What are an employee’s rights to a raise?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are an employee’s rights to a raise?

I work for a hospital in an entry level per-diem position and have been here for over 6 years. One in the past they raised the hourly rate for new employees hired to the same position (it is a standard rate for the position, not affected by education or experience). After I complained, my salary was brought up to the same level. Now I find out that the salary was raised for everyone hired in the past 2 years. At this point, I want to know if this practice is against the law and if it is, what are my legal rights in retroactively requesting the money that I was shorted on.

Asked on December 13, 2011 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You most likely do not have any right to a raise or compensation. The law does NOT require that employers give experienced employees regular raises, or pay them more than more recent hires. An employer may freely decide how much to pay each employee, unless:

1) There is an employment contract guarantying you raises in some way; or

2) The fact that other people, but not you, received raises is due to discrimination against you on the basis of a specifically protected category, such as race, sex, religion, age over 40, or disability.


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 AttorneyPages.com 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 with SHA-256 Encryption