If I was told when I was hired that after 90 days I would get an opportunity for benefits, a review and possible raise but none of that has ever happened, what can I do?

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If I was told when I was hired that after 90 days I would get an opportunity for benefits, a review and possible raise but none of that has ever happened, what can I do?

My immediate boss was fired so I never received a review or raise or my benefits. Turns out if you don’t take the benefits the company gives you an extra $300 a month. I asked a my review and benefits and was told that I would need to wait for a new manager. The new manager was hired and now I’m being told that I have to wait until the new manager has been here for 90 days to evaluate me. However employees hired after me were given reviews. There is also a male employee that is constantly making racist, sexist and sexually inappropriate remarks. It makes me very uncomfortable and it is very inappropriate. Do I have a case?

Asked on October 28, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) Unless you had a written employment contract guarantying you the review, benefits, or a raise, your employer is not obligated to provide any of those things: without an employment contract, you are an employee at will, and part of employment at will is that employer has full discretion whether--and when--to provide reviews, raises, etc. So it is legal for your employer to put off the review and everything that may go with it.
2) As to the racist, sexist, & sexually inappropriate remarks: are they aimed at you? Or are you a member of one of the groups (i.e. a woman or minority) that the remarks are made about? If so, you may be the victim of illegal employent harassment/discrimination, and may have a legal claim--IF you have brought the remarks to the attention of management and they have, despite a reasonable opportunity to take action, failed to do anything about them. (Under the law, you have to give your employer a chance to address the harassment; it's only if they fail to do so that they may be liable.) If this is the case, you may wish to speak with an employment law attorney to see what your case may be worth. 


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