Legal Question in Employment Law in California
I signed an employment contract for my current position within the company, which was signed on 7/29/2013. It states explicitly that I am due for a performance review in 4 months time. When I was not given a performance review on time, I inquired about it, was ignored for a week and a half, and then told that they were not going to do any employee performance reviews until January. This means that I am missing what will probably over 2 months of a pay increase that I agreed to receive 4 months from my start date. Is this a breach of my contract?
1 Answer from Attorneys
Without seeing the written document, it is impossible to say whether your employer is in breach.
If all it says is that you are entitled to a "performance review," then this may be "no harm, no foul." After all, a "performance review" is different from a "pay increase." It is quite permissible under the law to give a "performance review" and not increase the person's salary.
Best of luck to you.