Is a back due salary increase subject toa statute of limitations?

UPDATED: May 25, 2011

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Is a back due salary increase subject toa statute of limitations?

I was given a pay increase and promotion almost 2 1/2 year ago, yet I still haven’t recieved my raise due to certain circumstances. However I was told that I would receive it. I’m still waiting. Are there statute of limitations on this? Am I still entitled to the pay for the last 2+ years?

Asked on May 25, 2011 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

An agreement to pay an employee more is a contract, and so the contract statute of limitations would apply.  In New Jersey, that's 6 years--so you have 6 years from the date of the breach of the agreement to sue, and you should be able to sue for all money owed during that period (i.e. back wages to date).

Proving the agreement, if it was all oral or verbal, may be difficult, if your employer has a different version of events or recollection. Also, a key issue will be whether it was an actual firm "agreement," or whether there was just discussion that promostions "should" or "typically" come with raises, or that you'd get a raise when possible. Those latter situuations would not be enforceable. You should speak with an employment attorney who can evaluate all the facts of your case in detail. Good luck.

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