What is the law regarding annual wage reviews?

Although my annual salary review was due a half year ago, the employer has not given me the annual review to discuss my salary, based on my performance was able to make 50% sales increase in the past. The employer keeps on telling me that they have been to busy but will review my salary and match and pay the difference if I get a raise. Also, the employer says the annual review can be waited up to 1 year additional from the previously signed annual review contract. The previous contract was also delayed. Is always delaying my annual review legal?

Asked on March 18, 2019 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Leaving aside any written contract (including any union or collective bargaining agreement) you may have, there is NO right to an annual wage review. In the absence of a contract to the contrary, the employer determines how much to pay you, if and when to give you a raise (they don't have to ever give you a raise; all raises are voluntary when there is no contract), how much of a raise to give if they chose to provide one, etc. Without a contract, all aspects of your pay are 100% at the empoyer's discretion or choice.
If you do have a written contract, you have whatever rights (e.g. to reviews; to raises) that the contract itself gives you by its plain terms.


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