What to do if my employer is denying me advancement raise/promotion because the auto insurance provider will not insure me due to a 3 year old DUI?

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What to do if my employer is denying me advancement raise/promotion because the auto insurance provider will not insure me due to a 3 year old DUI?

First, I would like to know if it’s legal for my employer to deny me a raise. Second, I would like to know if there’s anything that can be done to expunge the DUI.

Asked on January 5, 2012 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is completely legal for an employer to deny you a raise for any reason (well, any reason that is not illegal discrimination: e.g. you can't be denied a raise due to your race, religion, age over 40, sex, or disability)--after all, employers do not have to give anyone raises, ever. It is completely discretionary who, when, and for what reason to give a raise--or conversely, to not give a raise. The only exception would be if there is an employment contract or union agreement which, by its terms, requires a raise.

You may be able to expunge the DUI, particularly if it is your only offense. Expungement can be somewhat tricky--it would be best to speak with an attorney about whether and how to do this.


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