What to do if I was promoted with promise of retroactive rate increase that I neverreceived?
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What to do if I was promoted with promise of retroactive rate increase that I neverreceived?
I was promoted about 6 months ago to a position that requires a lot more but has a base that is 2x what I was making. I was assured that there would be an increase and that it would be retroactive. After about 4 months of this promise I was told that the increase may not be as big as the full increase to 2x from 30K to 60K but it would be something and still retro. Then about 6 months later I find out that there will be no increase at all but my responsibilities would still be doubled and my sales quota is now 3x what it was.
Asked on January 16, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If either you had no choice--you had to take the promotion--or the promotion, while changing your responsibilities, did not "cost" you anything (i.e. it's not harder to make your numbers; you're not working any longer), then you would not have a cause of action.
However, if it was your choice whether or not to take the promotion, and if to take the promotion, you had to "give" something, like working longer hours, or "give up" something, like now having more difficult targets to hit, that may be enough to make the promise enforceable, under either a contract or pomissory estoppel theory. If you believe this to be the case, it would be worthwhile for you to consult with an employment law attorney about your situation in detail, to see what your rights and potential recourse may be.
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