If an employer gives you a letter offering a raise then later says the letter was a mistake and the raise is not going to happen, does the employee have any recourse?

UPDATED: Jun 24, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 24, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If an employer gives you a letter offering a raise then later says the letter was a mistake and the raise is not going to happen, does the employee have any recourse?

Asked on June 24, 2015 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The employee would only have recourse if he or she did something in exchange for the raise--e.g. took on new responsibilities, accepted a transfer, took on additional business travel, etc. If the employee had to do something to get the raise, then that "something" may constitute "consideration" and there may be an enforceable agreement or contract as to the raise. But if the employee did not have to go anything for the raise--i.e. it freely offered--then it was just a "gratuitious" (or free) promise, and the law does not enforce gratuitous promises. In this case, the employee would have no recourse.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption