Is this legal? Furious right now!!!

Nurses General Nursing

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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!

Pursue it through the chain of command first, like any grievance. This is the professional way. I would also consult with a lawyer. If you have direct deposit they may be able to take money without your consent, so go get any money out of your acct. Finally, I would seek counsel as to damages against the person(s) who actually caused the mistake. Problem is, they may have the law on their side.

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Specializes in Geriatrics/Oncology/Psych/College Health.
Originally posted by 3rdShiftGuy

(and it probably is legal or they wouldn't be stupid enough to do it)

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.

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Specializes in NICU, PICU, PACU.

We get papers from nursing and payroll when we get raises..do you have the original one that states what you were to be making? If it has the higher amount on it they cannot argue that!

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Not only did this take nerve on their part it also shows sheer stupidity. Did they not take into account that this may anger you into quitting? And if you do they will pay more for agency and for a new employees' orientation. Penny wise-dollar foolish.

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Specializes in Alzheimer's, Geriatrics, Chem. Dep..
Originally posted by cotjockey

Can they do that?

I would take it to the highest office if necessary. Even the hospital president! Glad you still have that letter!

Do you ever write letters to the editor? If you should not succeed, I'll write it for you! (I'm pretty good at that).

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I still have my paper from 18 months ago that told me the amout of my raise...clearly states I am going from $11.76 to $13.76...don't know what possessed me to save it, but I did! I also have all of my pay stubs sisnce the day I started, so I know exactly how many hours I've worked at that rate. A friend of mine who is a lawyer says he's pretty sure they can expect their money back...they'd have to set up a payment plan and it would have to be something they took out of my check before taxes, so I wouldn't be paying taxes twice. He's going to do a little research and call me later or talk to me about it at a class we're talking tonight...sigh. Looks like there's not much else I can do about it...I'm not taking an 11¢ an hour cut instead of a 40¢ raise! Sigh...:-)

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Whatever else you do, remain calm and professional. If you get nasty right away they will not listen to you.

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Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.

wow these guys are so smart. this is definately the place to go for advice. I just want to add my best wishes and ask you to let us know what happens. Obviously, people here are pulling for you!

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Cot Jockey,

This is absolutely irritating for me to read what is happening to you. What a bunch of No Talent Clown ---ES.

Now, I would add that you also get Accounting to put in writing exactly what the mistake was and what their plan of action is as far as deducting $16.00 per paycheck for the next 18 months. How they arrived at that figure, etc.

I have a question for you. Who signed off on your raise from $11.76 to 13.76? Was it your supervisor, HR, etc?

I would get that person involved or at least CC them on any correspondence you send out so that they are in the loop and can verify that they indeed did sign off on said raise.

I imagine that the hospital does have a legal leg to stand on as far as changing your pay rate and taking money out of your check. You would be very surprised at what employers are allowed to get away with even though it is not ethical or moral, but legal.

The last company I worked for started doing poorly and so to save money they changed all the employees status ie. exempt, non-exempt and made it so none of us underlings (assistants) could get over- time and bonuses that were promised to us, took away one week of vacation that everyone in the company had allready earned (accrued) and then made us use up 3 days of paid vacation when they decided to close our office during the 4th of July holiday just to save a buck. And all of this was horrendously legal.

I would write a letter stating the facts and send it to the Director of HR. I would give them a time table of say a week to come back with a response. If they don't or if they do and don't give you a favorable response I would then continue up the chain of command.

I hate to say it, but having worked as an assistant to a CEO of a large company, they could really care less about what happens to the little employees and will probably just give your correspondence to their secretary to pass along to HR or whomever. At least if you work your way up the ladder if you eventually do get to the top you can say "Hey, I went through all these people, what are YOU going to do about it?"

Definately stay in touch with that lawyer friend of yours. I am very interested to see what this person says. If this is indeed legal and how in the world is acctg. going to figure out how much you owe based on previous taxes paid, etc.

You also need to decide how much bull kaka you are willing to put up with. What if this is legal and what if they hospital in the end will not budge? Will you be willing to take what they give you or make a stand and say audios?

Yes indeed, tough decisions to be made.

Remeber, you are not an indentured servant to the man. You are a professional who supplies your services to this particular hospital for a monetary fee. If they are not willing to respect you and pay you for your services, I say take 'em elsewhere! Just like any business relationship.

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I'm so sorry this has happened to you. I sincerely hope you get that resolved in your favor.

I just quit a job over that type of nonsense. I was PT and always got 4 hours holiday pay but suddenly right at Thanksgiving I didn't get any. When I questioned it they told me the holiday pay had been paid those last two years in error and they could make me repay it. To me losing the holiday pay was bad enough so I gave my notice.

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Specializes in MS Home Health.

I agree with Pete on setting up meetings with the CEO/Nursing VP.

renerian

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PS, give a copy of your "raise statement" to your lawyer friend. I am wondering if it binds them legally to the $13.76 in the past. Basically it is a written statement saying they will pay you that much.

It may not entitle you to $13.76 right now, but it may keep the hospital from collecting back wages.

Does anyone know if it's possible to take your employer to small claims court?

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