Employment Lawyers Can Answer Your Employment Law Questions
I was hired for a different position, and then my contract established an hourly wage (non-exempt employee).That was more than 3 years ago. 1 week after I started in the Co. they let one of my coworkers go. I was asked to perform his duties, which were of a higher responsibility.
After 1 month in that position, I asked my supervisor about the possibility of being paid for the tasks I was performing. I was told a 90 days period should be completed for my hourly wage to be revised, however my case had been already addressed with HR. I received the raise after the trial period.
A couple of months later a new Director was appointed to manage the area. He made awful changes in the structure of the area including manager's responsibilities. They let the Director go 2 years later. In the meantime I had several differences with my new manager who unfortunately has little experience in the particular activity she was appointed for. In one of those discussions she asked me why not consider to leave the Co. My problems with this manager were known by HR.
Having such problems with my manager I asked my first manager to be considered for a new position being open in his area. I was appointed for this new position and then left my initial area. My new coworkers earned at least 25% more than my previous hourly wage. Two months after being accepted for this position I asked my manager for the opportunity of being paid the same way my coworkers were. 2 months after my request I was told that due to my problems with the former manager my salary couldn't been revised for a period of at least 1 year.
I patiently waited the one year penalty period and in May 2012 I requested a meeting with the Director of HR. After explaining the situation to her she claimed that she had no previous notification of the "1 year penalty" decision", and then requested a time to review my profile. I have never received an answer from her regarding my request.
A few months later while still doing the same job and as part of the yearly performance review, I was asked by a new manager why I didn't addressed my pay concern with her. My answer was that she had nothing to do with the issue and that I was waiting for HR action (This happened 7-8 months after the meeting with the HR Director). In the meantime I completed my MBA and started looking for other opportunities.
At the beginning of this year I was finally granted the same hourly rate my coworkers had. This was a result of my performance review and the personal interest of my manager.
As part of my interest to advance my career, I applied for an exempt position for which I considered I had enough experience and educational background. Although I failed to reach my objective in a first try, a few weeks later I was called by the manager of the area due to a similar position was suddenly freed and he needed a person with certain urgency. When negotiating the salary, I was told I have just received an important raise, and then they could only afford a 10% increase if I accepted the new position. I already knew the former holder of the position was earning at least 8% more than the amount they were giving me. After some sessions, they finally set up the issue with a "take it or leave it" choice and the promise that after 6 months in the position they could reevaluate the case and provide a salary raise if applicable.
I have had outstanding results in the new position. This is the main reason why I have been called by my manager two weeks before the end of the promised term in order to explain me that his director and the Director of HR explained him that a considerable amount has just been paid to a consulting firm which revealed our Co. was paying too high salaries. As a result, I couldn't be honored with a salary review. Once again, my answer was that even thought in disagreement, the most important for me was continuing my professional development. The fact is that I currently have a heavy workload, good results recognized by internal and external customers, however being paid the lowest salary in the team, which is at least 10% below of my next coworker who was hired by the company 6-7 months ago.
Determining any evidence of discrimination is really hard. Although it is true I have been living in this country for no more than five years, most of the employees of the FL facility are immigrants or of immigrant's origin. Maybe you can provide me with some examples that could be denoting the existence of any kind of discrimination and therefore help me to establish the case.
Thanks for your help!
I have a contract with an offer which was extended to me at the time I was hired by the Co. 3 years ago. However, what is true is that I never received a new contract nor an offer for the subsequent positions I have been appointed for during this term. Does it mean I currently have an employment agreement only?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).