Raise has been promised time and time again

[usa-g33k]

I am in the state of michigan.

I have been working full time at a local pizza place (little caesar's) for nine months now, after the first 5 months i was told that my next paycheck would have a raise - given my work record and continued performance. I am considered the best worker in the store next to the manager, and can back it up with my punctuality, ability, and overall customer service record. I am currently enrolled in the local college (michigan tech) full time.

As of yet i haven't received the raise promised, and have heard numerous "i promise you will see it on your next paycheck" statements from our regional manager. Taking my business law class, i am understanding that this is a possible breach of contract and may raise a claim for damages on my behalf.

What is my recourse?? I am getting payed 5.15 an hour to open and close the store, plus going to college. I am not going to school next semester, as i cannot afford to do so with my current employment. The economic situation up here is lacking, plus this job offers me a much more flexible schedule to goto school with - thus i feel that mitigating my own suffering is neglible.

Any advice would be greatly appreciated.

-usageek

 

[cbg]

In the absence of a bona fide contract guaranteeing raises at particular times, the ONLY time an employer is obligated to raise your pay is if you are being paid at minimum wage and minimum wage is raised by either an act of Congress or your state legislature.

I think you will have a very hard time successfully claiming a breach of contract on the basis of what you have posted.

Your options are to either continue to wait for the raise or to find other employment.

 

[usa-g33k]

Isn't an oral contract a legitimate contract?

-usag33k

 

[I AM ALWAYS LIABLE]

Isn't an oral contract a legitimate contract?

-usag33k

My response:

You have got to be kidding. You want to enforce an oral contract with your employer? I can see one college student out of a job REAL quick.

Also, you don't even know what amount of raise you might get, and therefore, your damages would be, at best, speculative. Besides, any amount over minimum wage is a "gift". There's no law that requires employers to give raises, for any purpose - except through legislative fiat; i.e., increase in minimum wage.
So, even if you could prove how much you were supposed to receive, you still wouldn't have a cause of action because until a "gift" is received, you have no ownership interest in the same; ergo, you'd have no standing to sue.

Oh, please, just find another "flexible" job.

IAAL

 

[cbg]

The way it was explained to me on another board, while an oral contract can be binding, in your case all the elements of a contract are not present. A contract has to include consideration on both sides.

The example given was that I can tell you that I'm going to give you $1000, but that's not a contract and no court is going to force me to actually give you the money. The reason it's not a contract is that you have not offered any consideration. Now, on the other hand, if I said I was going to give you $1000 and you said that in exchange for that, you were going to paint my house, NOW we have consideration on both sides and the elements of a contract are present.

In your case, right now you are doing your job and your boss is giving you a previously agreed on wage. Now he comes along and says he will give you more money. Okay, fine, but you haven't promised any consideration. You haven't agreed to take on extra duties, or work longer hours, or train a new employee. Since you have not provided any consideration, his promise to give you a raise does not constitute a contract, binding or otherwise.

 

[usa-g33k]

you're right, past consideration is immediate failure for lack of consideration.

 

[Beth3]

usa, what your employer is very foolishly doing is risking losing their best employee to another employer. I suggest you start looking for a job that pays better. Best of luck.

 

[usa-g33k]

was just speaking with another restaurant this morning, going back on wednesday for another interview. thanks for the advice

 

[divgradcurl]

Even if there were consideration, the tricky part about an oral contract is proving that it exists. Unless you have some evidence, like a witness who can back you up, or unless the other party voluntarily admits to the contract, how do you prove a contract ever existed anyway?

 

[usa-g33k]

i could easily pull testimony from people at work who are in my similar situation, including my manager who is all for it. sadly, it's been the lacking managerial efforts of our regional manager that caused my current situation. my boss wants it because then i can actually receive more responsibility and take the load off of him.

 

[I AM ALWAYS LIABLE]

i could easily pull testimony from people at work who are in my similar situation, including my manager who is all for it. sadly, it's been the lacking managerial efforts of our regional manager that caused my current situation. my boss wants it because then i can actually receive more responsibility and take the load off of him.

My response:

Do you know how much your raise is supposed to be? Did anyone tell you? Was there a "meeting of the minds"?

IAAL

 

[OHIOGUY44095]

USA,
Let's this be a lesson that we've ALL learned over time:

GET EVERYTHING IN WRITING, including important specifics (exact amount, etc).

Let's be realistic here though (and no offense to you). This is a pizza place -- and Little Caesars at that. I don't know how the company is doing overall, but all of the ones in my region have closed down years ago and didn't have a good reputation anyway.

Go to a competitor. If you are that much of an asset, then it is THEIR loss. Plus, when you give them your notice, they might even try to keep you, by giving you more money. If that happens, this is where you can start to negotiate for more money (they don't need to know what their competitor was going to hire you at).

If you get to this stage, again, GET IT IN WRITING.