Unpaid raise -- backpay issue

[Goner]

In California, I have a situation where I was promised two raises commensurate with the completion of two promises. My boss did this via e-mail. I have a copy of this mail and have recently been able to finaly dig it up and present it to accounting (after two years of him saying that he didn't remember it and wouldn't honor it unless I found proof).

Accounting came up with an amount to which I am entitled. They presented it to the boss and he agreed to pay it. Then, the day before payday, he decided to pay only half. He said that the other half would be paid "at a later date". Accounting is hamstringed and can't pay me the rest of the back wages without authorization from him and he avoids my questions (and their's) on the subject. It's been two pay periods since the first half of the back wages were paid and I would really like to get the rest of the wages paid to me.

I contacted the California dept of labor with this before the first check was cut and they suggested not doing anything until I had deposited that first check so that he would not be able to place a stop payment on it or whatever..

What is my recourse? I would prefer to not file a legal complaint immediately as I feel that, despite laws to the contrary, my position with the company would be jeopardized and that he would drum up some grounds on which to dismiss me (dress code violations? 3 minutes late one day last month? Company Downsizing, etc..)

 

[Beth3]

I'd be a little surprised if the DOL can help you. As long as you are being paid at least minimum wage, what you are paid over and above that is between you and your employer.

If you want to know whether you have any basis to insist that your boss approve the pay raises he promised, you'll need to see an attorney. The issue is whether the promises he made constituted a contractual agreement. If the attorney believes that's the case, then your recourse is to sue for what is owed you.