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Q&A: New Position, No Raise

Hi there,

I just read the Q&A session on promotion or demotion and find myself in a similar spot at work.

About 4 months ago I found myself being offered a promotion at work with significant responsibility increase without an increase in my salary. I was however offered an insignificant possible bonus based on the stores performance but only after one year in this new position. My options were to accept this new job without increase in pay or take a demotion with a reduction in pay. I would go from a salaried employee to a full-time hourly paid employee.

The end result was that I accepted the new position in hopes of getting a raise - after 4 years with the company and almost 4 months in this new position I have not yet received a raise. Another concern of mine was that they put me in a two month probationary period to evaluate me in this new role.

Is this legal?

Any info would help.

- Confused
___________________________________

Hi Confused,

There is no right to either a promotion or a salary increase. The fact that you were offered a position that was not a demotion generally meets the employer's obligations at law. However, they cannot put you on probation in the new job and, subject to all of the circumstances, that MIGHT have permitted you to reject it and claim constructive dismissal.

- Howard Levitt

For more information or to arrange a telephone consultation or a visit to our offices in Toronto, Ottawa or Vancouver, please visit www.canadaemploymentlaw.com.