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Linnette1973 · May 26, 2010, 06:18 AM

I've been with my employer for 6 1/2 years. I've been promoted several times as a result of my hard work and dedication. In 2008 I was offered another promotion that I accepted that came along with a $4000 pay increase. Due to the changes in the company at that time I was asked if I could wait until January 2009. Well time has gone on neither of us have mentioned it and I've even received a small bonus earlier this year.

However, now that I'm buying a new home and wiping out my entire savings in the process I"m needing to increase my income. So I decided if they are not wanting to give me the increase then I asked for them to advance me 2 weeks pay that I can pay back in weekly deductions of 10% of my salary. My bosses initial response was " Is this an emergency as in needed before he returns from vacation which is today"

Do you think its appropriate that I asked? Does his response seem promising that they may give me the advance?

I'm really nervous cause I could really use this lump sum money seeing I'll be flat broke and living paycheck to paycheck once I close the deal on my new home June 1st.

I'll probably just get a 2nd job to help rebuild my savings.

excon · May 26, 2010, 07:04 AM

Originally Posted by Linnette1973

My bosses initial response was " Is this an emergency as in needed before he returns from vacation which is today"

Do you think its appropriate that I asked? Does his response seem promising that they may give me the advance?

Hello L:

You called him while he was on vacation to ask for a loan?? Really?? I think it's fine that you asked. But, I think it's absolutely inappropriate to have called him while he was on vacation. If you get the loan, count yourself lucky. Actually, if you keep your job, count yourself lucky.

excon

Linnette1973 · May 26, 2010, 07:18 AM

Let me clarify... I did not call him while on vacation. I sent an email in writing right after work on Thursday of last week. He responded on Friday morning. His vacation was on Monday and Tuesday of this week. Again, I've been with this company for 6 1/2 yrs with a great reputation certainly I wouldn't bother anyone while on vacation!

Linnette1973 · May 26, 2010, 07:25 AM

@ excon.. Actually, I work for a great company and am certainly not worried about my job because of this request. Legally, they owe me money which I signed a contract agreement and it can be legally enforced if they don't give me the pay increase.

At this point I don't care about the increase really because I'm growing with the company and because of my tenure I have several perks and flexibilities.

excon · May 26, 2010, 07:37 AM

Originally Posted by Linnette1973

Let me clarify... I did not call him while on vacation. Legally, they owe me money which I signed a contract agreement and it can be legally enforced if they don't give me the pay increase.

Hello again, L:

Glad to hear that...

I was wondering if the "promise" was memorialized in a contract... But, I don't think they owe you anything... Yes, if you had enforced your contract, they would have paid you more. But, you didn't. Now, I don't know if it was written in such a way so that you can take advantage of it anytime you desire, but I'll bet it wasn't. So, I don't think your contract is enforceable now.

So, your thinking that you have sway over their decision to loan you money, because you think they OWE you money, just might backfire.

excon

Linnette1973 · May 26, 2010, 07:51 AM

I don't think I have sway or anything like that. Please don't make that assumption. Any contract is enforceable if either party do not adhere to the signed obligation. And yes it was a promise to pay with a date.

In the past they followed through on their signed agreements. Since they've partnered with an equity firm they haven't been honoring their contracts. But the employees stay because we've been treated well throughout our tenure.

Anyway, I'll be meeting with him in 30 minutes so lets see what happens...

excon · May 26, 2010, 07:59 AM

Originally Posted by Linnette1973

I don't think I have sway or anything like that. Please don't make that assumption. Any contract is enforceable if either party do not adhere to the signed obligation. And yes it was a promise to pay with a date.

Hello again, L:

I only suggested you thought you had sway, because you mentioned that your contract can be legally enforced... I sounded to ME like you think you had sway... In fact, it STILL sounds like you think so, because you're telling me that your contract IS still enforceable, even after I told you that I don't think is.

If you have a legal dictionary laying around, look up "estoppel", and THEN tell me you think your contract can be enforced...

In any case, I hope he gives you the loan. But, if it would have been me, I would have held their feet to the fire... Certainly, they expect YOU to obey your agreements with them, don't they??

But, that's just me.

excon

Fr_Chuck · May 26, 2010, 08:15 AM

I personally would look and push for my correct pay,

Linnette1973 · May 26, 2010, 01:18 PM

Well turns out their going to give me the pay increase they promised but instead of the 2 week advance since I have like 6 weeks of vacation time they will pay me for 2 weeks and I only take 4 weeks vacation time this year. Which I agreed.

Turned out well!

dontknownuthin · Jun 9, 2010, 08:14 PM

Glad it worked out for you. While I think it's really important to be careful not to loose your job, I think it's certainly OK to ask about the status of promised funds. In this economy I'd have been prepared to negotiate or even forfeit the raise if I had to, but I'd ask for something like more vacation in trade. I think the arrangement you made is the best possible outcome.