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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1783
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I was promised a raise twice and have two promotions, one,

Resolved Question:

I was promised a raise twice and have two promotions, one, I was told I had more room to grow. The other at my review in 2012, I was told my title was re-evaluated at Corporate and it is a pay grade higher and she would put in for the raise in the next few months. I hate verbal agreements, nothing in writing but a new job description.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today.

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

I am terribly sorry to hear that you are in this situation. It is a shame when an employer treats employees in a way that is quite frankly wrong. However, that does not necessarily mean that it is illegal. To determine if what they have done is illegal, there are a few things you need to look at. A promise for a raise or a promotion is not in itself actionable. Additionally, failure to give a raise is also not actionable. However, if the company policy has the new description at the higher pay rate, or if there is a policy stating that all people doing your job should receive a particular wage, then you may have a breach of contract claim for the lower amount.

Employment-LawExpert :

If corporate is stating that your job description should be a pay grade higher, then you need to contact corporate every few days to make sure that this gets taken care of. If, the system at your company is set up so that if you have that description, you cannot make the lower amount that you are making, then you would have a claim.

Employment-LawExpert :

So, what you should do now depends on exactly what your situation is.

Employment-LawExpert :

If you do not just have a promise for a raise, but in fact have concrete evidence that you have been working at a job for a set amount of time that should have guaranteed a higher salary, then you can contact an employment attorney in your area, or you can file a claim with the DLSE Here

Employment-LawExpert :

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

Employment-LawExpert :

If you do not believe that you have a guaranteed higher salary, but you think it was just a promise for a raise, then you need to contact corporate daily until your pay grade actually gets increased.

Employment-LawExpert :

However, while making an argument that you have a verbal agreement for the raise will be difficult, it is not impossible. To do so, you need to point to the exact increase in amount that you were promised. If the promise of a raise was not for an exact amount, then there is unfortunately not much that you can do other than keep hounding whoever is in charge of this to make sure that your pay gets increased.

Brandon, Esq., Lawyer
Satisfied Customers: 1783
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 2 other California Employment Law Specialists are ready to help you
Expert:  Brandon, Esq. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  Brandon, Esq. replied 1 year ago.

I am terribly sorry to hear that you are in this situation. It is a shame when an employer treats employees in a way that is quite frankly wrong. However, that does not necessarily mean that it is illegal. To determine if what they have done is illegal, there are a few things you need to look at. A promise for a raise or a promotion is not in itself actionable. Additionally, failure to give a raise is also not actionable. However, if the company policy has the new description at the higher pay rate, or if there is a policy stating that all people doing your job should receive a particular wage, then you may have a breach of contract claim for the lower amount.


If corporate is stating that your job description should be a pay grade higher, then you need to contact corporate every few days to make sure that this gets taken care of. If, the system at your company is set up so that if you have that description, you cannot make the lower amount that you are making, then you would have a claim.


So, what you should do now depends on exactly what your situation is.


If you do not just have a promise for a raise, but in fact have concrete evidence that you have been working at a job for a set amount of time that should have guaranteed a higher salary, then you can contact an employment attorney in your area, or you can file a claim with the DLSE Here


http://www.dir.ca.gov/dlse/howtofilewageclaim.htm


If you do not believe that you have a guaranteed higher salary, but you think it was just a promise for a raise, then you need to contact corporate daily until your pay grade actually gets increased.


However, while making an argument that you have a verbal agreement for the raise will be difficult, it is not impossible. To do so, you need to point to the exact increase in amount that you were promised. If the promise of a raise was not for an exact amount, then there is unfortunately not much that you can do other than keep hounding whoever is in charge of this to make sure that your pay gets increased.

 

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

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