Employment Law

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Can my HR department withhold a merit raise from me based on…

Customer Question
Can my HR department...

Can my HR department withhold a merit raise from me based on a policy they just created that isn't even in our handbook? My manager is ok with giving me a raise.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Alabama

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

Full-time employee in an at-will state

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

Can't think of anything.

Submitted: 8 months ago.Category: Employment Law
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Answered in 1 minute by:
12/21/2017
Employment Lawyer: Loren, Lawyer replied 8 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 39,311
Experience: More than 30 years in legal practice.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Employment Lawyer: Loren, Lawyer replied 8 months ago

Before I answer a bit more detail would be helpful please.

1. Do you have a written employment agreement for a fixed term requiring cause for termination, discipline or demotion?

2. Do you believe you were treated differently than other employees due to race, religion, ethnicity, etc.?

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Customer reply replied 8 months ago
1. Yes, nothing is mentioned concerning raises.
2. No
Employment Lawyer: Loren, Lawyer replied 8 months ago

If the contract specifies that you are entitled to a raise and it is being withheld then you can sue for breach of contract. Otherwise, so long as the employer is abiding by the terms of the written agreement then you can not force them to increase the compensation.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.

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Employment Lawyer: Loren, Lawyer replied 8 months ago

Are you still online with me?

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Customer reply replied 8 months ago
Thanks for your help, Loren. I appreciate it.
Employment Lawyer: Loren, Lawyer replied 8 months ago

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you!

Loren

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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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