Raises and performance evaluations

[Jprice9576]

I work for a transportation company in Texas. When I was offered employment, I was told that my salary would be $45,000/year. I told the HR manager that it was too low and wanted a higher salary before accepting the offer, and was told that the offer was non-negotiable but I would receive a 90 day performance evaluation with the possibility of a performance based raise. About 1 week after my 90 days of employment came, I asked my boss for a raise and he told me that I've even doing a great job and he would absolutely give me a raise by the end of the month. I never received said raise and asked a few more times over the next several months about the raise to which I was told "it's not in the budget" "it's not the right time" "you'll have it by the end of the week". I have now been employed for 11 months without an evaluation or a raise. 1 month ago, I learned that 3 other employees received their raises (2 of which were not employed for 90 days yet) so I went to the HR manager and requested my 90 day performance evaluation and he informed my supervisor that he needs to complete my 90 day evaluation. For the past month, a blank evaluation form has been sitting my supervisors desk and I still haven't received my raise. Here are my questions:

Have any laws been violated by my employer?

If I receive my raise, am I due any back wages?

In regards to the law, should I continue to curcumvent my direct supervisor and discuss the situation with the HR manager?

If the HR manager and my supervisor fail to resolve the issue, should I contact an attorney?

 

[cbg]

1.) No. No law requires that you ever receive a performance evaluation, let alone at any given time. No law requires that you ever be given a raise, with the sole exception being if state or Federal minimum wage is raised by either your state legislature or an act of Congress, and your present wage is below the new minimum. No law requires that when raises and/or performance evaluations are given, they must be given in order of seniority.

2.) Not under the law. Only if you can prove to a court of law that you have a binding contract for an increase to go into effect no later than 90 days of employment. Based on what you've posted, I doubt if you do.

3.) The law doesn't come into this as no laws are being violated. I don't know either your direct supervisor or your HR manager to know which would be a better choice.

4.) If you think you can prove what I suggested in #2, have at it. Otherwise, my personal opinion is that you'd be wasting your money. Particularly since by your own words, the performance evaluation came with the possibility of a performance based raise. No matter how good your performance, that is NOT a guarantee of an increase.

 

[Jprice9576]

Thanks for your honest response. I was afraid I might be lost in my own head on this one.

 

[LdiJ]

Thanks for your honest response. I was afraid I might be lost in my own head on this one.

Look for another job, find one, and in your exit interview for this one, be specific that you left because you did not receive your performance review and raise.

 

[adjusterjack]

Look for another job, find one, and in your exit interview for this one, be specific that you left because you did not receive your performance review and raise.

Good idea

Just don't say that to a prospective employer.

 

[adjusterjack]

Thanks for your honest response. I was afraid I might be lost in my own head on this one.

NEVER believe what any employer says about future performance reviews and raises. They lie to get you to take the job for a lower amount and then they'll BS you till the cows come home to avoid paying you more.

What's happened to you for the past 11 months proves my point.

If you can't get the salary you want at the getgo, either walk away or be content with that salary for the duration.