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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32613
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Prior to being asked to changed employers I worked for my former

Customer Question

Prior to being asked to changed employers I worked for my former employer for 20 years approximately 5 miles from my home. I was made an offer by my current employer with a $5K increase and a fuel card to compensate for gas since I would be commuting over 40 miles, this was almost 6 years ago. A couple months ago the gas card was taken away with no extra compensation; and I have not received a review or an increase since I've worked there. My title is Accounting Manager, in addition to managing the accounting department, which is under staff. I'm also responsible for the books of another entity within the company and I'm the HR representative. I worked 12-15 hours a day to get everything done. In a department that was already short staff, the accounts payable person was out on medical leave for almost 3 months and I also had to cover her desk. Several months I started receiving emails from the financial analyst that works out of a different branch and is really close with one of the owners of the company trying to accused me of not doing certain tasks correctly. After reviewing the accusations, it comes it that there are not my fault, but she appears to be trying to paint a picture as if I am not doing my job. A couple weeks ago, my boss, the VP and GM came and asked me if something happened between the Financial Analyst and myself and I said no. He said it seems like something is up and he is going to find out what is going on. Yesterday, my boss called me into his office and told me that the Executives, the CFO, COO and one of the owners are giving him heat because he lets me worked from one of the branches that is close to my home 2 days a week on the days I attend school. He mentioned that they said I am being paid too much and his advice to me based on other discussions with them is to come in to the office on those 2 days. I am the only African American woman in management in this company and I feel as though I am being target and they are trying to build a case to get rid of me. Can they do this? Do I have any rights? Please advise.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you know how much employees in similar positions as yours are compensated by the company? There is no contract in place guaranteeing you compensation for your commute correct?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.


Hi Tina,


 


There are four other individuals at different branches with the same title but different responsibilities. I'm not sure how much they are compensated, however, I will try to get that information for you on Wednesday.


No, there is no contract, just the fuel card which was part of the offer letter. Only myself and the VP/GM had a fuel card as part of our offer letter. The VP/GM still has his card.

Expert:  Tina replied 1 year ago.
I see. Thank you for clarifying this for me, Jackie.

Unless there was a promise that your compensation (including the fuel card) would not decrease during the term of your employment, the employer would typically be permitted to change your compensation rate legally I'm sorry to say. Pursuant to the employment at will doctrine, an employer is not required to maintain the terms of an employee's employment but may modify them at any time absent an agreement to the contrary.

However, given that you are a minority, a female, and it appears you are over the age of 40, there may be grounds to pursue a claim of unlawful discrimination if you are not being compensated as well as other similarly situated non-minority workers, so it may be important to obtain salary information for your colleagues. If that information reveals that you are not being compensated as well as your colleagues, then the employer's statements that you are over-compensated would appear to be false and you could pursue a claim of discrimination with the state Fair Employment and Housing Commission.

If you are being compensated as well or better than they are, then there would typically not be grounds to pursue a legal claim against the employer based on the facts you have provided here.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Tina, Attorney
Satisfied Customers: 32613
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
Tina and 2 other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Tina,

The difference is between my salary and others in the same position is about 20%.

Expert:  Tina replied 1 year ago.
Hello again, Jackie.

If you are being paid 20% less than your colleagues, then you may pursue a charge of discrimination with the state commission. I would also retain a local employment law attorney to guide you through the process to ensure your rights are protected, including your right to assert your claim and not be retaliated against by the employer.

Here is a link to file a complaint:

http://www.dfeh.ca.gov/

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina


Customer: replied 1 year ago.


I'm actually being paid more. However, I am doing much more than they are.

Expert:  Tina replied 1 year ago.

I see. If that is the case, then there would typically be no legal recourse against the employer for taking the fuel card away I'm sorry to say even though you perform more work than the other employees. If you have a colleague who performs the amount of work you do and who is paid more, then that could provide grounds to pursue legal action, but since you are paid more, there would not be a basis to charge the employer with discrimination typically.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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Tina
Tina
California Employment Lawyer
32613 Satisfied Customers
JD, 17 years experience & recognized by ABA for excellence in employment law.