Legal Question in Employment Law in Washington

Question about raise request

I recently received a promotion at the job I have had for over 2.5 years. I haven't received a raise in 14 months and feel I should be eligible for one regardless of the new position. My manager asked the director about a raise and this is the feedback I received:

''I�ve had a preliminary email exchange about a raise for you. She would like a year commitment for you to remain in this new position � is that something you would be willing to do?''

This feels pretty shady and I am questioning the 'legality' of it. If I agree to stay a year and leave prior, can they do anything? Or am I better off just saying thanks, but no thanks, and I deserve a raise on my other merits?

In case this is relevant, the new position was not offered to me under these terms (that they expected me to stay at least a year).


Asked on 6/01/09, 2:38 pm

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

Re: Question about raise request

I'm assuming there is no signed employment contract and no union contract involved here. If that is the case, there is no entitlement to a raise unless you are making below minimum wage.

That said, there is something called the Thirteenth Amendment to the Constitution which says you cannot be forced to remain in a job if you do not want to. Your employer can legally ask you to sign an agreement that includes, within limitations, liquidated damages if you leave before your commitment is up. But you are always free to leave. If this employer is asking you to sign such a written contract, you may want to have an attorney review it.

If, on the other hand, the employer is simply asking for your moral commitment to stay, there is nothing illegal about that. If your employer is having tough economic times right now (and many are), I don't think there is even anything shady about that. It's nice to know that you are valued enough that the employer wants to keep you, and is willing to provide the raise even though it may not be in the budget right now.

Whether you take the offer or not, assuming it is based on your verbal promise to remain, is not a legal question, but a question about whether you see this job as a short term stop to better things or something with longer term promise.

Hope that helps.

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Answered on 6/01/09, 4:07 pm


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