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Can Your Employer Change Your Rate of Pay Orally?

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In New Hampshire, an employer is required to inform employees in writing the rate of pay.  Any change in rate of pay – such as a reduction – must be in writing.

A recent wage claim at the New Hampshire Department of Labor illustrates this requirement.  A manager was employed at a business and had an annual salary of $115,000.  He received his salary on a regular basis until September of 2009.  At that time the employer said they were having problems making payroll and asked the manager to accept a temporary delay in the payment of his wages.  The manager worked for four more months but never received the salary payments.  He filed a wage claim with the New Hampshire Department of Labor and the employer came in and claimed that they had told the manager his salary was being cut, not just being delayed.  The Department of Labor ruled in favor of the manager awarding him $32,500 in unpaid salary.

New Hampshire statutes require that if pay is to be reduced it must be done in writing and that had never occurred in this situation.  If you have a possible dispute with your employer over wages, please give us a call because we represent employees like you.