What are my rights regarding pay and a promotion that I never received?
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What are my rights regarding pay and a promotion that I never received?
I just quit working for a retail company. They permitted a lot of unfair practices. I was told upon hire that I would be making $14 an hour and signed a bunch of documents stating so. Then, I found out I had only been being paid $13.00 an hour, without explanation as to where the other dollar went. I also was told by my manager that I was being promoted to a manager position and began training with promise of a raise and more work hours but then they hired another person for the job without notice, and denied that they had offered me the promotion. Obviously these practices arent fair, which is why I quit a few weeks ago. However, I was curious as to if I had a legal claim against the store for any of the things they put me through.
Asked on October 13, 2018 under Employment Labor Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, you do not have a legal claim unless you had an actual written contract for a set or defined period of time (e.g. a one-year contract) guarantying you those things. Only a written contract for a defined period of time gives you protectable rights. Otherwise, you are an employee at will, and the employer has 100% control over the terms, conditions, definition, and compensation for your job. Without such a contract, the employer may set or change your pay at will, decides whether and when to promote you, and may go back on promises it made.
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