At what point should I take legal action against my employer if I have not been given a pay increase as promised?

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At what point should I take legal action against my employer if I have not been given a pay increase as promised?

I was given a verbal commitment to a title and pay increase in accordance with the additional assumed responsibilities taken on for a 60 day trial period. We are now 4 months into the additional responsibilities and the employer has not met the commitments. I received written approval from my immediate supervisor at the time of agreement to begin using the new title if I so chose to. Do I have grounds to start a suit?

Asked on November 10, 2011 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You *may* have grounds to take legal action. An enforceable contract (whether oral or written) requires a meeting of the minds, or agreement (one party makes an offer; the other one evidences acceptance) and consideration. Consideration is giving or doing something. The fact that you took on additional responsibilities, assuming you have honored or  met them, may be sufficient to provide that consideration.

It would be worth your while to consult in detail about the situation with an employment law attorney, who can evaluate the facts and situation in greater depth. Good luck.


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