Legal Question in Employment Law in Georgia

Am I entitled to some back-pay?

I work for a major retail chain, and have on and off for ~2-3 years. After my first year I went on leave for schooling and didn't return at the specified time, so I was technically ''let go''/fired, etc.

I returned the month of 5/05 after being rehired. After a ~90 day period I was due for a review which at the time I was told was not a ''pay review'', although after 90 days (~8/05) of being hired the review is a pay review. I got a very poor review due to a number of technicalites and frankly, and VERY bad manager. It's been awhile now but some of the issues that were involved in my previous reviews are coming up, and I'm being told that I should have done what I was originally reprimanded for.

Assuming that during that review I was eligible for a pay increase based on performance, AND I can show that I was performing up to or past expectations: am I entitled to any form of back-pay since had they not screwed up I would have been recieving the increased salary?


Asked on 5/27/06, 8:33 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Am I entitled to some back-pay?

I am not sure why you believe you are entitled to back pay. Just because you thought you deserved a raise does not mean they have to give you one (especially one that is retroactive). Unless you have a contract that clearly states you have a right to a certain level of pay and raises, they just have to pay minimum wage.

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Answered on 5/27/06, 8:42 pm


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