Expert: Shirley McAllister, CPP, PHR - 10/28/2009

Question
QUESTION: In September 2009 I was working for a temp agency. I was offered a salary. I workded for their client one whole week. I had an emergency call. I informed the client that I was leaving for a about an hour or so. That I had a family emergency. I did not call my temp agent until 3 hours later to inform them of the emergency. They told me not to worry, but to call them and let them know what my plans were. I callee my agent again and told her that I was going to be away for at least three days and to inform their client, the agent said it was OK. When I received my paycheck, was not for the money I was promissed, instead for minimum wage. I received a copy of the contract where I signed that says that if I abandoned my employment, I would be terminated. I did not abandoned my assignment. I called and let them know what was going on, and they said it was OK. Now they don't want to pay me what they promissed.



Optional Information:
State/Country relating to question: Texas

Already Tried:
I spoke with my agent and told her that I was going to be able to go back to work the following week and apologize for the delay. Instead, she never called me back. I asked her why was my salary lowered to minimum wage. She (agent) that is was on my contract. I read my contract many times, and says that "if I abandoned my job, I will be terminated with no notice." I did call that day and told my agent my emergency. Can I get them to pay me what they owe me?


ANSWER: Yes you probably can get them to pay the amount they promised if you have a signed contract stating they will pay you the specified amount. If you do not have it in writing than probably not. Make sure you always get it in writing.

The labor laws only say that you must be paid minimum wage. If you have a copy of the contract you may be able to argue the point, if you take them to court and sue for breach of contract, however, it will probably cost more in lawyer fees than the lost wages.

Shirley

---------- FOLLOW-UP ----------

QUESTION: I am so sorry to bother you.
I do have a copy of the contract I signed with them stating only that if I abandoned my assignment, I will be paid minimum wages.
The problem here is that I did not abadoned my assignment, I informed my immediate supervisor at the assignment, and also called my agent after I knew I was not going to be able to go back for a few days. My agent said that everything was going to be fine, and not to worry. Can you help me please?

Answer
I think you can prove that easy enough, but if you do not have something saying they will pay you more than minimum wage they will say that is what they agreed to pay you.

You can contact your local department of labor and put in a claim for unpaid wages and they will investigate. Write out to them as you have to me and hopefully they can help you. That is the only person that could help you other than going to court.

Shirley