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Legality of non payment for associate role (law)
Hello
I wonder if anybody can assist.
Can a law firm promote people to associate level which required significant work to apply and significant increased workload thereafter with no payrise?
A payrise was inferred in emailed correspondence then that decision was deferred.
Thanks
Comments
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As a lawyer, you should have at least some understanding of contract law.
Yes, you will be bound by the terms of the contract, which states that no pay rise has been given. As long as the pay is above minimum wage and what has been contractually agreed (which as no pay rise/cut has been agreed means the old terms will usually roll over to the new job).
For clarity, I'm not a lawyer
💙💛 💔2 -
yes, you can be promoted or given more senior work without getting a pay increase. your senior job title will lead to higher pay in the long run if it is not immediate. given the current economic climate, it is not surprising that pay increase decision has been deferred.
take the promotion with a positive attitude as you are more senior and will get more respect in the office and by clients. if you were to move job, you will also be able to demand a higher salary as you would be able to apply for a more senior role.
from my experience at work, the pay grade does not follow seniority in a linear line. i have been paid as much, if not more, than more senior staff.0 -
You may have drawn that inference, but unless there was a clear offer, your legal knowledge should tell you that what your employer is doing is entirely lawful.Sausagejen said:Hello
I wonder if anybody can assist.
Can a law firm promote people to associate level which required significant work to apply and significant increased workload thereafter with no payrise?
A payrise was inferred in emailed correspondence then that decision was deferred.
Thanks
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I'm shocked and horrified that somebody who is presumably a qualified solicitor doesn't know the difference between "inferred" and "implied". Unless they possibly meant to type "inferred from" rather than "inferred in" - and even then it's not a very good construction.I'm well aware that the precise and accurate use of the English language is important to virtually no-one these days, but surely solicitors should still make some sort of effort?
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Yes. Unless there is a contractual agreement that a different role or a new qualification will automatically include a pay rise, there is no requirement to increase pay and it is not uncommon for a title change and any pay rise to come at different times.
Unless you are working in-house, most lawyers will have pay closely linked to their billing and billing target - if that is true for you, then consider when your firm sets billing targets and how you are performing against yours. If your target has gone up, and you are consistently hitting or exceeding it, you may well be in a strong position to negotiate for a pay rise. Presumably if the new role involves more work you will be able to bill more, and possibly at a higher rate.
If you work in-house, presumably you still have measurable KPIs and. like any other employee in any field, will be able to negotiate pay based on your performance and on meeting or exceeding those requirements.
Having put work into applying doesn't mean you have a right to a pay rise. People put a lot of work into applying for jobs all the time, it doesn't entitle them to the job.
if you had to obtain additional qualifications then that will help you if you apply for jobs elsewhere, and again, if it means that you can bill out at a higher hourly rate, then you may well be able to argue for a pay rise once you have shown that your performance / productivity have improved.
All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)1
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