Is my employer required to retroactively pay me if they promised me a raise after my 90 day probation period but didn’t provide my review until 120 days?

UPDATED: Sep 30, 2022

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: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is my employer required to retroactively pay me if they promised me a raise after my 90 day probation period but didn’t provide my review until 120 days?

I was hired on April 19, 2016 and informed that after the 90 day probationary period I would receive a 2 an hour raise and health insurance. My employer provided my review on August 18, 2016 which was a month overdue. They still have not provided me with insurance enrollment information although I’ve asked several times. They did tell me I will see the 2 hourly raise in my next check but aren’t they obligated to retroactively pay me from my 90 days?

Asked on August 18, 2016 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Promises are not enforceable: only contracts are. To be a contract, there must be mutual "consideration"--or an exchange (something from either/both side(s)) of something valuable. If the employer promised you a raise but you did not give them anything or give up anything for the promised raise, it was not an enforceable contract: it was just a "gratuitous" (or "free") promise and is not enforceable. The employer may renege on it.
Examples of when a promise like this would be enforceable would be if an employer promised you a raise if you transferred to a less desirable location, shift, or department, or agreed to do a lot of business travel; in those cases, you gave the employer something (taking on a burden it needed someone to do) in exchange for the raise.

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 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