QUESTION
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Asked on Mar 30th, 2012 on Labor and Employment - Kansas
More details to this question:
I have been employed full time since January of 2007 for a major home improvement company, ( their home office is in North Carolina) doing the same thing every working night since I started there. Recently, I found out from the new H.R. representative at our local store ( located in Kansas), that though my employment records do indicate I started in January of 2007, that somehow my status to full time began in April of that year. Prior to this year, all of my previous annual reviews had been conducted in January. The HR rep said she will try to find out why this occured and get back to me. Personaly, I do not trust her efforts.
My question is this. Since this affects my annual raises, and that by this delay, costs a signifigant amount of income, do I have a case against the company, if they do not correct the error and pay the back pay from January?
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
There is not sufficient information to provide a definitive response. There could be legitimate reasons why your employment status is not considered to be "full time" until 60 days after you started. Many companies have what are commonly referred to as "probationary periods" lasting from 30 to 90 days during which the company reserves the right to fire employees for no reason at all. Some union contracts provide that a union doesn't have to represent the employee until the employee has worked for the employer for at least 30 days. Also, there is no legal requirement that a company pay you any more money for performing the same job after you have performed it for a certain period unless you are not being paid the minimum wage, or unless the company has a contractual obligation to raise your pay. Nothing in your note indicates that this is the case.
Michael A. Caldwell
404-979-3150
Answered on Apr 04th, 2012 at 3:39 PM