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Tina
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Category: California Employment Law
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Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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If I was made a manager back in July of 2008 (manage a team

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If I was made a manager back in July of 2008 (manage a team of sales folks) and I found out 6 months ago that I am not afforded the same benefits as a manager int eh company such as $100 allowance for mobile phone monthly and now it has been nearly 3 1/2 years. I have sent several email to my boss to ask why and have never gotten a response, am I not entitled to not only have that benefit (since all folks with managers status and above receive it in the company) but should be retro active to the date that they promoted me and pay me for it. Can you advise?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Tina replied 3 years ago.
Hello and welcome,

Is there evidence to suggest you are being discriminated against on the basis of your gender or some other protected status?
Customer: replied 3 years ago.

I don't believe so. I am asian american but their are several asian american managers that are receiveing this benefit. I think that it is the stupidy of my manager, he is the only one that I ahve brought this up to the past couple of years and most recent was 3 weeks ago where once again he ignored by email I sent him

 

Expert:  Tina replied 3 years ago.
I see.

The law does not require that employers pay all similarly situated employees the same compensation typically.

Only where the employer engages in prohibited discrimination or retaliation would courts normally get involved and order retroactive pay to be paid.

If it does not appear the employer is engaging in prohibited discrimination and there is no contract of employment, there is normally no method for compelling the employer to increase the employee's compensation.

The threat of such litigation from a local attorney could motivate the employer to pay, but it does not appear you have a valid legal claim against the employer.

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Tina, Attorney
Satisfied Customers: 32721
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
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Tina
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JD, 17 years experience & recognized by ABA for excellence in employment law.