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Jane T (LLC)
Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8435
Experience:  Worked with employment legal group in major national corp.
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Is my employer legally obligated to honor yearly review and

Resolved Question:

Is my employer legally obligated to honor "yearly review and performance raise" as written in my letter of hire and signed y the owner? Its been three years and I have received neither.
Submitted: 8 years ago.
Category: Employment Law
Expert:  Jane T (LLC) replied 8 years ago.



Was the statement in the letter that definitely, absolutely, NOT maybe, reviews and raises were going to be given OR was it that it may occur, would be up to them to decide, or other language that while it may have seemed certain still allowed them some leeway to decide whether to give raises and reviews?





Customer: replied 8 years ago.
I thought I had the letter with me--forgive me.
"Annual salary reviews each July 1, beginning July 1, 2007" is stated in the letter of employment (I referred to an employee's letter which was based on mine)--there's no mention of this being optional or at the discretion of the company. My letter includes "with performance-based salary increase" or words to that effect--I'll have to confirm.
The letter also promises participation in 401k plan with a 30% match of employee contributions, up to 6% of salary. The company does contribute to the 401k, but not a 30% match of my contribution.
Hope this helps--I'll have to confirm the exact language in my letter tomorrow.
Expert:  Jane T (LLC) replied 8 years ago.



A letter of employment, if it can be said to promise specific benefits or practices an employer will conduct (not which may occur or which are not spcifically promised or guaranteed to occur) may create a contract that an employee may later enforce, perhaps through a court action. Language is very critical, however. For example, a phrase such as "performance based" may be unenforceable as it indicates that it is for an employer to determine what "performance" is due a raise. Unless an employee can show that others with similar performances were given raises then it may be difficult to enforce such a provision. Again, however, langauge is key and the entire contents of a writing, as well, sometimes, as that of other writings such as employee manuals or memorandums, may also come into play regarding the enforceability of a writing.



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