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Promised Raise Falls Through Despite Top Performance

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Q: I worked in management at a McDonald's fast food chain and went through a top-notch training program. I then took a management position at Burger King, and the hiring manager promised I would receive a raise if I did well after the 6-month probation period. I used all I had learned at McDonald's, and my boss quickly saw how good I was. I managed and trained all our new people, but when the 6-month review arrived, my boss said he wanted another six months before giving me a raise. I was angry and told him that was not right. If he wanted me to keep doing management-level work, I should receive a management-level salary. That is the reason I work. I don't like being used. What are my rights?

A: You should compare your legal rights with the practical issues before you get angry or do anything rash. It's not likely that a reasonable manager would "promise" a raise in an interview. People can have very different interpretations of the same conversation, depending on a person's communication skills and style. Since you didn't receive a letter or employment agreement confirming a raise after six months, the manager did not intend his words to be a promise.

According to Cynthia N. Sass, sole shareholder of the Law Offices of Cynthia N. Sass, P.A., a Florida law firm representing employees in employment matters, most states are "employment-at-will," although different states may have variances in their at-will labor and employment laws. "At-will employment" means that absent a written employment agreement between the employee and the employer, an employee can be fired for any or for no reason, as long as it is not discriminatory in nature. For example, Texas is very similar to Florida, in that at-will employment is presumed, unless there is an enforceable agreement, verbal or written, and must have definite terms.

If you can show definite terms to an agreement and other elements of a binding contract regarding employment, a person may be able to pursue a breach of contract.

California law, however, suggests that at-will employment can be overcome by express or implied conduct, and in some circumstances, oral assurances can alter the at-will status and impose an implied employment contract. Courts consider multiple factors, such as the employer's policies, the employee's length of service, conduct indicating assurances of continued employment and more.

Now look at the practical side. The greater your job responsibilities, the more valuable you become as an employee no matter where you work, and the more impressive your resume will be when looking for a job. You may feel used or lied to, but you are being given a chance to expand your management experience, to be trusted and relied on and to be of greater value in your job.

Entry-level employees and adults switching careers now accept internships, often unpaid, just to gain experience to make them more valuable employees. You may be working for the money, but don't be penny-wise and dollar foolish. You are becoming a more worthwhile investment to the company the more you do.

The most important thing to understand is that a lawsuit against a company follows the person who files it. If you are not fighting for moral or ethical principles that could ultimately affect many employees, and you have not suffered great losses, look at all that you have to gain during this extended review period. Stop feeling used or offended that you have been asked to continue to prove yourself to your manager. Set a future date to discuss your performance in another three or six months. If you do not receive a raise at that time, quietly look for another job and stay positive to earn a good recommendation. Anger will get you nowhere.

Email all your questions to workplace expert Lindsey Novak at LindseyNovak@yahoo.com. She answers all emails. To find out more about Lindsey Novak and to read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Website at www.creators.com. COPYRIGHT 2013 CREATORS.COM



Comments

4 Comments | Post Comment
Fast food resturants are famous for getting away with treating employees badly. It sounds like you were hired as a manager so you should have been getting at least an entry level manager pay at the time. The same thing could happen to you in three or six months unless you get his intent in writing, and I seriously doubt that is going to happen.
Comment: #1
Posted by: commentator
Thu May 9, 2013 8:01 AM
My advice is to DOCUMENT the managerial things you do, and then bring that documentation to your next review period in another six months. Yes, you'll have to stick it out a while longer, but it will be worth it. Cross-reference your documented accomplishments and the things you do with other fast food manager job descriptions you find online, as well as salary data typical for a fast food manager's position, and you'll have overwhelming evidence to show the boss as to why you deserve a manager's title and raise. If the boss tells you no again, then the next thing to do is to ask, POLITELY during the review, what else you would need to do and/or what other responsibilities you would need to take in order to earn the raise that he MENTIONED (with a clarification that you understand he did not promise it) in the initial interview. His answer will tell you whether it really is worth staying employed there or not.
Comment: #2
Posted by: Paul W
Thu May 9, 2013 1:12 PM
LW1--Honey, re-read your letter. You're talking about McDonald's and Burger King. Need I say more? While I appreciate your drive and enthusiasm, I think you're seriously barking up the wrong tree. If you really want to succeed in a career and garner a management level salary then I recommend you look into getting your business degree from a good community college and then bidding the fast food industry adieu.
Comment: #3
Posted by: Chris
Fri May 10, 2013 2:56 PM
Chris, the large franchisers do offer excellent management programs; those who own lucrative franchises in the fast food business often got their start by working behind the counter.

LW, it's not clear whether you were hired as management. If so, your pay should have been that of at least entry-level management, as commentator says. If not, and if the offer of a raise after 6 months was only spoken, you should not have accepted the offer.

That's water under the bridge, however; giving in to your anger is only going to burn you in the end. Stop thinking about your "rights," chalk this up to a lesson learned, continue to keep a positive attitude at work and continue learning. AND investigate other opportunities now and as they become available, quietly.

Resist any temptation to make a grand quitting scene when you exit; although this hiring manager has not kept his end of the bargain you thought you had with him, you may well need his reference some day, and there's no point in burning bridges when you don't need to.
Comment: #4
Posted by: hedgehog
Sun May 12, 2013 9:38 AM
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