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I had a phone screen with a small franchise company during which the owner among many other things said that I will start around 12 but have a pay bump up to 14/hr after 30 days as long as I didn't have any negative customer reviews. Fast forward about 45 days into my job and finally receiving my pay stubs that I had to ask multiple times for, I noticed my pay was not at 14 or 12.50 but 12. I ask my manager and she said 12 was what was agreed on, "that it was hard to get you 12"(i negotiated from 12 up to 12.50 through her), that I had some negative customer reviews, "the owners will have to go over my calls as they will need excellence from you, as you are the highest paid right now. They may even want to sit in on a class". The owners want this, that, and for you to "outshine and out preform." NONE of this was ever mentioned to me, until i asked about my paybump.

I told my manager I was under the impression the pay bump was automatic at 30days barring any applicable negative customer reviews and that it is the reason I accepted the job. The reviews were left around the time another co-worker did a few no show/no calls, then quit. I was the one to take over her classes and these were the very first classes I taught by myself, so yes it seemed I was a little unprepared. My manager even told me she doesn't like to show people negative reviews because it brings their moral down.

Manager said she would check with the owners about everything and now they are working on a pay raise checklist and timeline for all employees as well as a new hire pay agreement. I have not received the pay bump up to 14 but they said they will put me to 12.50 and get me back pay on my next check.

My question is what legal action can I take here? And since I was hired before the pay raise checklist is even drafted, does it apply to me? Do I have to sign it or is there some way I can get that pay bump with signing it?

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    Do you have a written contract? Did you get one before you started? – Mawg says reinstate Monica Nov 21 '18 at 7:52
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    There is no written contract it is all verbal. – Dee Nov 21 '18 at 10:59
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    Sometimes we learn our lessons the hard way :-( – Mawg says reinstate Monica Nov 21 '18 at 11:25
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If you have it written into your contract that you should be receiving 12.50/hr then it should be fairly straightforward to enforce that- you could start simply by showing your contract to your manager and indicating where it shows your renumeration amount.

If this is not in your contract however and was a promise made to you at interview time then there's not a lot that you can do about it at this stage. Your manager can continue to say "I don't remember promising that" or "I only said 'maybe'".

When negotiating terms that are not in your employment contract it's very important to get your contract amended with these changes. Do not take anyone's word for it (especially if they're the kind of person that gives you their word).

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  • There is no written contract and I will be receiving the 12.50 starting next pay check. But I have not received the pay bump up to 14 after 30 days like I the owner told me during my phone screening. That auto paybump is the main reason I took the job. My manager told me last night that she and the owners are putting together a contract and a pay bump check list for all new hires from here on out. – Dee Nov 21 '18 at 11:09

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