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Written Contract for Annual Percentage Increase - Nevada

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  • Written Contract for Annual Percentage Increase - Nevada

    In January of 2008, I was given a review and subsequently provided with a Memorandum/Contract which provided for a 6% raise each year. I received the salary increase that year; however, at that year's end, I did not receive my historical year-end bonus I had received year prior year. The 1/2008 document has not been superceded by any other written document.

    In January of 2009, at review time, I was told by human resources that, "I can give you a review; however, you will not be receiving a raise" simply due to their finances. While I made efforts to address the fact that my prior "contract" stated a 6% raise each year but was told that, despite it stating each year, that was a "typo" and not intended for anything beyond the year of 2008. Instead, I received an increase in work load. In January 2010, I again brought the issue to their attention and was told the same thing along with an even more increased work load.

    In June 2010, we had 2 support staff tender their resignation. One being simply for the harrassment she had been recieving in the office and the other simply because she obtained another job that paid more (however, this person stayed as she was promised a 3% pay increase).

    I have been in my position with one of the "partners" of this firm for nearly 12 years. It is my understanding that when engaging in a review, not inly is it the opportunity to recieve constructive criticism for efforts to better my performance but also an agreement/acceptance based upon what I am being provided with - simply, that it is a "two-way street". I have upheld all of my requirements as well as additional tasks and have not been reprimanded by any means for failure to fulfill the 2008 memorandum/contract. However, it is my opinion that they have failed to follow through on their contract for a 6% pay increase each year. In continuing to bringing this matter to their attention, I am constantly told that I am owed nothing and that no such contract exists. I am also reminded that I should not "cause waives" because there are "several people who could use my job". Obviously, this make this incredibly frustrating given my continued devotion to my job.

    My questions are:

    Do I have a valid contract that needs to be enforced by me upon my employer?

    Am I entitled to receive the 6% pay increase for both 2009 ($3,354) and 2010 ($1,776 to date) which is approximately $5,132 in lost wages? (this does not even include the $5,000 in bonuses I historically received the years prior).

    Are my employers allowed to harrass me in such a manner about my concerns on this issue to threaten me with my job?

    Any feedback as to my rights would be greatly appreciated!
    Last edited by tahoemunns; 07-11-2010, 09:49 AM.

  • #2
    There is no possible way we can establish whether your contract is legal and binding since we have not read it. Only an attorney in your state who has read every word of the document can say. Likewise, only an attorney in your state who has read every word of the document can say what you are due if, indeed, you have a legally binding and enforceable contract and it has been breached.

    There is nothing inherently illegal about an employer "threatening your job".
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      I would add that your terminology of "Memorandum/Contract" implies that what you have is labeled "Memorandum" and you are trying to find a way to assign the term "Contract" to it. As cbg suggests you should have an attorney read the document to determine if it is, in the attorney's opinion a legal contract. You should do that before making more waves. Keep in mind that even if it is a legal contract relative to the raise you receive each year (which I suspect it is not) it probably doesn't guaranty you continued employment, in which case you could be fired instead of them paying the increase.

      There are many many people not receiving bonuses now that they "historically" did due to the recession(s). And, as your employer has suggested, there are many very good people who are out of work who would jump at the chance for a job, quite likely for less than you are being paid.

      I would advise against making yourself a problem on this, including letting it negatively impact your "devotion to your job", unless you would rather leave the job than continue at your current rate of pay. At some point an employee's complaining gets to the point that he or she becomes more work for management to deal with than they consider worthwhile.

      Your choice on how to approach it based on what is most important to you.
      Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.

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