Legal Question in Employment Law in California
Raise and/or Review
Our company has a written policy on performance reviews(annual) and unwritten about raises(everyone Always gets a raise at review time..always). My last review was 2 1/2 years ago and have not had a review or raise since than.My ceo's are responsible for doing my review/raise and just keep forgetting, even though they get reminders from our HR department.I have worked at this company for over 7 years, and have been promoted about 4 or 5 times,presently as Director of Operations. My past reviews are all outstanding and highly positive. The lack of review is just carelessness on the part of my ceo's. I am wondering is there any law or policy I could invoke if I was to bring a case against my company in regards to this no review/raise matter. I am thinking of leaving this job/company but would not want to leave before getting the raise/back pay for 2 1/2 years (which ceo's promised me throughout this period)
Thank You
1 Answer from Attorneys
Re: Raise and/or Review
There is no law that requires employers to regularly provide performance reviews or pay raises. The only basis you would have to claim back wages is if you could prove that you have a written or verbal agreement with the company that they must do so. Even then, it may be difficult, because traditionally, a pay raise is discretionary, based on many factors, not just your individual performance. I think you would have to show that there are specific quantifiable factors that you reached that obligates the company to pay you a certain amount of raise based on your performance.
If you believe you have a contract of this nature the company, schedule a meeting with an employment law attorney in your area for a more detailed opinion.
The statute of limitations for breach of an oral contract is two years, and four years for breach of a written contract.
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