Employment Law/Back Pay



I worked for my previous company for 14 years. They were 6 months late giving me my yearly evaluation, after several reminders. I finally got eval. and told i would receive a 2 percent raise. When I signed the worksheet to go to home office to get my raise started on next check I found I only got a .15 cent raise.

This was not the .45 cents it should have been. Now they tell me they will only go back 2 weeks retro! BS! How is this fair to me? Not my fault no one could get it together and do it! And its not the amount stated on eval form / worksheet. Do I have the right to that back pay? They are sure ignoring me when I've told them twice now I want it! Administrator told me she will see to it. however, the administrator DID NOT correct the pay raise.

Again to be clear....
I DID NOT get the raise my paper evaluation said I would get NOR did I get the entire 6 months back pay. I did get 2 weeks worth of the back pay but that is all. I feel I deserve the entire 6 month back pay as it was NOT my fault they were 6 months LATE doing the evaluation. THEN, when I got the raise it was much less than the 2% that the paper evaluation said.

SO, my question is do I have the right to those other 5 months and 2 weeks retro pay or not? This company SAYS they will only go back 2 weeks. how is this fair when it was not my fault it took 6 months to do my evaluation tho reminded several times AND did not get the 2% I was told I would get originally. So, to be clear I only got 2 weeks retro pay, AND my raise was much less than represented in the original eval signed.

Am I entitled to that back pay?


First of all, evaluations are not required and raises are not covered by any employment laws.

The Fair Labor Standards Act only requires that you are paid at least minimum wage and that you are paid overtime for hours over 40 if you are non exempt.

If you are exempt than you must be paid the minimum amount the exemption states and exempt employees are not eligible for overtime.

Evaluations are internal company controls which are used to evaluate an employee's effectiveness and productivity. They are often used to calculate raises. The percentage on an evaluation is what is recommended for the outcome of the evaluation. This is not always a guaranteed amount you will receive.

If the evaluation is late you do not get back pay for a raise not yet given or given in the future. The raise starts when you are told that you are getting a raise. Unless the company retros the raise back as they did your two weeks it starts from the time you are told about the raise.

Federal and state laws again do not regulate evaluations or raises these are company policy and are regulated by your company not by any employment laws.

Getting a raise is a reward for a good job done well. If you get a raise you should be happy that you have received a raise. If you complain or whine about a late review they may take the raise back and you will have no raise. The company is under no obligation to give a raise ever. This is at the discretion of the company.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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