If I was fired after asking for a raise, do I have a case?

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If I was fired after asking for a raise, do I have a case?

Asked on November 2, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Employers are under no obligation to provide raises, so there is no "right" to ask for one. If you did not have an employment contract, you were an employee at will and could be fired at any time, for any reason--including seeking a raise--so long as the firing was not due to illegal discrimination. Only certain kinds of discrimination are illegal: the main ones are discrimination based on race, religion, age over 40, sex, or disability. If you think you were in fact fired due to such discrimination, then you should contact your state equal or civil rights agency, or speak with an employment law attorney.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Employers are under no obligation to provide raises, so there is no "right" to ask for one. If you did not have an employment contract, you were an employee at will and could be fired at any time, for any reason--including seeking a raise--so long as the firing was not due to illegal discrimination. Only certain kinds of discrimination are illegal: the main ones are discrimination based on race, religion, age over 40, sex, or disability. If you think you were in fact fired due to such discrimination, then you should contact your state equal or civil rights agency, or speak with an employment law attorney.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all states in this country an employee is terminable at the will of his or her employer so long as the employee was not terminated upon a protected ground based upon discrimination. Such grounds are gender, ethnicity, sexual orientation, age and the like.

From what you have written, the mere asking for a raise resulting in the termination of you from work does not appear actionable. However, to be sure, I suggest that you consult with a labor law attorney and/or a representative with your local department of labor.


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