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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27692
Experience:  Attorney with experience in family law.
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My husband is born and raised in united kingdom and we have

Customer Question

My husband is born and raised in united kingdom and we have been married for 4 years this March.we have been living in north Carolina for 2 years 3 months. He has been working the same job for the entire time we have lived here. Only called in work sick 1 day for whole time and was late for work 1 day due to snow. He has never received a raise. Over a month ago he asked for a raised then 2 weeks later he asked again. Still no raise. He also has had 30 years experience and they start him off with low pay. I think because he was from another country and they are taking advantage of him. Anything we can do?
Submitted: 9 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 9 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

There is unfortunately no legal right to a raise, even for a job well done, unless there's a written contract that provides for regular increases. People typically find that they're able to get larger salary increases by changing jobs than by asking for a raise from an existing employer (especially people with many years experience). However, if the ONLY person not getting regular raises is the person who isn't a U.S. citizen, or he was hired at a rate below what's standard for that particular job in your area, that could be evidence of illegal discrimination. It's also possible that he's being discriminated against not because of National Origin, but because of age - and that's also illegal. It may be worth investigating how much the company pays other employees over 40, and whether younger employees are getting higher salaries or more frequent raises (with or without requesting them).

You may need to do more research to find out what this type of job should be paying and what others are making. A local attorney can help by subpoenaing employment records that will show if Americans who work the same job (or have similar duties and experience) are paid more. If you are able to establish discrimination, you'll be able to ask the judge to order your husband's employer to pay your legal expenses.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 9 months ago.
He is older and people younger do make more. He is not pay the standard pay for his experience and others with less experience and younger are being paid more
Expert:  Lucy, Esq. replied 9 months ago.

Then that's evidence of age discrimination.

Because the law allows a successful age discrimination plaintiff to recover attorney's fees, it's a good idea to have a local attorney contact the company on your behalf. They may take a demand letter from a lawyer more seriously than one from your husband. It's illegal to fire someone because they've exercised their legal rights, and the lawyer can mention that. You should be able to find someone that will agree to collect payment from the company, not from you. A good place to look is www.martindale.com.

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