If my raise is less than what I was tole, what can I do?

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If my raise is less than what I was tole, what can I do?

I recently got a review and raise at work. I signed the review and agreed to the terms and pay raise. Once I checked my paystub. The raise on my paystub was less then what was on my review. Is that legal?

Asked on April 25, 2017 under Employment Labor Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Signing a review which includes mention of a salary increase does not constitute a legally binding contract. So unless you had such a contract (including a collective bargaining or other employment agreement), your employer was not bound to give you any specific raise (or any raise at all). In an "at will" work relationship, a company is free to set the conditions of work much as it sees fit (absent some form of actionable discrimination). While unfair, it was legal.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't do anything: your employer has discretion as to what you are paid and what raises you get (unless there was an actual written employment contract guarantying a raise) and can legally go back on their promise and give you a smaller-than-promises raise. What raise you get is competely up to the employer.


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