Employer Double Talking

Hello all,

My sister works for a corporation with several offices all over the USA. She was verbally offered a new position, and told her pay rate would be raised to $12/hr, which would be a very nice sized raise for her.

She took the position at the first of this year, and to date has recieved NO pay raise. She has spent a lot of time on the phone with their "human resources" dept, which is located elsewhere. They have told her that her superior was not authorized to make the $12/hr offer, the best they can do is $10.50. That was supposed to be reflected in her next paycheck (this week) as well as backpay. No such luck.

I have told her that the verbal offer from her superior (agent of the corporation) is binding upon the corporation, and that they must pay her what they first offered, plus backpay and interest.

However, they have indicated that if she does anything, they will fire her. I am not sure how she heard this, as I know she has not made any threats of legal action yet.

I told her she could win in court to get the amount first offered, and that if they fired her, they would be liable for a lot more money. They are making it fairly clear that she will have to take them to court to get them to honor their offer.

The problem is, she needs the job. Does anybody have a recommended course of action? These corporate bastards are pissing me off.

T

Just thinking some more, and I think the main elements needed in court would be:

1. Offer was made by superior
2. Superior was an agent of the corporation
3. Offer was accepted by sister
4. Sister fullfilled her end of the contract
5. Corporation has dishonored there obligation

Anything I am missing? Would really love to see some feedback from Jersee, James, Ice... anyone who can help!

[Jerseee]

Tony,

I regret to hear such disturbing news but, I know exactly what your sister is going through with corporate lies!!!

The first thing is evidence. Does she have something in writing stating all of this?

If not, I regret to say this but, they (the company) can just say something like, "we reassigned her to another division and no such offer was made. Furthermore, her performance lately has caused our company to examine her continued employment which prompted the move. So your honor, why would we offer an employee a raise that we are considering to terminate?"

This is just and example of what could happen. So if she has something in writing from them stating the offer that is great but, if her last supervisor has no backbone and has backstabbed her by filling out a transfer document instead of an appraisal package or something...it would appear that she may be stuck unless you can think of something that would support her case. The best thing to have is something in writing from them--otherwise I fear it will be a he said, she said case. And you know who wins those.

This is an example of what I have experienced in my life--so I thought I would share since it sounds similiar to what happened to me.

good luck

Jersee,


I do not put such backstabbing past them in light of their previous behaviour.

However, she does have this going for her:
http://antjenn.com/sovereign/sis_raise.pdf

This form clearly shows that they promoted her, as well as offered the 30% pay raise.

Also, I believe there is at least one sympathetic co-worker who could testify as to the offer.

Your feedback is appreciated!
Tony

[Jerseee]

Tony,

That is great!!! This is what I would do and I hope to inspire you to think of something along these lines....

First of all get a notary invloved in this situation. I mean as far as signing any future documents pertaining to this issue. Next, I would set a deadline for a response to the issue. then I would calculate the backpay up to a certain date in the future. What I mean is, I would not even discuss this situation with them any longer until I have my ducks in a row. I would just keep working as if I have resigned my fate to a raiseless position and do my job well. I would not even discuss this matter to other employees or supervision. Never make mention of my plans. Never let your right hand know what your left hand is doing. I would decide when to address this in the future and have the correct amount of backpay available for them to see. When I calculate the backpay, I would employ the services of a CPA to do this and have them certify it!!! this is the way I operate now. I let everyone in the public know my intentions and nothing is a surprise (well almost nothing). This is the sovereign at work.

After some diligent study of contract law and study on the document that you have--I would make the connection as to what kind of contract that document is. Then I would gather all the pay stubs from the company (their testimony basically) as evidence of non-payment of the contract. then I would start noticing them through a notary and the mail. I would never discuss this matter face to face any longer since there is a possibilty of hearsay that could damage my efforts.

Are you starting to see where I am going with this Tony? I'm keeping my hands clean, gathering my evidence and attempting to get non-judicial satisfaction before going to court. this way the evidence of thier dishonor is so overwhelming, plus you have exhausted all of your means to remedy before going to court. Thus, giving the judge no other alternative except to rule in your favor. There is no argument or controversy! prepare well.

I hope your are brainstorming right about now. And I am certain that my counterparts here in the forum will jump on this wagon of truth to help you think of way to get satisfaction through contract law and non-judicial means (if possible).

This is not legal advice and should not be taken as such. Good luck.