Legal Question in Employment Law in California

I work in Southern California as a Computer Software Analyst. Several months ago, during my annual performance review (Which was 2 months late), my supervisor had told me (verbally) that I have earned a 3% salary increase. As of yet (5 months later), I have not received any percentage increase in my paycheck. Each time I mention it to my supervisor, she says to just be "Patient". But the last time I spoke to my supervisor, they said that it was "out of his hands". It seems now, they are trying to back out of the deal. He said that his manager's manager had not approved it yet, and it was up to them to approve it. Is there anything I can do (legally) to secure the salary increase that I was promised? Also, are there any laws in California that state that the wage increase has to be "retroactive" back to the employee's anniversary?


Asked on 3/30/11, 10:27 pm

2 Answers from Attorneys

There is no law that it is retroactive to your anniversary. There is, however, law that you must be paid the wages you were told you would be paid for the time you work after being told what you would be paid. Where you may have a problem, however, is proving that you had a right to rely on your supervisor's statement that you would be paid more. If you knew, or should have known from something in the employee handbook or your review paperwork sor something, that the supervisor's statement was only a pediction, recommendation, or other non-binding statement, then you are out of luck. But if the supervisor was authorized, or cloaked with the appearance of authorization to personally approve your raise, then the company owes it to you from the time they told you you would get it, until the time they told you you would not. The last part is because a company can take back raises at any time, as long as it is not retroactive, and does not reduce your pay to below minimum wage.

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Answered on 3/30/11, 11:03 pm
Terry A. Nelson Nelson & Lawless

No to all. Promises of possible promotion and raises are merely incentives to get employees to work hard, not enforceable contracts. There are no laws against 'unfair treatment' or poor management. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal must be to keep the employer happy and make the company money. That�s how they pay your wages.

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Answered on 3/31/11, 10:34 am


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