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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102380
Experience:  Years of experience in running a medium sized law firm.
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I was put on final written in May, 2015. When I was denied

Customer Question

I was put on final written in May, 2015. When I was denied my raise and bonus because of this I looked into why I was written up. I gave my boss's boss emails showing that the info on the write up was not correct and asked to have him look into it. He said he talked with Robin in HR and they decided not to change the status. I found out that he didn't talk with Robin, she told me she knew nothing about my write up and nothing about the emails. My boss and her boss have the most to lose by me opening this up with HR. I feel my reputation was damaged, I was not able to apply for two positions within the company during my probation time due to this also. If I pursue with HR it will make my working condition very difficult. Do I leave alone?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. An employer (and an employer's agents such as management, etc) have discretion whether or not to give a bonus, raise, etc. Unless it is speculated in the employee's contract that they must receive one, I am afraid that one cannot mandate that they receive the raise/bonus.

This does not matter if the decision was reached due to proper facts, or facts believed but that did not actually happen (including a faulty write up). The fact it, it is up to the company and they can do whatever they want to - as long as it is not unlawful discrimination. They can choose to fire you for not liking the color of your shoes one day.

As such, there may not be much of a case here, I am afraid. Technically - technically - one can pursue the middle management that is responsible for the faulty write up for defamation in Court. However, this would likely be at the expense of the actual employment, thus making it not practical.

If it were me, I would leave it alone.

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Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!