Employment Law

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I want to ask about two issues, 1. company literature states…

Customer Question
I want to ask...

I want to ask about two issues, 1. company literature states benefits after 60 days of full time employment and offered to some at six months but not to others as well as raises. 2 breaks are given but not paid, im not referring to lunch breaks but rest breaks

Lawyer's Assistant: Have you documented this or discussed it with HR?

There is no HR and i hit my six months and was told no i would not be receiving a raise or benefits although i do have the literature given upon hire

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time at will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There have been raises given to all previous employees

Submitted: 7 months ago.Category: Employment Law
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Answered in 5 minutes by:
10/2/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 11,426
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 7 months ago
i will await your reply here
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thank you for your patience. This appears to be a classic breach of contract because the employee handbook is clear on the benefits and raises, but they are not denying a benefit or raise on legitimate grounds. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 7 months ago
id like to know why i was charged the 5 dollars as it showed and now ive also been charged another 33 dollars
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry for the confusion. It's $5 to post a question and $33 additional for your interaction with me. There's a $59 phone call request, but that's optional. In total it should be about $38-$40 for your interaction with me. It's about 90% off my regular hourly fee and your time with me is unlimited and your satisfaction is guaranteed. Would you like to continue?

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Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 11,426
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Experience: Licensed to practice before state and federal court

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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