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Legal question about a law suit.

Hi my question is can i persue a law suit ?

  • i saw an ad in my college web site job listings for the state of new york it said starting was 10.50 and i applied , had an interview , and started the job and now the current salary ...show more

  • Answer:

    Not really good with employment law but would imagin you are SOL if you do not have an employment contract. And just a response to the post that say you can sue anyone for anything, anytime THAT IS COMPLETLY FALSE. Federal rule of civil procedure RULE#12 states that the defending party may file a motion to dismiss for failur to state a claim upon which relief may be granted. That means your case needs to fall in one box or another. You might be able to bring any suit but any attorney, no matter how incompetant, will get "made up causes of action" thrown out 2 weeks after you file your complaint. Further rule 11 states that when a lawyer files a suit it must have a basis in existing law or a good faith argument to change the existing law. If an attorney does not comply with this they will be sanctioned by the court. So you could sue anyone for anything but that is not advisable.

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This is a deceptive labor practice. Yes, you can pursue a lawsuit; however, it is likely that the company will simply state that business conditions have changed and pay rates changed as well. It is legal for a company to change pay rates at any time. You can also report them to the Better Business Bureau or the local Chamber of Commerce - those complaints will be identified as coming from you, which may not be the wisest course of action if you want to continue working there. You can speak to someone at the labor board if you want more info on wage and hour law - find a local office at www.dol.gov.

Mel

do you have a contract? do you have anything in writing? are you union? show them the newspaper advertisement. if it still really bothers you, quit

turkus07

Anybody can sue anybody for anything or any reason. Consult a labor attorney - find one that will give you a free consultation.... take all your paperwork to show them and see what they say.

micky

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