California Employment Law
California Employment Law Questions Answered by Legal Experts
Yes, I know that everyone else hired to that position is getting paid higher than I am. I was hired along with 8 other people, the difference is that I am an internal promotion, they are all external new hires.
I do not think it has anything to do with my race. It looks like it is because I am an internal promotion. I am very qualified for this position also. I have an A.S. in Electronics, FCC License, and advance Certificates. I also have years of technical experience. I will copy and paste the portion of the contract that the argument is about.
When a (voluntary) change of title occurs, and is considered apromotion, fifteen ($15.00) dollars will be applied to the employee’scurrent weekly pay rate. The employee will then be slotted into theclosest step in the new schedule that is equal to, but not less than,that new amount. The time interval to the next step increase onthe new wage schedule will be six (6) months from the date of thechange in title. In the event an employee is over the top of thenew wage scale, that employee will be placed at the top of the newschedule.
They are telling me that my current weekly pay does not include my past commissions even though I have averaged more than 50k/year for the last 3 years. I was placed at the bottom of the new pay scale... I have never seen or heard of any employee being placed at the bottom of any pay scale.
Oh, sorry. I have been paid for all of my commissions. I am just upset that when I got a "promotion" to this new position, they told me that I will now be making over 15k less per year. The contract does not state that I will lose my average weekly pay.
So to answer your question, No, they are not refusing to pay me my past commissions, they are just refusing to include my average pay into my new pay.
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