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  1. #1
    Join Date
    Jul 2009

    Default Employer Promised Salary and Insurance But Has Not Followed Through

    Hello, I am employed in a fast food industry. My current boss I followed from another company to the current. When we went to the current company we had three weeks of training while awaiting the new store opening. During these three weeks I was verbally as well as in text messages; told on multiple occasions that I would be salary and have option for health insurance with that position. I was very excited as this is about a 7k increase per year which I needed much less the health insurance would have cost me 2-300 a month vrs the 5-600 a month I will have to pay if I get it now.
    The new store has been open for three months now and I am still hourly.. when it opened the district manager brought in two salaried managers and I was told basically I was SOL because he filled the positions even though the general manager had made these promises.
    I was asked to just wait it out and I would get there but I am extremely fed up.. especially after looking up how much health insurance will cost me when not through the company. It is not offered to hourly employees.
    I told the general manager I was planning on turning in my notice and why and have not gotten a response.
    What legal actions can I take at this point? I have been under the assumption I would be getting paid more for the last 5 months. Can I quit and file unemployment compensation + health insurance costs? Or sue for unfulfilled verbal/digital contract? It is totally within the general managers ability's to say who is salaried at his store.
    thanks so much!

  2. #2
    Join Date
    Dec 2007

    Default Re: Employer Promised Salary and Insurance But Has Not Followed Through

    What are you doing in this job? You may not be eligible for exempt status, although "salaried" doesn't necessarily equate to exempt.

    Does the group insurance plan say "exempt" and "nonexempt" or "salaried" and "hourly"?

    Verbal "contracts" are very hard to prevail on. You should, however, see an attorney versed in employment and contract law.

    I would not be optimistic in your getting UI if you quit. Failure for the company to follow through on verbal promises is not normally a qualifying reason.

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