back pay not paid

[nratjr]

What is the name of your state?Virginia

I was due for a raise in march 2004 and did not receive it until july. now my employer will not pay me my back pay for those 4 months. Isn't this illegal

 

[cbg]

Not at all. Unless you have a bona fide contract that specifically says that the pay raise was guaranteed to be in March, they are under no legal obligation to EVER give you a pay raise. They are NOT required under the law to make a pay raise retroactive, again barring a GUARANTEE in a CONTRACT.

 

[nratjr]

Virginia,

What if they have given every one else their back pay,they do not have to give me mine. Not to mention our union contract stated that on our yearly review if you passed all qualifications outlined you are due a raise to the next level of pay therefore by giving me my raise even though it was 4 months past my yearly review date they agree to the fact that I passed my qualifications. So why not the back pay like everyone else received

 

[cbg]

Does your CONTRACT say that you have to get your raise retroactively? If so, you do. In that case, you would file a grievance through the union.

If not, you don't, unless you are prepared to show evidence that you and only you did not get it BECAUSE OF your race, religion, national origin and so forth.

The LAW does not say that you have to get your raise retroactively. If your union does, then you have to go through the union, cuz it's THEIR rule, not the law's.