Employment Law partner Carmelo Grimaldi talks to Newsday About the Enforcement of a Pay Raise Promise

Newsday.com
Promised a raise, you should get it
Carrie Mason-Draffen
December 14, 2008

DEAR CARRIE: I have a PhD and have worked for a university research foundation since 2001. My job performance has been praised numerous times during those years, and I have had two raises, but less than 2 percent. Two years ago, I was assigned to oversee a major project - with no salary increase. Last year when I was given even more responsibility, I told my supervisor that I was unhappy with my salary and wanted a raise. She promised she would talk to the dean of finance to get me a raise as well as an assistant. I didn't hear anything for a while. So in January I asked the supervisor about the status of my request. Both orally and in an e-mail she promised me a $7,000-a-year increase retroactive to January and she again promised me an assistant. In September I got the assistant, who was hired for more money than I make. I was optimistic and expected to see my salary increase in my next paycheck. But it wasn't there, and to date I haven't received it. Do I have any recourse? My job has plenty of pluses but I am upset over the salary issue.

Elusive Raise

DEAR ELUSIVE: I put your question to an employment lawyer and career expert to explore both your legal rights and negotiating strategies going forward.

It matters that you were promised a raise both orally and in an e-mail, said employment attorney Carmelo Grimaldi, a partner at Meltzer, Lippe, Goldstein & Breitstone in Mineola.

"Under the common law, you should be entitled to rely on this promise for a specific increase in your annual compensation," he said. "Here, you requested a wage increase from your supervisor and you received an explicit response after [she] had sufficient time to consult with your dean of finance."

He said some employers avoid conflicts like this by designating only one person, such as a president, to promise or provide wage increases.

He said you may have a claim under state labor law for failure to pay an "earned" wage. If you prevailed, you would be entitled to damages, interest and attorney's fees.

Grimaldi suggests that you talk with your supervisor again, mentioning the above information, and try to get a resolution. If that doesn't work, he suggests that you speak with human resources or upper management.

And he says, don't forget to take a copy of the e-mail with the promise.

Kate Wendleton, president of the Five O'Clock Club, a Manhattan career-coaching and outplacement group, said you should have handed your supervisor a formal proposal with a history of your raises and performance.

"Then your boss could have simply handed your proposal to the dean of finance," she said.

She said your supervisor's attitude is common in economic downturns, when the power shifts from employees to employers.

"She has rolled over and abused you," Wendleton said. "Given the current job market, she figures you have no recourse but to put up with the abuse."

Wendleton stressed that now is just the beginning of employers' feeling they can take advantage of employees because of the weak job market. Still, she said, "in every down economy there are plenty of employees who get raises anyway."

So you need to go on the offense. You should update your resumé, not necessarily to leave, Wendleton said, but to test your value in the marketplace and to use that as leverage in your current job.

"... Many companies are still hiring - even those who are laying off in other areas," she said. "You could test yourself in the market to level the playing field with your boss and to feel more powerful. You would feel better knowing that you had a fallback position."

Carrie Mason-Draffen welcomes workplace questions, though she cannot respond to every query. Some may be edited for length and clarity. Contact her with your questions at 631-843-2450, or e-mail her at carrie .draffen@newsday.com. Send a letter to Dear Help Wanted, Business Desk, Newsday, 235 Pinelawn Rd., Melville, NY 11747-4250. Your name and number won't be published.

Copyright © 2008, Newsday Inc.