, I am technically taking a CUT in pay and they are going to take $16 a week out of my checks for the next 18 months!

I am mad enough to quit right now...sigh...

Can they do that? I have proof that I was supposed to me making the $13.76...I would have questioned it 18 months ago if I'd thought there was an error!

[BadBird, BSN, RN]

OMG!!!! I am more furious that you are only making $13.76/hr.

I would definately call all the newspapers, radio stations, local tv for a good human interest story like why they can't keep nurses at the bedside. I would also call in sick and use up every single sick day and then quit. Definately call the labor board but they never seem to be much help. I agree with the poster who said it is time to organize if you aren't in a union already, that would never happen if you had a union. Geeze, keep us posted, this is just horrible.

[jschut, BSN, RN]

Keep us posted on what's going on..... ok?

Good Luck to you!

Julie:)

[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.

[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.

[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.

[Tweety, BSN, RN]

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.

[jnette, ASN, EMT-I]

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.

[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?

[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!

[CseMgr1, ASN, RN]

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??

[mother/babyRN, RN]

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....

[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