Q: I have not received any increases since 2000. Shouldn't I have gotten COLA increases? It has increased 79%

A: In California, whether you are entitled to Cost of Living Adjustments (COLA) in your pension or retirement benefits largely depends on the specific terms of your employment contract and the policies of the retirement system you are a part of. It's important to review the details of your pension plan, as each plan has its own rules regarding COLA.

Since you mention not receiving any increases since 2000, it would be prudent to closely examine the language of your pension plan documents. These documents should outline the conditions under which COLA is applied. If COLA is a part of your plan and it hasn’t been applied, there could be an oversight or a specific reason for its exclusion.

In cases where you believe there has been an error or an unjust application of the rules, you might consider raising the issue with the pension plan administrators. They can provide clarification on the policy and any actions you can take.

If you find the response unsatisfactory or believe your rights under the plan are being violated, it might be beneficial to seek legal advice. An attorney with experience in employment law and pension matters can offer guidance and help you understand your legal options.

Remember, each situation is unique and requires a thorough review of the specific circumstances and applicable legal provisions. Therefore, getting personalized legal advice is often the best course of action to ensure your interests are adequately protected.

A: In California you are considered to be an at will employee unless you had an agreement to the contrary about that status with your employer. The employer of an at will employee has no legal duty to give you raises. In fact the employer has the right to change your pay - up or down - at any time and for any reason and even no reason at all. Cost of living raises are not legally required.

If you belong to a union, the union might have bargained for a COLA, and if so you need to raise this issue with your union rep.

Seniority on the job is also not a legally enforceable right to avoid lay off/termination. Again, if you are in a union you need to talk to your union rep to see of there is any protection for a more senior person than those who got to remain.