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NOT Getting Paid my Salary Increase--Virginia / Washington D.C. District of Columbia

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  • NOT Getting Paid my Salary Increase--Virginia / Washington D.C. District of Columbia

    Hi all,

    I have an issue I've been pulling my hair out for the past week. I worked for a small government consulting company that's headquartered in Washington D.C. (small company with high employee turnover, but they average to keep around 45-48 employees). I am a Virginia resident and was assigned to a government client to perform IT consulting, based in Virginia (don't know if that information's necessary)

    Here is the deal:

    On September 12, 2007, I was awarded a promotion and salary increase came along with it. The promotion was to take effect immediately, but my increase was to take effect October 1. On October 15, I tendered a formal resignation to leave, with a 2-week notice.

    I check my paystub on 10/31 (for the 10/1-10/15) pay period and they didn't incorporate my salary increase! I've worked for that piece of crap company for almost a year and a half and did not see one raise. When I finally earn it, they don't want to give it to me! I talked to the HR/ Finance chick and this is what she claims, quote : "We do not process outstanding salary claims to employees who have changed their active status by submitting their resignation".

    I checked their employee guide, and there is NOTHING that conveys the aforementioned. The only time a financial reward can be revoked is if it comes in the form of a bonus which is pretty explicit in the guide. The promotion letter that has the information (promotion information, salary increase, and increase effective date) does not mention that either! So, I'm pulling my hair out here contemplating if I should take it to small claims...

    What should I do?

    Thanks in Advance,

    Jerry

  • #2
    Not everything has to be addressed in an employee manual/handbook. There doesn't even have to be one. As long as you were paid at least minimum wage, neither the state nor the federal DOL can get involved; it's not their mandate.

    You might want to check with an attorney versed in contract/employment law for an opinion about whether or not this increase was a legally enforceable promise, but I wouldn't be optimistic.

    Such action is not uncommon. Why should they give you a raise when you've resigned?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      That doesn't make sense though. I received the salary increase, hence my compensation was adjusted. They have to pay me what I'm compensated. It's in the offer letter. Doesn't the offer letter constitute a contractual obligation on their part?

      Jerry

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      • #4
        Not necessarily. If you want to pursue this, it would be a contract issue anyway (although I'm not optimistic...offer letters very seldom rise to the level of a bona fide contractual obligation), not either the state or federal DOL. They don't really get involved in contract issues, because there is no wage and hour law regarding contracts. That's tort law. You would need the advice of an attorney, as I previously suggested.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment

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