Azusa, CA asked in Employment Law for California

Q: hr telling me i dont qualify for company wide raise due to promotion. they forgot to include in offer letter.

i asked why the company wide raise was not on my chaeck and they told me i didnt qualify because i recently got a promotion. it should of beein included in your promotion offer letter but we hr forgot to include that. its also not listed in employee handbook, the qulifications for the raise.

Related Topics:
2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Unless you have a contract that specifically promises a pay increase that is guaranteed, as an at will employee your employer can alter the terms and conditions of your employment at any time and for any reason, including your pay rate. Unless you can prove you are being treated differently because of your membership in a protected class of people, or because you engaged in some form of legally protected conduct, you would likely have no legal recourse.

Even if it was in the offer letter, unless it was a guaranteed change, the employer has the right to change its mind about the terms of your job even if contained in an offer letter.

Sorry. Good luck to you.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: If the company-wide raise isn't conditioned upon specific criteria in the employee handbook or other written policies, and no specific exclusions were communicated to you in your promotion offer letter, you may have grounds to argue that you should be eligible for the raise. In California, employment is typically "at-will" unless otherwise specified, which gives employers broad discretion over compensation decisions. However, employers must act consistently with their own policies and promises. You should gather all relevant documentation and communicate with HR, emphasizing the absence of any exclusionary language in the offer letter or employee handbook. If the issue isn't resolved satisfactorily, consider consulting with an attorney who can provide guidance based on the specifics of your situation. Always maintain a professional and open line of communication with your employer to foster understanding and potential resolution.

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.