Not given mandated salary increase

[Indiana Filer]

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

I just found out that I was supposed to get a 5% pay raise in August 2011 due to having my master's degree and attaining five years as an officer. According to the state, this is a SHALL receive pay raise, not a MAY receive pay raise. My bosses knew, when I was hired, I had my master's degree already. They are saying, since I didn't bring it to their attention when I hit the 5 year mark, I'm out of luck on getting the raise last year even though I had notified them of it long prior to the five year mark. I will get the raise beginning in January, 16 months after it should have been put in place. Yes, I should have noticed, but I work just under full time, and thought it had been figured in. It amounts to about 3 hours of working unpaid per week.

What are my options at this time?

I'm looking hard for a different job because of other issues, but I' d really like to know if there is anything I can do.


Thanks all!!

C

 

[cbg]

Is this contracted for people in your position?

 

[jiggy78]

Unless you have a actual employment contract your employer is not legally bound to follow their own compensation policy.

 

[justalayman]

I think IF needs to provide some more information but just a guess on my part but I think IF works for the state or some entity that is governed by state rules. The argument that there is a mandatory raise due to obtaining another degree or status as an officer suggests that.

. According to the state, this is a SHALL receive pay raise, not a MAY receive pay raise

 

[cbg]

I know what IF does but I'm not sure if she's a state or municipal employee. IF?

 

[tranquility]

While I don't think you can legally enforce arrears, you should be able to get the increase from this point forward. Maybe, retroactive, depending on your union. I suspect you are a police officer and have an union and the contract states you must get such a raise, right?

 

[justalayman]

I suppose somebody could just go and look at IF's profile:



About Indiana Filer
Location:
IN
Occupation:
Juvenile Probation Officer

 

[Indiana Filer]

The salary is mandated by the state, which is why I said the language is SHALL receive. The department gets no say in whether or not they have to pay me for the MS. They do. But...they didn't.

 

[LeeHarveyBlotto]

Do you belong to a union? If so, that's your first call.

 

[cbg]

If not, then I imagine the state wage and hour people would be the next step.

 

[commentator]

If you are a state employee, not the employee of a contractor who does this work for the state, you may have legs to stand on for this one. Otherwise, probably not, as a private entity sets its own policies and does not have to have them exactly in line with the state's policies.

It does not surprise me at all for the state not to follow its own personnel rules, that they did not automatically pick up on it when you passed that anniversary, or that they did not give you that pay raise, or that they do not give pay raises to anyone who does not ask for them or that they wish to bless politically who happens to meet their criteria.

And sometimes you even have to call in politics to get them to actually follow their own policies, for example, complaining to your state legislators. By all means, if you are a union member, call your union and complain to them first. If they can't help you or you are not a member (that's the first question they ask) then you should begin with your immediate supervisor, move up through your department's human resources and the to the state's department of human resources, asking for satisfaction and an immediate ajustment of your salary. I agree, it's going to be unlikely you will be retro-paid. I don't see Wage and Hour being involved in this one at all. This is a departmental policy situation, not a failure to comply with federal wage and hour laws.

I have seen this happen many times in more than one state, where people who did not watch their own situations and ask for the gradient raises did not receive them. I don't think I have ever seen anyone successfully sue for them, though I saw them actually get the raises or position up grades when they did ask, and I never saw anyone backdated to the time when they would have been first been eligible for them.