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Do I have any rights? (Retro raise state on Eval) California

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  • Do I have any rights? (Retro raise state on Eval) California

    I recently had my annual performance evaluation and our director (who is fairly new to the company) recommended a Cost of Living raise, and stated on the evaluation that the raise would be "retroactive to her last evaluation in May 2005". She previously told me she felt I was not "recognized" by our previous director. The statement of making the raise retroactive was on my evaluation and both her and I signed that document.

    However, I saw my appointment form that she filled out for the raise, and she has changed the retroactive date to May 2006 rather than 2005. Again, my evaluation stated that the C.O.L raise would be retro to my last evaluation, which was May 2005. I did not have an evaluation in May 2006... so it is not an issue of a type-O. She has clearly changed her mind.

    Do I have any rights here? I mean... snce we both signed the performance evaluation.

    Thanks for the help
    Last edited by jj5472; 10-14-2006, 12:25 PM. Reason: type-o in title

  • #2
    You do not have a "right" to a retroactive raise, or a raise at all, as far as the law is concerned. The ONLY time an employer is required by law to increase your wage, is if you are working at exactly minimum wage and minimum wage is raised by the appropriate legislative body. Retroactive raises are not required, ever.

    It will be up to the employer whether to honor the evaluation or not. They are not required to by law. An evaluation is not a contract.
    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.


    • #3

      Okay, thanks.


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