Legal Question in Employment Law in Washington
Raise Pro-rating?
I had a review in January of this year (2008), and received a raise. In September the minimum pay rate for my position increased, and therefore, my pay went up to the minimum pay for my position.
My review for this year just took place in advance (January date), and they are stating that the pay increase in September was my last raise, therefore I am only being reviewed on 3-4 months vs. a year (even though I had to complete a review based off of the 12 months since my Jan. review). So my raise increase was pro-rated to 3 months. So for example if the % increase was equal to $2,000, with the 3 months pro-rating I would only receive a raise for the year of $570 total.
So I guess I have two questions:
1.) When the minimum pay for your position increases, and they bump you up to that pay rate, is that technically a raise, being that you are making the minimum pay for the position?
2.) My review paperwork states that my last review was in January. How can they state that it was in September, as that is what they are basing my raise off of?
1 Answer from Attorneys
Re: Raise Pro-rating?
Since you are posting this question on lawguru, I am assuming that you are asking about the legal ramifications of what is going on here. Before I address the legal questions, let me answer your questions more directly.
When you get your pay raised because the minimum wage has increased, that is definitely not a merit-based raise, and it is not a seniority based increase, either. It is a raise, because your pay went up, but it leaves you earning what a new hire necessarily must make. If your salary increased because of a change in the law, that does not mean you got a review. It is quite understandable that you are irked by your employer's approach.
That said, unless you have a contract to the contrary (either a collective bargaining agreement through a union or an individual contract between you and the employer), there is probably nothing illegal going on here. Unless you have a contract promising you periodic raises, and the contract promises a certain minimum percentage, the law does not guarantee a raise for you. Your employer has the right to say, "Times are tough, no raises for anyone" or even, "Times are tough, we need to take a pay cut." (They cannot, however, cut your pay for hours already worked.)
I know nothing about your employer, so I do not know if they are struggling to find a way to make ends meet and avoid having to lay anyone off, or if management is simply being greedy. Either way, unless this violates an express contract that you have with your employer, or unless this action is directed particularly at you for an illegal reason (discrimination on an illegal basis or retaliation for an illegal reason, for example), you should probably just smile politely, thank them, and discretely look for better paying work elsewhere.
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