Can a lawsuit for "Breach of contract" go forward

Question

if an employer fails to honor a policy outlined in the employee handbook? I have failed to receive my annual employee review as stated in the handbook..as a result "no raise" this is a common problem with this employer.

Answer 1

I don't think that policies in employee handbooks are contracts either.  I don't think you could win a suit.

Answer 2

No, because employee handbooks are not contracts.

Answer 3

The handbook is a guide.  It is not a contract as it can be changed or thrown away at any time at the employer's discretion.

If everyone else receives a review once a year and you don't, you may be able to state a claim but it wouldn't be worth it.  A review is not a guarantee of a raise.  If you push the review issue, the employer may review you poorly.  Perhaps they are not doing formal reviews because they are unable to offer raises and are waiting for a change in the economy.

Answer 4

Good luck with that one, they are also subject to change if you read them in the fine lines!

Answer 5

even thought a raise is not mandatory its up to the judge to decide, if you were unionize then they have to follow the contact other than that... i doubt it but then again is up to a judge to decide if a lawsuit can go forward..

Answer 6

A unilateral policy is not necessarily a contract.  If, however, you were encouraged to rely on it in some way, and did rely on it, it can create a contract.  The problem is that most employment is at will, meaning a new contract every day.  They are free to change the offer every day and every day you have to decide to accept it or not.