Legal Question in Employment Law in Maryland

Retroactive pay for promotion promised, but not delivered

I was told by my boss that I was being moved into a similar, but higher position (a position that already had a pre-defined job description and salary range because there are others in this position as well.) I was told that it would take time to get the paperwork processed and that I would not receive a raise until it was completed, but, when it was completed, that the pay would be retroactive to when I began in the new position.

The paperwork was not officially approved until several months later and now I am being told that I will not receive any retroactive pay.

Do I have any recourse or was I just naive for relying on what I was told?


Asked on 10/08/02, 2:04 pm

2 Answers from Attorneys
Lawrence Holzman Holzman Law Firm, LLC

Re: Retroactive pay for promotion promised, but not delivered

Generally speaking, the facts provided sound as if they created an oral contract at the agreed wage rate, with payment of some wages deferred to a later date. Under both Federal and State Law, an employer can face punitive damages for failing to pay wages as and when due. You may want to contact an attorney to get a more certain opinion based on full discussion of your facts.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

Read more
Answered on 10/08/02, 2:29 pm
Jeffrey Sheldon

Re: Retroactive pay for promotion promised, but not delivered

I agree with the other posting - you arguably have a contract claim. Failing that, you might have a claim for detrimental reliance (if you did indeed rely on the employer to your detriment), or unjust enrichment (since the employer received the work without paying the applicable wage rate).

In either case, your damages would be the lost wages and any other benefits you should have received.

The question, though, is whether it is worth fighting for the pay? If it is not a lot of money, it may not be worth pursuing and possibly gaining a bad reputation as a "trouble maker", even if you are in the right and that characterization is wrong.

Please give me or another attorney a call for a free consultation to review the facts in detail, see whether you have a good claim, and analyze whether it is worth pursuing.

I can be reached at 301.604.2497, or [email protected].

Good luck.

Jeffrey L. Sheldon

The Sheldon Law Firm

Disclaimer: This posting is not intended to and does not constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

Read more
Answered on 10/10/02, 3:08 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Maryland