Raise

[charidy]

I hope someone can give me some good advice. When raises came around in December, my boyfriend's supervisor at the time advised him that they submitted and approved a specific amount of money for his raise, but when payroll entered it in they entered $0.50 less than what was approved. After several weeks of going back and forth he was then told that there is nothing they can do to correct the payroll mistake, but would look into giving him a bonus of some sort. Now several weeks later he was sent an e-mail stating that they will not know if they can get him any kind of bonus until finance lets them know what their budget is. So basically from this point forward he will be making $0.50 less an hour than he should be for the rest of his career with this company. Even if they do manage to give him a bonus it will not cover the amount he will be loosing this year due to the payroll mistake and they will not give him a bonus every quarter for the rest of his career here. Is there anything we can do about this? Do we have a legal leg to stand on? Can this be considered a constructive dismissal? I would appreciate any helpful advice. Thanks and have a great day.

 

[cbg]

Since they were not required by law to give him a raise at all, no, he does not have any legal recourse unless he is operating under a bona fide, enforceable contract or CBA that specifically spells out that he will be getting a raise of xx amount effective x date.

 

[charidy]

I hope someone can give me some good advice. When raises came around in December, my boyfriend's supervisor at the time advised him that they submitted and approved a specific amount of money for his raise, but when payroll entered it in they entered $0.50 less than what was approved. After several weeks of going back and forth he was then told that there is nothing they can do to correct the payroll mistake, but would look into giving him a bonus of some sort. Now several weeks later he was sent an e-mail stating that they will not know if they can get him any kind of bonus until finance lets them know what their budget is. So basically from this point forward he will be making $0.50 less an hour than he should be for the rest of his career with this company. Even if they do manage to give him a bonus it will not cover the amount he will be loosing this year due to the payroll mistake and they will not give him a bonus every quarter for the rest of his career here. Is there anything we can do about this? Do we have a legal leg to stand on? Can this be considered a constructive dismissal? I would appreciate any helpful advice. Thanks and have a great day.

Thanks for the response. I do have an e-mail from the supervisor acknowledging that a mistake was made. Does that help at all?

 

[charidy]

Thanks for the response. I do have an e-mail from the supervisor acknowledging that a mistake was made. Does that help at all?

 

[cbg]

It still does not make the raise required by law.

The ONLY time raises are legally required is if minimum wage is raised by the state legislature or an act of Congress, and the employee is working for less than the new minimum.

If your boyfriend wants to take the e-mail to an attorney and try to make the case that it constitutes a contract he can try it, but it will probably cost him more than he'll get even if the company gives him the .50.

Under the law, he is entitled to the higher of state or Federal minimum wage. Anything else, in the absence of a bona fide contract, is between the employer and the employee.

 

[charidy]

Thanks for the advice