Los Angeles, CA asked in Employment Discrimination and Employment Law for California

Q: Does my employer have to pay my raise and bonuses?

I left for military sometime in 2021-2022. I am a reservist. I would usually give verbal or a written note or just show my orders or some type of document. When my new operational manager showed he required me to go through a third party called hartford for military leave. Even wrote me up for not doing leave properly when I never had an issue. I finally understood how to use the new system. Then I started having issue using all software applications for administrative or operational wise. In 2022 I never received my raise , I would just get told it would come up on my next check. It never did. I also started noticing in late 2022-2023 I wasn't getting paid for some bonuses certain months when I should have. I brought it up several times to my immediate supervisor then escalated to my operational manager. It's 2024 and nothing was ever done.

I did recieve a raise for 2023 with a added raise for 2022, but was never paid for stated and said raise.

3 Lawyer Answers

A: Generally you do not have a legal right to a raise, even if the employer says you are going to get one in the future. The only way a denied raise would give you legal rights is if you could prove you did not get the raise because you are in a protected class of people or because you engaged in some kind of legally protected conduct. Participating in reserve work is protected under USERRA.

The issue here will be if you can prove your military service was the cause of the failure to get a raise.

It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

1 user found this answer helpful

A: For the quickest relief, you can contact the Labor Commissioner, who is charged with making sure all employees are getting paid what they are due. Here's their website: https://www.dir.ca.gov/dlse/

Look for the link to file a claim for wages or other benefits due you. The Labor Commissioner's office will review your claims and will, if appropriate, issue any orders necessary to get you paid what you are due.

1 user found this answer helpful

James L. Arrasmith
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Answered

A: In most cases, simply being promised a future raise by your employer doesn't grant you a legal entitlement to it. Your right to challenge a denied raise typically hinges on demonstrating that the denial was based on discriminatory reasons or retaliatory actions due to protected characteristics or activities. For instance, engaging in reserve military service is safeguarded under USERRA (Uniformed Services Employment and Reemployment Rights Act).

The crucial factor in your situation will be establishing whether your military service directly influenced the denial of the raise you were promised. To navigate this legal terrain effectively, it's advisable to promptly seek guidance from a seasoned employment law attorney.

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