Can a company be sued for delaying a promised raise after several promotions?

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Can a company be sued for delaying a promised raise after several promotions?

I was hired at a call center late October for the position of agent but due to prior experience was promoted in late November or early December to a mentor for future training classes, then again in January was promoted to RTA a real time analyst (RTA) for the same client. Throughout this process none of the current mentors nor RTA have received a raise as promised. Anytime the question is brought up with our supervisor they say they have to check with the operations manger and when we speak to him directly he says,

Asked on June 3, 2018 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, unless the raise is guaranteed by a written contract between you and your employer, any promises that were made were empty ones: while employer could (and should) choose to honor them, only contractual promises are enforceable. Non-contractual promises in most contexts, but especially employment, may be freely ignored or reneged upon. Remember: except when changed by a contract, all employment is "employment at will." That means the employer has 100% free scope to set, change--or not change--your compensation at will, and to make you work harder without giving you a raise, or to promote you without a raise. If the employer violated a contract, you can sue them for "breach of contract" for the money due you--without a written contract, however, you cannot enforce any promised raises.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, unless the raise is guaranteed by a written contract between you and your employer, any promises that were made were empty ones: while employer could (and should) choose to honor them, only contractual promises are enforceable. Non-contractual promises in most contexts, but especially employment, may be freely ignored or reneged upon. Remember: except when changed by a contract, all employment is "employment at will." That means the employer has 100% free scope to set, change--or not change--your compensation at will, and to make you work harder without giving you a raise, or to promote you without a raise. If the employer violated a contract, you can sue them for "breach of contract" for the money due you--without a written contract, however, you cannot enforce any promised raises.


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