Atlanta, GA asked in Employment Law for Georgia

Q: After 3yrs. on the job it's evaluation time. I've always gotten excellent evaluations but have always been told nobody's

Getting raises even though people did get raises. This year I was told when I was hired I was hired at the top of my pay scale. I was never told this ever before. Legally can they do this? I know GA is a right to work state, but I should have been told this before I accepted the position. This would have been my deciding factor and I would have turned the job down. I was already employed. They said they wanted me because of my experience they took me to lunch to win me over. They've never taken anyone to lunch. They had plenty of opportunity to tell me. Is there anything I can do.

Related Topics:
2 Lawyer Answers

A: There are no legal issues here. Employers set their own pay scales (unless this is a public employer), raises, and reviews. In fact, they do not even have to give reviews, have pay scales, or give raises.

Marshall Jason Ray agrees with this answer

Marshall Jason Ray
Marshall Jason Ray
Answered

A: These facts, on their own, do not present a legal issue. You have not indicated whether you work for a public employer, or whether any contract, such as a collective bargaining agreement, governs your relationship with the employer. If you are a tenured public employee or are part of a bargaining unit, there will be legal and contractual provisions that apply. If you are an at-will employee, your employer does not have the obligation to give you raises or performance evaluation.

I noticed that you stated: "GA is a right to work state." I am answering your question based on the notion that your employment is "at-will." Right-to-work refers to situations (which differ a bit among states that have right-to-work laws) where labor unions and unionized employers are not permitted to require union membership or to mandate certain payments, such as fair-share, from workers who choose not to belong to the union. I understand from the context of your question that you mean you are at-will, not that you are paying fair share. The at-will employer-employee relationship means, in theory, that either you or your employer can terminate the relationship at anytime for any reason. In practice, there are many reasons an employer may not terminate or otherwise negatively affect the relationship (i.e., discipline, refuse to promote, etc...). For example, depending on the size of the employer, various federal and state laws relating to non-discrimination will apply. Almost all employers are subject to at least some laws forbidding illegal discrimination based on protected classes. You have not suggested that you have faced such circumstances.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.