Can I sue my employer and still keep my job?

SaltBoy

Diamond Member
Aug 13, 2001
8,975
11
81
Okay, hear me out before judging :)

Two and a half years ago, the company that I was working for was bought by another, larger company. Everything's fine so far.

About four months after the company purchase, during my annual performance review, my manager shows me the salary range that our new company pays employees for the position that I am in. The numbers are shocking - it is between 30% and 85%(!) higher than what I was currently being paid at the time.

Now, considering the transition that we were all going through, we were told at the time the salary ranges were revealed that, over a period of a few years, our salary would be brought within the ranges that were just shown to us. Fair enough, and yippee.

Fast forward a year later - the same ranges are shown to us during our performance reviews but there has been no movement on the part of whoever is responsible to bring me and my fellow employees within the range. I get a 2% raise due to just a "middle tier" job performance review. Nevertheless, I'm pissed at the lack of salary increase and promise my manager that I'm going to step it up.

Fast forward *again* another year, to about 2 months ago, when I had my last performance review. My job performance has significantly increased and I am placed within the top 20% tier of everybody within the company. But, unfortunately(?!), I am given only a 7.5% salary raise. In other words, well after two years of learning what the company *has said what they should be paying me*, I am still at least 10% below the *low-end* of the range that I am supposed to be paid for my position. If I were conservative and would place myself within the middle of the range - one could argue that I should be in the upper range due to high performance - I'm still being paid about 35% below what I should be paid.

Now, here's what really irks me - I ask my manager at this time, "well, what are new employees that are in my position paid when they join the company?" His answer: "they're paid within the range". I'm not blaming my manager at all, in fact, he's very supportive and understanding. It's somebody probably about 3-4 levels above him that I have a beef with.

So, honestly, I'm considering bringing a lawsuit against my employer. I absolutely love what I do for my work and I do a pretty darn good job of it. I love the people I work with, and I love my commute time. In other words, I *don't* want to quit or lose my job because the work itself is great.

But at the same time, I (and a bunch of others) know that I'm getting the shaft when it comes to getting paid. I'm not the only one in this situation, I believe, so there's something that has to be done here.

So, my question - can I sue my employer for lost wages and force them to bump my salary up to what they (the employer) themselves have said what I should be paid? I mean, I *shouldn't* have to perform well to get into this range. If I perform poorly, then fine, take me below the range. Also, I shouldn't have to quit my job and be rehired to get in range. The company, by principle, should stick to it's guns. I'm just mad about this.

What to do?

Cliffs:
I haven't been paid what the company I work for has said in the last two years what I should be paid.
I wanna sue
 

theevilsharpie

Platinum Member
Nov 2, 2009
2,322
14
81
Unless you have something from the company in writing claiming that they would increase your pay to match the salary range, I don't see you having much of a case.
 

Lifted

Diamond Member
Nov 30, 2004
5,748
2
0
You think you're the first person who was shown a carrot on the end of a stick?

Ask for the raise, expect not to get it.

Demand the raise, "or else"... just make sure you have another job lined up.

Good thing is now you know you are being underpaid so you can go out and get a better job paying 50% more than you're making now. :p
 

JS80

Lifer
Oct 24, 2005
26,271
7
81
No lawyer would take your case and your shit would never make it anywhere. What employment laws are being broken? You just sound like an entitled brat.
 

CPA

Elite Member
Nov 19, 2001
30,322
4
0
What exactly are you suing for?

Just because they have a salary range and you're not paid in it, doesn't mean anything to the law. Bringing in new employees within that range means nothing within the law. Those ranges are guidelines, not contractual obligations.

Honestly, you either need to just accept it or quit.
 

Pr0d1gy

Diamond Member
Jan 30, 2005
7,774
0
76
Even if you did they would find a way to get rid of you eventually. Honestly, you are not alone in this, it's happening to a lot of people. My father hasn't had a raise in at least 3 or 4 years and is one of the top people in his company. Companies are using "this economy" as an excuse to squeeze payroll.
 

SaltBoy

Diamond Member
Aug 13, 2001
8,975
11
81
Good gravy. Show one sign of entitlement, which nobody else has *ever* done before and everybody hounds you. I get it - I'll be happy where I am.

Thanks.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
bwhahahhah

"i wanna sue. i'm not making as much as new people"


oh sorry .yeah you can sue. will you keep your job? under such a stupid lawsuit? doubt it. but hey go for it i want to read the updates.
 
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nonameo

Diamond Member
Mar 13, 2006
5,902
2
76
Get another offer from another company and get them to match it, or come close.
 

Pr0d1gy

Diamond Member
Jan 30, 2005
7,774
0
76
Good gravy. Show one sign of entitlement, which nobody else has *ever* done before and everybody hounds you. I get it - I'll be happy where I am.

Thanks.

It's not about that. It's about the fact that almost everyone is getting screwed now so if you like your job you should just stick with it and not cause a problem.
 

boomhower

Diamond Member
Sep 13, 2007
7,228
19
81
Happens all the time. I'm making within ten percent of guys who have been here close to ten years, and I am making the bear minimum for the position.(yay for two year pay freezes) Quit and reapply.
 

SarcasticDwarf

Diamond Member
Jun 8, 2001
9,574
2
76
Time to change jobs OP. It is the only way to get more money in this situation.

Yup. Suing will not get you anything.


FWIW, I transfered jobs within my company. I want from a technician-level position to a management position (seven figure budget) in one go. My pay is still the same.
 

Bignate603

Lifer
Sep 5, 2000
13,897
1
0
Unless they gave you a promise in writing you've got no case. As others have said they might not bother to give you that raise until they realize that you could leave.
 
Apr 27, 2012
10,086
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There is no law broken especially since it wasn't in writing. Even if you were to sue and get rewarded which is highly unlikely your employer would find a way to fire you later on for something else
 

Dr. Zaus

Lifer
Oct 16, 2008
11,764
347
126
Unless they gave you a promise in writing you've got no case. As others have said they might not bother to give you that raise until they realize that you could leave.
At which point you will have created bad-blood.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
At which point you will have created bad-blood.

depends on how you do it. IF you go in and say "IF i don't get a raise im quitting" i think most places would say "sorry to see you go. we will clean out your desk and send you the personal items" and gets on the phone to call security.

IF you go in and say "hey boss i enjoy working here but with the economy and everything getting more expensive i have to take a diffrent job. i would love to continue to work here but just can't afford it"
 

Bignate603

Lifer
Sep 5, 2000
13,897
1
0
At which point you will have created bad-blood.

Not really, I told my boss during a performance review that with what they were doing for compensation I couldn't see myself staying in the long term. They jumped through some major hoops because they were in a raise freeze at the time but they got me a 12% raise. I stayed for 3 years after that, got an above average raise every year after that, and they made a huge counter offer to try and keep me when I decided to leave to move closer to family. My relationship wasn't hurt at all by telling my boss I was unhappy.
 

jagec

Lifer
Apr 30, 2004
24,442
6
81
I can't believe you guys spilled the beans! Idiots like the OP, who sue over petty things, should be encouraged to shoot themselves in the foot. I was looking forward to a "I sued my employer and lost, got fired, and now can't find another job, what do I do?" thread.