I never received my raise from my promotion

I applied for a new position with my company, and negotiated for a raise from 56,100 to 67,000 to accompany the promotion. I received a letter stating my new salary and position and also confirming the other details of my promotion. This was signed by the VP of HR and I had to sign a copy and send back. I've been in the position for 2.5 months, and never received my new salary. My boss called today and said my new salary wasn't approved and I'm to receive 61,700 now and another 10% raise in 6 months in lieu of the previously negotiated rate of 67,000. This doesn't seem legal. Is it? What can I do?

1 answer  |  asked Jul 17, 2006 7:20 PM [EST]  |  applies to Florida

Answers (1)

Donna Ballman
Fraud/breach of contract

I think you have a potential claim, not only for the wages owed, but for fraud and breach of contract. The problem, of course, is that you still work there. If you tell them you don't accept the pay reduction and insist upon being paid the amount promised, they may fire you and Florida law doesn't give you much protection.

I would suggest first gently reminding them that you accepted the position based upon the letter, and ask them to live up to their obligation. If they refuse, you have some choices.

a. Ask to be put back in your old position;

b. Tell them you don't accept the pay reduction and let them fire you (at which point you are probably in a position to negotiate an exit package, maybe with the help of an attorney);

c. Re-negotiate and try to resolve the situation, and when you get the best offer, accept it and move on.

So, yes you do have potential claims. But proceed with caution where it is a current employer. Now, if they fire you or you leave, there is certainly room to go after them to get those wages paid.

Donna Ballman

http://www.ballmanfirm.com

ballmand@mindspring.com

posted by Donna Ballman  |  Jul 18, 2006 08:05 AM [EST]

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