I recently quit my job at a private security company called United Protective Services. I was working at $16/hour consistently and have pay stubs to prove that was my agreed rate. After my transportation broke down, I gave notice via text that I could no longer work. My supervisor responded saying that their “company policy” is to reduce the pay of anyone who quits without giving two weeks’ notice to minimum wage ($7.25/hr in Texas). When I received my final paycheck, they had actually followed through and dropped my rate to $7.25/hr for hours I had already worked during that final period. My previous pay stub shows I was paid $16/hr, but the most recent one shows $7.25/hr for the same job and duties just because I quit. Is this actually legal in Texas? Can I file a complaint and recover the missing wages? I have both pay stubs and the texts as proof. Any help or next steps would be appreciated.
Location: Texas
This is a follow up post from one I made 9 days ago before receiving this last check.
Edit Found this in my onboarding paperwork: “Any officer of UNITED PROTECTIVE SERVICES who decides to resign is required to provide
this company with a TWO-WEEK (14-DAYS) written notice of resignation.
Failure to provide said notice will result in the employee being paid the flat rate of the current
minimum wage. Failure to work assigned shift after resignation notice has been given will
constitute as quitting without notice.
Employee understands that his/her final paycheck will be held in the UNITED office for pick-up
between 4:00 pm to 5:00 pm, Monday – Friday, payday week upon termination with UNITED.
All uniforms and equipment owed will be returned to the UNITED main office only at that time.
I have read the above and understand the requirements for resignation.”
Comments
File a wage complaint with the TWC. He can reduce your salary going forward but not retroactively for hours already worked.
Compensation cannot be reduced retroactively – but for any future hours, your employer can essentially pay you as little as they want as long as it meets min wage and other laws.
My PTO was reduced retroactively and I had no recourse.
North Carolina
You have to look at your original work contract or agreement. Our has a clause that says something like this “employee must give two weeks notice before quitting, if employee does not, or does not complete all scheduled hours of the last two weeks, their final paycheck will be reduced to an hourly wage of 7.25
An hour. You have to sign and agree to this for employment. So in my state, PA… yes this is legal.
However it has to be agreed upon prior to being hired…. not sure if it’s the same in Texas, you’ll have to research this, and I would also ask to see what documents you signed agreeing to this.