Legal Question in Employment Law in Canada
Retroactive Raise
I was continuously told during my first 6 months that if I continued to keep my numbers up I would receive a pay increase during my review after 6 months (by contract). We were given a Matrix system and had scheduled bi-weekly meetings to discuss how to increase our performance. There was a problem with my supervisor�s computer system that had me scheduled for my review for the beginning of December instead of November 1st. She said she couldn�t change the system but that my review would be held at a later date but valid starting November 1st. On December 13th, I told her that I was offered a position at another school. She said that based on my numbers I was supposed to receive a 14% pay increase starting November 1st and that I would receive another one in 6 months. She said the pay would be retroactive. The next day, I gave my notice because I do not agree with how the company runs. I wrote her an email on December 14th letting her know my decision. On December 18, I gave her a formal letter of resignation. I was then sent an electronic request to acknowledge my evaluation for the 6 months (I did not sign). She said I will not receive the retroactive pay because I resigned before the evaluation. Can she do this? I kept records
2 Answers from Attorneys
Re: Retroactive Raise
There are two possible scenarios at play here:
1. If you were GUARANTEED in the contract that you were to receive an increase if you kept the numbers to the rate they were (and did in fact keep the numbers there), and this was supposed to be effective on a certain date - you likely have a claim for breach of contract, plain and simple. This could likely be bolstered through evidence from the supervisor.
2. On the other hand, if the increase was contigent upon you keeping your numbers up, but also having a review, it could be argued that the lack of review meant that no increase was to occur until performance could be reviewed.
Depending on the amount involved, you may want to contact a local lawyer. On the other hand, if the amount you are claiming is less than $10,000, you may want to consider going alone in Small Claims Court. This is not a complex matter.
Re: Retroactive Raise
There are two possible scenarios at play here:
1. If you were GUARANTEED in the contract that you were to receive an increase if you kept the numbers to the rate they were (and did in fact keep the numbers there), and this was supposed to be effective on a certain date - you likely have a claim for breach of contract, plain and simple. This could likely be bolstered through evidence from the supervisor.
2. On the other hand, if the increase was contigent upon you keeping your numbers up, but also having a review, it could be argued that the lack of review meant that no increase was to occur until performance could be reviewed.
Depending on the amount involved, you may want to contact a local lawyer. On the other hand, if the amount you are claiming is less than $10,000, you may want to consider going alone in Small Claims Court. This is not a complex matter.
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