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detrimental reliance

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jack65432

Junior Member
What is the name of your state (only U.S. law)? New York


The last time I received a raise was on Jan 2008. In June 2008, I began to supervise two collegues and was told I will receieve a raise shortly. For months I kept waiting. In October 2008 I was promoted to Associate Director level and was told that the raise was would be coming. By December I still did not receive the raise and was told it would be part of the Annual Review. I was also told by my supervisor that it would be a hefty increase to match my qualifications. Finally he told me that it was not approved to be given until January. January comes and they just did layoffs and I got laid off. I never got my raise. Is this a case of detrimental reliance? also, the severance package I have been offered corresponds to my old salary, not what i could or should have been making. Is this grounds for legal action? I got a promotion and never got my raise.

Thank you
 


cbg

I'm a Northern Girl
I'm not seeing a deterimental reliance case. You don't mention choosing to stay with this employer solely on the promise of the raise; you don't mention giving up anything to stay where you were. So on what did you rely to your detriment? What would you have done differently if not for the promise of the raise?

Unless guaranteed by a bona fide and legally binding contract or CBA, no employer is legally required to give raises ever unless minimum wage is raised by the appropriate legislative body and the employee's wage is under the new minimum.
 

jack65432

Junior Member
Thank you.

Just to make sure I understand correctly, a company can promise they are going to do something and keep telling it to you but until it actually happens or until i get it in writing, then there is nothing binding? The fact that they gave me the promotion without the raise is not indicative?

the promtion and alleged raise is what kept me at the company instead of looking elsewhere. I also took on many new responsibilities, working longer hours, with the expectation that I would get the raise.

So I should just take the severence pay for being laid off?

Thanks again for your help
 

cbg

I'm a Northern Girl
There is nothing in the law that requires that you get a raise along with a promotion. As far as the law is concerned, if you are being paid the higher of state or Federal minimum wage (if non-exempt) or $455 a week (if exempt) you are being paid legally. Regardless of your job duties. Regardless of promotions.

ONLY an attorney in your state can say if the promises made to you are legally binding.

Severance is not required by law.
 

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