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View Full Version : What are my rights (raise, status, benefits question)


RickP
01-12-2008, 10:34 AM
My question is raise/status/benefits related. I will give you the short version of the story, altho even the short version is semi long.

I work for a major retail company in North New Jersey. I had 2 former store managers. One was the store manger and the other was the personal/operation manager. They are referred to as 01 (Store Manager) and 02 (Pers./Ops).

The 2 former mangers I had were moved to another store located in Paramus NJ. I received a phone call from the 02 telling me about a position that would be opening in their new store and asking if I was interested. The position included a full time position, benefits and a pay raise. I informed him I was interested. Soon after that I went up and interviewed for the position with the 01. We went trough the formalities about what the job consist of and what would be expected of me. I need to add in here that I already held the same position in my current store, so it would have been a lateral move for me.

During the interview I inquired about status, raise and benefits. I was informed that I would be getting full time status and with that came benefits. I was also told that there would be a pay raise involved, but no numbed was said. A few weeks later I received a phone call from the 02 and was told I have the position. During the call I inquired about the pay raise and was told they would be putting in for a 10% raise based on my current pay rate. I told him that I needed at least $1 more an hour to consider taking the position. The 02 told me that I would be getting atleast a $1 raise, more then likely more then that.

I started the new store soon after and worked 2 weeks and then came down with a cold. I took a few days off and received a phone call from the 02 asking how I was. I told him i would be back to work in a day or two and he informed me I needed a doctors note clearing me to come back to work. I had no problem with this and asked him which doctor I should go to, if there was any special doctor I had to go to that my benefits covered. This question came as a surprise to him and when I explained that I wasn't sure if my new benefits covered any doctor or a company set of doctors, his response was "Don't you already have benefits through the company?". My company offers benefits to part time employees, but at a higher co-pay so I never opted to get them. When I explained this to him his response was "Well then you don't have benefits.".

Instead of having a long drawn out conversation over the phone I decided to wait till i went back to work to discuss this. When I arrived back I sat down with the 02 and talked about my role in all ofthis and the things that I was informed I would have. I was then informed that no paperwork was put through for anything. No raise, no full time status, no benefits, no nothing.

At this point I was 3 weeks into the new store and was traveling from Jersey City to Paramus almost everyday. I decided to see if my position was still available in my current store and it was. I spoke with the store manager (the 01) and she was happy to have me back. informed the 02 in Paramus that I would like to transfer back to my old store. He was reluctant to let me leave telling me I could grow with the company and that he would personally speak with the district manager about getting me my raise, status and benefits.

In the past these 2 managers have promised employees raises and promotions and have failed to come through on most. I was giving them the benefit of the doubt by even considering transferring to their store cause they assured me during the interview I would be getting all the things promised to me.

When I informed the 02 that I would still like to transfer back to my old store he told me he would do the paperwork and even told me that I would be getting a separate check for $1 for every hour I worked in their store to make up for not getting the raise I was promised.

After I returned to my current store, the store admin told me she received a phone call from the 02 on the matter of the $118 (I worked 118 hours in their store). He told her to put it into payrole for their store to be charged so that I can get the money owed to me. After the paperwork was put in the corporate office denied it based on the paperwork for my original raise never being put in. So from what I understand I will not be receiving any money.

I was informed by a good source that the district manager inquired on this matter and the 01 in Paramus told them that no such offer was made. Now I have a witness that was there during the interview as well as several others that heard the conversation between myself and the 02 when he quoted me at least a $1 more an hour.

Now I believe I am correct when I say that that a verbal agreement like this is a binding contract. At first I was willing to just accept the $118 and let the matter go, but after what has happened and the 01 basically calling me a liar, I am looking to get what is actually owed to me. My question is where do I legally stand on all of this?

I plan on contacting the Human Resource section of our company and informing them of the situation, but wanted to get some legal advice before I did that. Am I entitled to all that was offered to me? Am I entitled to $1 an hour retro fro ever hour I worked at their store, even up to the present day? Am I entitled to just the $118? What are my legal rights here?


Thank you in advance

Eagle
01-12-2008, 09:08 PM
You certainly do have legal rights here. Verbal contracts are valid and in this situation you were promised extra pay, fulltime status and benefits in exchange for moving to the new store. You performed your part of the bargain but the manager(s) did not. Because the managers breached the contract you decided to go back to the old store. It would not be unreasonable for you to demand that you get the things that you bargained for (extra pay, benefits and full time status) and this would exceed the value of the $118 that was originally offered to you.

If the human resource department has any brains they will offer you something in excahnge for all the aggravation and broken promises you endured. If they don't I would remind tham that you have a valid cause of action here and you also have proof in the form of a witness. Furthermore, you may be able to argue that you were being punished for calling out sick. You may have additional causes of action here.

Let us know how things go.