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Marsha411JD
Marsha411JD, Attorney
Category: California Employment Law
Satisfied Customers: 20228
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I'm trying to research whether or not my former employer

Customer Question

Customer: Hi there I'm trying to research whether or not my former employer broke a law The last performance review & pay adjustment (raise) I got was in February 2014, and they fired me last Friday My question: is it illegal that they went almost 2 years without conducting a performance review/opportunity for me to get a raise?
JA: Thanks. Can you give me any more details about your issue?
Customer: yes. I was fired for coming in late too often, as described by the company policy, so that's not my issue.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to California Employment Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: yes other noteworthy details: I have a printed copy of an email from my HR person to my boss with a list of employees overdue for a review, and my name is ***** *****
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. Unless you had a contract (bargaining agreement or term contract) that guaranteed a review and raise every year, then your employer did not violate any theory of the law by not providing either, even if that is their policy. A policy is not an enforceable contract. No law, even in California, requires that an employer ever review an employee's work or consider giving them a raise (unless they make below minimum wage after a minimum wage increase.)t

So, if you did have a contract that was violated, you should sit down with a local employment law attorney and discuss filing suit for breach of that contract. Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 12th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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