Is this fair and legal?

Question

If an employee was entitled to an annual raise (on their doh) and the employer did give the raise until about a month later, should that employee be entitled to back pay for the time that he/she didn't receive their raise?

I meant to say, "and the employer didn't give the raise until about a month later".

Answer 1

it depends on the company policy regarding raises.

Answer 2

Check the company manual. If it states the employee is entitled to an annual raise to be given on anniversary of date of hire, and the employer does grant a raise for that reason, then it should be effective as of the anniversary date and retroactive pay given. Just because the employer lagged a month doesn't mean the employee isn't entitled to their raise for the previous month it was supposed to have been given.

Answer 3

I assumed you mean you don't have the increased amount shown in the pay check until one month later. Usually employer should tell you when you expect to have the raise showing in the pay check and sometimes, it may be delayed. You have the right to ask your HR manager why it is late. I don't think there is any issue at all. Do you have a document saying that your salary raise should be reflected at such such date of pay check? Are you the only person who did not get the pay raise until one month later? If answers are no for both of questions, we don't have a case. Look at the bright side, you got a raise this year.

Answer 4

Honestly this doesnt sound like they are trying to run a con on you.

Most employers pay in the hole so even though I am hired today 9/18-for my employer I would only receive payment on 10/11/07 for 9/18-20/07.

Obtain a payroll schedule from your HR or Accounting Department

I hope this helps

Answer 5

For the most part, it's fair and legal.

It's fair, because the employer is able to raise and lower your pay at will. So, it's up to them if they want to give you your next raise starting tomorrow, or not give you one for the next 10 years.

It's legal, because for the most part, there are no laws governing this. So long as they pay minimum wage, they can pay you what they want. You're also free to work at that wage, or take your talents elsewhere.

If there is some special employment contract between you and your employer, than that document governs. It may spell out the process for giving raises and how you should be paid and such things. Otherwise, it's as I mentioned...totally up to your employer.

Answer 6

In the US, no one is "entitled" to a raise unless you have an employment agreement that grants you this--which would be highly unusual. Some employers will back date pay for a 'late" review, others will not. It is entirely at their discretion.

Answer 7

There is no law which can compel an employer to pay more than minimim wages. Raises are at the prerogative and generosity of the employers and are NOT regulated by laws.

Answer 8

Some of my employers have given me back pay. I am not sure of the legalities. Maybe check with the Fed. Earnings and Wage Commission.

Answer 9

It depends on the date the raise was issued. If the date set for the raise was for the month before than you should get back pay.

Answer 10

I believe you should be entitled to the back pay. I would confront them about it first and see if you can get them to pay it. It is legal if you have no contract that says your entitled on that specific date. But if their is that is your legal standing to argue back pay.Good luck hope you get the money.

Answer 11

Absolutely. It is called retro pay. However, depending on the state that you live in, right to works laws can very greatly. By this, I mean that it may not be something that is required by law, just a courtesy. Most employers will pay their employees retro pay.