Legal Question in Business Law in California
Yearly raise
My yearly review should have been in Dec 2008. I barely got it in June 2009. I was told that I wouldn't get my yearly raise becasue they now have a wage freeze, that took effect in april 2009. At the time I was SUPPOSED to have my yearly review there was no wage freeze. It is not my fault they didn't do my review in a timely manner. Do they have to give me my raise according tot he handbook we recvd?
3 Answers from Attorneys
Re: Yearly raise
Unless the handbook guarantees your employment, the employer can reduce your pay to zero by firing you. Your options are to work for what they're willing to pay, to quit, or to be dismissed. This is Mr. Nelson's view. However, there are occasional instances where a contractual relationsip exists between employer and employee - such as a personal contract like a pro sports player may have, or a union contract, or even something in an employee handbook - making it a breach of contract to fire the employee and/or setting a pay level. This is Mr. Hoffman's view, I think.....but it is rather rare for an employee handbook provision to be construed as contractual in nature and, as such, a guarantee of employment at a certain rate for a certain time. So, I'd say it's about 97% likely you can't win this one.
Re: Yearly raise
There is no way to answer your question without knowing what the handbook says.
Re: Yearly raise
No. Nor do they 'have' to keep you employed. With the bad economy, suggest you keep them happy with you.
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