Pay review in contract past due

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Pay review in contract past due

I took a promotion with my employer last year. The new position came with a
contract signed by both parties. The contract states I would receive a salary
review ‘on or about April 1’. It is now approaching September 1, and I have not
received such a review, but I have been told it is in the approval process. Is it
reasonable for me to request and expect retro pay back to the date stated in the
contract?

Asked on August 27, 2017 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A salary review does not guaranty an increase; they could "review" your salary and decline to give you any raise or increase. Therefore, this contract, at least as you have described it, does not actually guaranty you any pay, whether forward looking or retroactive, and does not appear to give you any rights to additional pay. You would need the contract to guaranty you a certain increse or raise on or by a certain date to have enforceable rights.


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