Is it legal to put an employee in training for new position and not pay new salary until start of new pay period?

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Is it legal to put an employee in training for new position and not pay new salary until start of new pay period?

Promoted to new position at same company which included pay increase. Was put in training for new position before requisition was approved by corporate office. New salary not received until start of next pay period after requisition was approved. New salary not made retroactive to beginning of training, which was a full pay period of 2 weeks. If requisition had been signed then new pay would have been in effect at start of training. Part of delay was due to signer on vacation. Employee not informed of this prior to start of training. No written policy regarding this procedure found.

Asked on February 2, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there was a written contract or agreement governing your new position or job, then that agreement will govern (as to, for example, when the new pay starts). However, in the absence of an agreement or contract, your employment is employment at will. That means it's entirely up to the employer whether and when you get additional pay...they could, for example, promote someone or change their duties without agreeing to pay them more at all. If you are an employee at will, therefore, you almost certainly have no recourse, unless you can show that you were treated worse than other employees due to some protected characteristic, such as your race, sex, religion, age over 40, or disability status. Otherwise, it's the employer's choice as to whether and when to pay you more.


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