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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18791
Experience:  Employment/Labor Law Litigation
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My company is downsizing and moving all sales management employees

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My company is downsizing and moving all sales management employees back to sales positions. I am ranked #2 out of 10 in my office in sales team production. All employees are being given a guaranteed pay amount for the first three months back in sales. The guaranteed pay amount is based on our last 60 days of pay which is the lowest possible amount due to a down market. Three employees who made a similar move but chose to step down themselves were also given a 3 month guarantee. However, their pay was calculated based off of 12 months which created a much larger amount than the amount I am being given. Should I be entitled to 12 months average for the monthly pay amount as the managers who stepped down voluntarily were given?
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

No, there is no law that would force an employer to do so. Employment laws do not force an employer to offer everyone the same pay, even if they do the same job. An employer technically could pay every person doing the same ob at a different rate. They generally don't because it's too hard to track and because it could subject them to complaints of specific forms of discrimination.

Note that just paying two people differently, alone, is not legally discrimination. There must be some other illegal factor. Now, if you had stated that the employer was offering all male employees a three month guarantee based on their last 12 months, while female employees only got the three month guarantee based on the last 3 months, that would create the framework of a disparate treatment claim.

Here though, the basis for the differing treatment is those who volunteered against those that didn't. The employer can legally choose to reward those the voluntarily complied with the employer's plans. Favoring employees in the way is not illegal under either federal or state law.
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