Can I sue a company if it says that it gave me a raise as of 11/05 but didn’t go into effect until 01/01 and I still haven’t received the retro pay from 11/05?
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Can I sue a company if it says that it gave me a raise as of 11/05 but didn’t go into effect until 01/01 and I still haven’t received the retro pay from 11/05?
Asked on January 7, 2016 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No,. you can't: raises are discretionary (purely at the employer's discretion or free choice) and a promise, unless it's embodied in an actual contract in which you, too, had obligations which you fulfilled or met, is not enforceable--the law does not require people to honor their non-contractual promises. Therefore, your employer can promise you a raise then delay it (or not give one at all) and they are not liable and you can't recover the promised back pay from them.
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