Was promised my salary would return to certain level after 3 years and now they won't

[jplott78]

What is the name of your state (only U.S. law)? TEXAS

Ok so December 2012 my boss (CEO of company) bailed me out of some debt, in exchange he cut my pay for 3 years and I agreed to no bonuses during those 3 years either. I have in writing that after this time period my pay would be returned to where it was when I took the pay cut.

Flash forward to November 2015 (month before deal is over), CEO resigns and takes position on board of directors. He informs the new incoming CEO of the deal we had, and that come January my pay is to be increased back to where it was. New CEO meets with me, informs me he is aware of this agreement and intends to honor it.

My direct boss now is the CFO rather than the CEO. He refuses to raise my pay, says I'm overpaid as is. For years he and I have not gotten along, he's intimidated by the fact that I've been here longer than him and I have a much more in depth knowledge of our accounting software than he does. Plus it's well known that he prefers to work with females. I may even have harassment or bullying proof against him. After massive snow storm, he said his department had to be at work. My car is rear wheel drive and our rear garage and alley was piled with snow. He has a jeep, I asked for a ride (he lives 1/2 mile away), he said no, but then went and picked up other people (females) who lived further away. While I'm on vacation he will make a major mistake in the software and demand that I have it fixed ASAP.

He is constantly sabotaging me and making me look bad to the other owners. Yeah I know, why am I still here if he's such a jerk? Well, the job market here is extremely limited, and unless I want to relocate then I have to "grin and bear it", but I do think he's working on a replacement plan for me and trying to force me out the door.

So my question is this... do I go meet with a lawyer over the pay reinstatement that I never received? Is it worth a few thousand dollars to piss off the boss even more? Would I stand any chance of getting any punitive damages on top of the back pay?

Also would doing this put me in a better position to avoid them firing me, because they cannot discriminate against me for bringing this to light. I intend to request to be moved underneath a different department as they have shifted many responsibilities elsewhere, I really don't need to be under the CFO and feel that working under one of the other executives would be beneficial to all parties.

Let me know your thoughts. I have 5 kids at home so need the paycheck, but am tired of working for this guy. If I could get a nice award or settlement it would hold me over while I work a lower paying job, or find one in another market.

thanks!

 

[Zigner]

What is the name of your state (only U.S. law)? TEXAS

Ok so December 2012 my boss (CEO of company) bailed me out of some debt, in exchange he cut my pay for 3 years and I agreed to no bonuses during those 3 years either. I have in writing that after this time period my pay would be returned to where it was when I took the pay cut.

Flash forward to November 2015 (month before deal is over), CEO resigns and takes position on board of directors. He informs the new incoming CEO of the deal we had, and that come January my pay is to be increased back to where it was. New CEO meets with me, informs me he is aware of this agreement and intends to honor it.

My direct boss now is the CFO rather than the CEO. He refuses to raise my pay, says I'm overpaid as is. For years he and I have not gotten along, he's intimidated by the fact that I've been here longer than him and I have a much more in depth knowledge of our accounting software than he does. Plus it's well known that he prefers to work with females. I may even have harassment or bullying proof against him. After massive snow storm, he said his department had to be at work. My car is rear wheel drive and our rear garage and alley was piled with snow. He has a jeep, I asked for a ride (he lives 1/2 mile away), he said no, but then went and picked up other people (females) who lived further away. While I'm on vacation he will make a major mistake in the software and demand that I have it fixed ASAP.

He is constantly sabotaging me and making me look bad to the other owners. Yeah I know, why am I still here if he's such a jerk? Well, the job market here is extremely limited, and unless I want to relocate then I have to "grin and bear it", but I do think he's working on a replacement plan for me and trying to force me out the door.

So my question is this... do I go meet with a lawyer over the pay reinstatement that I never received? Is it worth a few thousand dollars to piss off the boss even more? Would I stand any chance of getting any punitive damages on top of the back pay?

Also would doing this put me in a better position to avoid them firing me, because they cannot discriminate against me for bringing this to light. I intend to request to be moved underneath a different department as they have shifted many responsibilities elsewhere, I really don't need to be under the CFO and feel that working under one of the other executives would be beneficial to all parties.

Let me know your thoughts. I have 5 kids at home so need the paycheck, but am tired of working for this guy. If I could get a nice award or settlement it would hold me over while I work a lower paying job, or find one in another market.

thanks!

You can't force the employer to raise your pay.

 

[jplott78]

You can't force the employer to raise your pay.

it wasn't necessarily a "raise" per say, as it was putting it back where it was before. I have the email that outlines our agreement, and both the incoming and outgoing CEO agreed this was happening. This doesn't seem to me like "hey you didn't give me a raise"... this is essentially a contract, no? I wouldn't have made the deal had I known I wouldn't see the $$ again after 3 years.

 

[FlyingRon]

it wasn't necessarily a "raise" per say, as it was putting it back where it was before. I have the email that outlines our agreement, and both the incoming and outgoing CEO agreed this was happening. This doesn't seem to me like "hey you didn't give me a raise"... this is essentially a contract, no? I wouldn't have made the deal had I known I wouldn't see the $$ again after 3 years.

It matters not. You can't force an employer NOT to lower your pay. They didn't need for you to submit to a "deal." You don't have even the whiff of the essentials of a contract here.

 

[tranquility]

I agree with Zigner. While you want to frame it as a reinstatement it really does not matter except for the possibility of unemployment benefits. Since you don't want to be fired or to quit, you won't be able to force a raise in pay.

 

[cbg]

You'll need to take all the associated documentation to an attorney in your state to determine whether those promises were put into a contractual form that is legally binding. If they were, the attorney will be able to tell you how to best deal with it. If not, then you're SOL.

You will NOT get punitive damages and this is NOT something that is protected under the law. EVEN IF IT IS A CONTRACT and I suspect that it is not, you do not have a legally protected right to have your wage brought back up to where it was; therefore EVEN IF IT IS A CONTRACT you CAN be fired for pissing off the boss and you CAN be "discriminated against" because of it.

So keep that in mind.

 

[jplott78]

So based on the replies thus far, I'm just screwed. Someone help tell me what I could have done to protect myself here. There won't be a next time, but if I ever know someone who is about to make a deal like this, what do they need to do to make this binding? I had it typed up in email, per request of the old CEO, he replied that it was correctly stated and agreed to. Honestly he should have just put the pay level back in before he left, but alas he didn't. So gurus... if I had a time machine and go back to the deal, what do I do differently?

The documentation I have simply states basically "per our discussion this is what we are agreeing to. No bonus until 2015 year. Salary cut by $XXXXX until January 2016, at that time it returns to the current salary of $XXXXX"

CEO reply "yes that is correct, we will raise it back to where it is at the present and you will again be eligible for raises."

 

[cbg]

I don't know if it's a contract or not. I haven't read it. I told you what to do to find out.

If you want to be sure it's binding next time (you're anticipating a next time? That's not good) have a lawyer draw it up.

But no one here can make it illegal for the boss to fire you over it. That's outside a message board's control. Try Congress.

 

[jplott78]

I don't know if it's a contract or not. I haven't read it. I told you what to do to find out.

If you want to be sure it's binding next time (you're anticipating a next time? That's not good) have a lawyer draw it up.

But no one here can make it illegal for the boss to fire you over it. That's outside a message board's control. Try Congress.

I clearly stated there won't be a next time. ....

Someone help tell me what I could have done to protect myself here. There won't be a next time,

Also it is illegal for them to fire you if you bring forward wage issues, but I understand "at will" employment means they just find something else they don't like and use that as the reason.

 

[Zigner]

Also it is illegal for them to fire you if you bring forward wage issues, but I understand "at will" employment means they just find something else they don't like and use that as the reason.

Where did you get that from? If you stomp in and DEMAND that they give you a raise (yes, that IS what you are asking them to do) then they can fire you. It really is that simple.

 

[tranquility]

So based on the replies thus far, I'm just screwed. Someone help tell me what I could have done to protect myself here. There won't be a next time, but if I ever know someone who is about to make a deal like this, what do they need to do to make this binding? I had it typed up in email, per request of the old CEO, he replied that it was correctly stated and agreed to. Honestly he should have just put the pay level back in before he left, but alas he didn't. So gurus... if I had a time machine and go back to the deal, what do I do differently?

The documentation I have simply states basically "per our discussion this is what we are agreeing to. No bonus until 2015 year. Salary cut by $XXXXX until January 2016, at that time it returns to the current salary of $XXXXX"

CEO reply "yes that is correct, we will raise it back to where it is at the present and you will again be eligible for raises."

One thing you'd have to do is put a time or other limiting component on it. "Salary cut by $XXXXX until January 2016, at that time it returns to the current salary of $XXXXX and jplott will remain employed at least until January 2017 with us absent gross misconduct."

Otherwise, you can quit at any time and they can fire you at any time.

 

[jplott78]

Where did you get that from? If you stomp in and DEMAND that they give you a raise (yes, that IS what you are asking them to do) then they can fire you. It really is that simple.

On about any workplace rights website it says "It is a violation to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under FLSA." ... would this not be considered FLSA?

 

[jplott78]

One thing you'd have to do is put a time or other limiting component on it. "Salary cut by $XXXXX until January 2016, at that time it returns to the current salary of $XXXXX and jplott will remain employed at least until January 2017 with us absent gross misconduct."

Essentially that is what it says, other than the "remain employed until January 2016" , but yes I see the question about "couldn't you have quit during this time", I could have, but the CEO was a good friend and he knew if I say I'm sticking around for the duration of this, then my word is good. Like I said, his word was good but unfortunately he left right before this was to happen.

 

[Zigner]

On about any workplace rights website it says "It is a violation to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under FLSA." ... would this not be considered FLSA?

No, it is not. Again, firing you for demanding a salary increase is not illegal.

 

[tranquility]

Essentially that is what it says, other than the "remain employed until January 2016" , but yes I see the question about "couldn't you have quit during this time", I could have, but the CEO was a good friend and he knew if I say I'm sticking around for the duration of this, then my word is good. Like I said, his word was good but unfortunately he left right before this was to happen.

I copied and pasted what you wrote and added the other bit I found essential. There could be any of a number of ways to make a binding agreement. But even if yours is a binding agreement, since it has no duration, it can be ended by either party at any time. The only real issue you have is in regards to unemployment. If it is a contract or understanding, failure to live up to it might give you the ability to quit and still receive unemployment pay. If not, you'd probably have to be fired to get it.