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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17252
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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My husband was promoted to a VP position in September of 2011

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My husband was promoted to a VP position in September of 2011 in which he was promised an increase in pay and the title of VP. He did not receive anything in writing but he does have an email trail between him and his boss about it. Since then he has an increased region that he is in charge of and more programs.
In February of 2013 he is given another promotion again with a promise of increase of pay and oh yes we will get you that VP title. Again nothing in writing. He finally recieved an increase in pay which should have been for the first promotion in Sept of 2011 but does not warrant the even larger region he now covers.
My husband is a very dedicated employee and has a high work ethic but he is being taken advantage of.
1. What can he do?
2. This time he has asked repeatedly for an offer letter in writing before he accepts. They haven't given it to him and they announced him in the new position via email to the entire company.
3. I think he should get back pay for the position he has been in since 2011.
Any direction is appreciated.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is a common situation, in terms of a promotion and wage increase, FL law allows for an employer to set the pay rate for there employees,

wallstreetfighter :

If your spouse was given a verbal promise for the wage increase, he could bring legal action against the employer for unpaid wages, however, he will need evidence to show that a promise was made,

wallstreetfighter :

by a person who has authority to make such decisions, that he would be paid a certain amount.

wallstreetfighter :

If the emails, and witnesses can be produced, he could prevail in a Court case, however, in FL, such cases are expensive and will take time, so he has to weigh whether or not he wants to take such drastic actions.

Customer:

Does he have the right to request a formal offer letter for his latest promotion offer before he formally accepts it?

wallstreetfighter :

He can ask for it, however FL being an at will State, an employer has no obligation to provide him any written letter,

Customer:

What is an employee to do, if you are promised an increase in pay and you do not receive it, but you continue to take on the additional responsibility?

wallstreetfighter :

It would be to his protection to have a written offer letter or contract that states his duties, title and salary, and he should consider asking for it.

Customer:

What do you do if you keep asking for something in writing and they do not provide it?

wallstreetfighter :

What he should do is continue his email correspondence, and if he is terminated or demoted at a later time, he then can pursue legal action for the unpaid wages,

wallstreetfighter :

If he is not part of a Union,

Customer:

No he is not in a union

wallstreetfighter :

FL law allows employers to act this way,

wallstreetfighter :

and an employee has limited rights in this area.

Customer:

Can he inform him that he will only perform the responsibilities of the title he is being paid for until they do provide him something in writing? or follow through with what they promised?

wallstreetfighter :

Yes, he can state that, however, the employer could also terminate or demote him, this would have to be done carefully, as his rights are limited, without being a contract employee.

Customer:

Being an employee in Florida, and accepting a title of VP... is there anything he should request in writing before formally accepting a position?

wallstreetfighter :

He should ask for an official contract, stating his duties, salary, and title, also he should ask for a clause stating he can only be terminated for "cause",

Customer:

Since he didn't actually accept the latest promotion befor they announced it.. in fact in writing via email he stated that he would like the offer in writing before he formally accepts so that he doesn't experience the same challenges he did last time... and they still announced before providing him with what he requested...anything he can do there.. can he push back?

wallstreetfighter :

Yes, he can push back, and ask for what he wants, if they really need him, they should offer him some protection,

Customer:

OK, do I have pretty much accepted that he is basically SOL unless he can get something in writing....so my questions to you is... if this was happening to you...what would you do?

wallstreetfighter :

I would ask for a contract, if they refuse, but have verbally stated that I would be given a certain salary or benefits, I would confirm this by email or letter,

wallstreetfighter :

Then if they do not abide by their terms, consider a lawsuit, if it is worth the time and effort as well as possibly losing the job.

Customer:

Ok, a lot to think about... and a lot has been learned.

wallstreetfighter :

Good luck, the best protection he can have is the clause in a contract that states "he can only be terminated for cause",

wallstreetfighter :

this way he cannot be terminated for any reason,

Customer:

One other question... does he have any recourse or leverage in using the fact that his initial acceptance of employment that included a company car that was ultimately removed after a year of work?

wallstreetfighter :

and he can then negotiate a better offer and package in the future, he can also sue for a wrongful discharge as well.

wallstreetfighter :

No, unless the car was part of a contract,

Customer:

So if it was in writing?

Customer:

I meant to say if it was in his initial offer letter?

wallstreetfighter :

if in writing, he can try to negotiate the matter,

Customer:

OK, Thank you for all the information... I think I have enough to move forward

wallstreetfighter :

an offer letter would not be considered a binding contract, unless it specifically states it.

Customer:

Aha..didn't know that.

wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

Customer:

Any other insight or direction you can add?

wallstreetfighter :

At this point he should ask for a contract so he has future protection,

Customer:

Ok, Great ... Thank you very much.

wallstreetfighter :

if they do not give him a contract, he should consider looking for other employment

Customer:

Is there a way to get this chat session emailed to me?

wallstreetfighter :

yes, once you provide feedback, I can email this to you.

Customer:

Ok Thank you.

wallstreetfighter :

Good luck, and if satisfied with our service please provide us with positive feedback.

Customer:

Will do right now :)

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