Can an employer deny a raise because you were sick?

In 2003 I was ill and had major surgery. I was out on medical leave for approximately 8 weeks after being ill for over a year and a half and being hospitalized. When it came time to review my performance, my boss said my work performance was sub-par and denied my raise. Is this legal? Also, is there a statute of limitations - I would really like to file a claim against my employer for lost wages. And yes, after all this time it still bugs me!

redgator40

yes they can

Grant Ray came on 12/8/08!

Yes, they can do what ever they want when it comes to their money! If they said you were sub par, then there is nothing you can do about it...and if you did file a claim, all they would have to do is come up with other reasons for not giving you the raise. It doesn't have to be just because you were sick.

Judy

You don't say what country you live and work in, or whether you are covered by some sort of written contract that guarantees you a raise.

If you're in the US at least, raises are not required unless you have a contract that says otherwise. Laws in some other countries might be different.

ken erestu

The statue of limitations on a claim of this nature is one year.
If your employer "at that time" said anything related to your medical condition as a reason for denying you a raise, you whould have had a claim. However, it would have to been in writing and identified your medical condition as the reason.

While it is illegal for you to be denied a raise because of a medical condition, it is legal for your boss to cite your sub-par work performance as a reason to deny you a raise.

Hope your health is better.

Good luck.

Andy K

Unless you have a contract...you have nothing to stand on. Start looking for a new job..you are all ready a target to get laid off...rest assured he is all ready prepping to terminate you as soon as he can. Been there, done that....got unemployed.

sarge927

Nope. For starters, statute of limitations on any civil claim is two years from the date of the incident giving rise to the claim, and we're well past that now. Secondly, even if you could file, you would have the burden of proving that you were somehow discriminated against by your employer, and you can bet that your boss would cover his/her butt and present some type of evidence (real or made-up) that you were a marginal worker during that period. Don't bother. It would be a big waste of time and money.

lol200hp

Consult a lawer, but chances are what he did was legal.

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