Legal Question in Business Law in Texas
Pay raises based on favoritism rather than merit
From 2001-2003 I have received outstanding reviews, been recommended for promotion, and recommended for inclusion in programs for top managers, however each year my raise has been 2.7 to this years 2.4 because the D.M. 'had other obligations to persons in the same position as myself who weren't compensated as well.'
These individuals have not been recommended for promotion, and have had poorer reviews each year, but are getting higher raises.
I believe that the D.M. is holding personal grudges from the past against me, and using the raises as an avenue of recourse.
Is their anything I can do, or do I just simply shut up and be thankful for any raise?
2 Answers from Attorneys
Re: Pay raises based on favoritism rather than merit
I don't know of any general legal recourse. I suggest you carefully read the employee's handbook, or speak with the people in personnel about your concerns.
Re: Pay raises based on favoritism rather than merit
Texas is an "at will" employment state, which means that an employer has the right to hire, fire, promote, and demote without any reason. You probably have no rememdy unless there is:
(a) a breach of contract between you and your employer (probably there is not one), or
(b) breach of a union contract (probably not applicable), or
(c) unlawful discrimination, such as discrimination based race, religion, national origin, and gender, or
(d) refusal of employee to engage in an unlawful act (a court-made exception), or
(e) retaliation in violation of statutes such as worker's compensation statutes or the whistle blower statutes.
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