Can my employer postpone my raise until after I come back from maternity leave?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my employer postpone my raise until after I come back from maternity leave?

I was supposed to get a raise end of last month, June. However, because I’m taking maternity leave from September-December, my employer decided to postpone my raise until after I come back from leave. I was able to negotiate paid maternity leave but would have to work from home on an as needed basis while on leave. Recently, I found out that another pregnant employee who is taking maternity leave a few months later than me from December-February, got her raise. I’m feeling very uneasy about this. Is this legal in?

Asked on July 2, 2019 under Employment Labor Law, Washington

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Actually this is legal. Most work relationships are "at will". This means that a company can set the conditions of employment much as it sees fit, unless the terms of a union agreement or employment contract are being violated. Also, a worker's treatment must not be due to some form of legally actionable discrimnation. However, here while your raise was postponed until after your maternity leave, your pregnant co-worker's raise was not. So there is no lesser treatment based solely on pregnancy. Accordingly, you have no claim here.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Actually this is legal. Most work relationships are "at will". This means that a company can set the conditions of employment much as it sees fit, unless the terms of a union agreement or employment contract are being violated. Also, a worker's treatment must not be due to some form of legally actionable discrimnation. However, here while your raise was postponed until after your maternity leave, your pregnant co-worker's raise was not. So there is no lesser treatment based solely on pregnancy. Accordingly, you have no claim here.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption