labor-law
Employer not paying the raise I agreed to when I accepted new position
<p>I’m wondering if I have legal recourse here. I live and work in Cleveland OH. </p>

<p>About 4 months ago I was offered a change in job role , considered a lateral move but was offered a raise to do so. I was offered $17.50 an hour (from 16.83) and agreed to it. Shane in me for not getting this in writing though . I trusted them. </p>

<p>Shortly before my official start date , I emailed my Dept manager , supervisor , and previous supervisor to confirm my new hourly rate is effective my first day.  I was told yes , via email , but my old boss suddenly said we agreed to $17 an hour .</p>

<p>On top of this I am owed a payout in unused PTO  from 2018 which they are dragging their feet on also. </p>

<p>Well it’s been almost three months now and they still have not updated my hourly rate or paid the PTO.  Initially my department manager told me they’re working on it, needs to process paperwork , go through our CEO and talk to him.  Now she has gone radio silent and is ignoring my emails . </p>

<p>I sent HR an email and copied her last Friday, no reply from anyone. </p>

<p>What are the legal rights of a person in such circumstances? Is there an individual right to sue? Is there an administrative process that must be followed?</p>

<p><a href="https://www.lawyers.com/legal-info/labor-employment-law/wage-and-hour-law/employees-wages-and-hours-faq.html#7" rel="nofollow noreferrer">This FAQ from Lawyers.com</a> says:</p>

<blockquote>
  <p>Q: I was promised a raise three months ago, but I haven't gotten it yet. What should I do?</p>
  
  <blockquote>
    <p>A: Remind your manager of the promise and ask when you can expect your raise. In general, employees have no legal entitlement to raises. For example, your employer need not give annual raises based on the cost of living. This most likely means your employer isn't obligated to make good on its promise.</p>
    
    <p>If you relied on your manager's promise to your detriment, you might have a legally enforceable contract for a raise. For example, let's say you received a job offer at another company for a higher salary. In response, your manager promised to raise your salary to that same amount if you agreed to stay. You turned down the other job offer but never received the raise. In a situation like this, most states would allow you to enforce your manager's promise in court.</p>
  </blockquote>
  
  <p>Q: If I sue for unpaid wages under the FLSA, what might I get?</p>
  
  <blockquote>
    <p>A: Damages available under the FLSA include back pay (the wages you should have been paid), attorneys’ fees and court costs, and "liquidated damages" in an amount equal to your entire back pay award. (For more information, see Liquidated Damages and Punitive Damages Under the FLSA.) You can ask for wages going back two years before you file your lawsuit, or three years if your employer willfully violated the law.</p>
  </blockquote>
</blockquote>

<p>The above is primarily about rights under the US Federal Fair labor Standards act (FLSA). There seem no relevant specific Ohio laws, beyond the law requiring payment of the legal minimum wage and overtime, which does not seem at issue here.</p>

<p>There might be a claim that the promised wage constitutes a contract, or an equitable claim for reasonable reliance on the promise. Either will depend on the specifics of the situation, and on the case law in Ohio, which i am not equipped to search at the needed specificity. </p>

<p>Since no claim of failure to pay minimum wage is being made, and no claim of discrimination against a member of a protected class, and no whistle-blower claim, there does not seem to be a state-level administrative agency which would look into such a claim. It would be a matter for an individual suit.</p>

<p>A lawyer will probably be required to proceed with such a suit with any chance of success. </p>
