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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7113
Experience:  Significant experience in all areas of employment law.
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Im working for a company that has 3 different business each of t

Customer Question

I'm working for a company that has 3 different business each of the other business have payroll specialist or payroll tech. but the business I work for doesn't they state that I am a fiscal tech with payroll in my job description (less pay then paroll specialist) I have over 18 years of exprience doing payroll,
They just changed my job description under the fiscal tech by adding the payroll role to it. Been doing payroll for this company for 8 years. We have the same number of employees as one of the business they have.
I am in an at-will employment also.
I have previous stated that I need new title such as Accounting Payroll Specialist. No go..
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to help you. Can you pleas clarify for me what your question is regarding this situation?

I very much look forward to assisting you regarding this matter.
Expert:  Patrick, Esq. replied 1 year ago.
Thank you very much for your replies. In the future, please direct your responses here rather than starting new questions. That will just scatter your replies and make it harder for us to communicate. I know the system is a bit confusing, and I'm sorry for that.

To answer your question, employers retain tremendous discretion to pay employees whatever they like and to assign to them whatever job duties they like, regardless of whether there is consistency within the company or whether the decision is fair.
Although what you describe is unfair and understandably frustrating, it would not be illegal unless you could demonstrate a discriminatory basis for the disparity in pay between you and the payroll specialists at the sister companies.

The courts have made very clear that, absent discriminatory motives (i.e., race religion, gender, ethnicity), they will not be the arbiters of general claims for workplace unfairness, reasoning that if such cases were allowed to proceed, hundreds would be filed every day. This is certainly not to diminish your frustration, which are justified, but rather to explain the policy behind the law, which may assist in your understanding.

I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Very best wishes and happy holidays to you.
Patrick, Esq., Lawyer
Satisfied Customers: 7113
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 3 other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Although what you describe is unfair and understandably frustrating, it would not be illegal unless you could demonstrate a discriminatory basis for the disparity in pay between you and the payroll specialists at the sister companies.


This bring up another question as where is this in the California employee law book, as I did get a copy of the sister companies job description for there payroll and accounting tech. and her job is the


same as I do, except 3 lines of work that I knnow that she doesn't do as they have Human Resouce person to do now.


So before going to my supervisor with this I need to know were it say this so that I have some concrete statement,

Expert:  Patrick, Esq. replied 1 year ago.
Thank you for your reply. I'm not sure I completely understand what you are saying here: "I need to know were it say this so that I have some concrete statement"

Can you re-explain?
Customer: replied 1 year ago.

Need to know when I inform them that they are demonstrate a discriminatory basis for the disparity in pay between you and the payroll specialists at the sister companies. is this a discriminatory law, and where does this state it in the law

Customer: replied 1 year ago.

Ok, you have stated that "though what you describe is unfair and understandably frustrating, it would not be illegal unless you could demonstrate a discriminatory basis for the disparity in pay between you and the payroll specialists at the sister companies."


My question is where is this in the law book with California ?


If I inform them that they are discriminating basis for the disparity in pay


I would like to be able to site the law to them.

Expert:  Patrick, Esq. replied 1 year ago.
Thank you for clarifying. the Fair Employment and Housing Act prohibits adverse employment action on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation.

You will need to demonstrate facts which support that there is a racial, gender, religions etc. bias that is driving the discrepancy in pay. Have comments been made which indicate such a bias? Are people of a particular race, religion, gender, etc. being disproportionately impacted? This is what you will need to show.

I hope this helps.

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