?Wage Theft? Who to discuss with?

[mgriffiths]

I'm not going to go into significant detail as I don't think it helps.  The key points are that at the beginning of last fiscal year I was given in writing a stated threshold for my RVU production bonus.  After the fiscal year was completed, this threshold was changed in the calculation of my bonus which has significantly decreased my RVU bonus (by approximately 40%).  The finance director is stonewalling stating that no further changes will be made.  Therefore, I have the following questions:

1. As you understand it, does this constitute wage theft?

2. Who would be the next person to discuss this with within the hospital's administration?  Would this be the CFO, CEO, or someone else?  Is this even recommended or do I skip administration and have a consultation with a lawyer?

[ventana]

If they gave you notice of employment change then no this is not wage theft 

wage theft typically is making you work with out pay. 

[CAAdmission]

If you had something in writing and they violated it, I'd press the matter. Unless they have something else in writing that says they can make changes at their whim. 

[ventana]

Thinking more about this. 
few choices 

1 accept it

2 talk to the head of your HR (usually a VP or Senior VP) and explain wages are going up not down and you would like to open a discussion 

3 tell them that it is unacceptable, they need to return to old system or you resign. 
 

 

[mgriffiths]

10 hours ago, ventana said:

If they gave you notice of employment change then no this is not wage theft 

wage theft typically is making you work with out pay. 

The point is that they changed it after I had already worked.  In comparison, I was told in February that my base salary would be decreasing starting 4/1.  I'm pissed about it, but that's not wage theft.  Either I take the hit or I look for a new job...which I'm doing.

[mgriffiths]

4 hours ago, ventana said:

Thinking more about this. 
few choices 

1 accept it

2 talk to the head of your HR (usually a VP or Senior VP) and explain wages are going up not down and you would like to open a discussion 

3 tell them that it is unacceptable, they need to return to old system or you resign. 
 

 

1. I'm considering this because I'm concerned about retribution if I were to get the labor board involved and/or hire a lawyer.

2. Our HR department is beyond useless, but that would be a good lead.

[jmj11]

10 hours ago, CAAdmission said:

If you had something in writing and they violated it, I'd press the matter. Unless they have something else in writing that says they can make changes at their whim. 

I agree, that if it is not in writing, then the simply made an employer decision. You don't have to like it and therefore you don't have to stay under the new terms. It is worth discussing it with them in a cordial way before looking for a new position. But, if you have the productivity formula in writing and that contract has not expired, you first point out their error. If they don't fix it, you hire an employment lawyer.

I will share a gray area that I experienced. I was being hired by a Rheumatologist. In our negotiations, the previous pay (including RVU-based pay) of the previous PA was shared with me. It was nice and she was seeing about 9-10 patients per day. I asked, "is this the same formula that I will be working on?" "Yes," was the verbal answer with the physician and office manager in the room.

During the first quarter, I was seeing about 14-16 patients per day. I had nor bonus. Second quarter the same. Then the rheumatologist attempted suicide and I had to take over the whole practice, seeing 25 patients per day. Still no bonus. I had an emergency meeting with a threat to leave with the owners and manager. They disclosed that my contract had a major change in the bonus formula from what previous PAs were paid, because they considered it too much. Then I asked, "Do you remember me asking you if it was the same and you said yes?" They nodded. I said that unless they fix this and paid me lost pay from the first two quarters, I would leave. I could have sued them because they verbally agreed that they had answered the question "yes." But it wasn't worth it (plus it was very stressful for me to be the only provider in the rheumatology clinic and that wasn't what I was hired for).

Edited May 9, 2022 by jmj11

[Ty2PA]

On 5/8/2022 at 6:33 PM, jmj11 said:

I could have sued them because they verbally agreed that they had answered the question "yes."

If it's a new term, google "statute of frauds". It's a funny phrase, but the legal doctrine requires contracts greater than $500 to be in writing to be binding. Then there are a thousand exceptions/changes by state/business line etc, but it might not actually be that case.

Edited August 4, 2022 by Ty2PA
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