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Alex Esquire
Alex Esquire, Attorney at Law
Category: Employment Law
Satisfied Customers: 16721
Experience:  Licensed Experienced Attorney
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I resigned from a job and two later the company advertised

Customer Question

Hello, I resigned from a job and two later the company advertised the same job with greater pay, is that discrimination?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Alex Esquire replied 1 year ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

No. The company can choose the pay for any position for any employer at the company's sole discretion and the employer is not obligated to offer the same pay to two different employees, who have the same employment position, so generally, there would not be any legal recourse under similar circumstances.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Customer: replied 1 year ago.
For example, I am Lab Analyst, and based on the internal grade, I am grade 10. Once I resigned, the company posted the same job internally, but is paying this time at grade 12, two full grades above my current rate, the experience and qualification remains the same? Isn't that discrimination?
Expert:  Alex Esquire replied 1 year ago.

Thank you for your follow up.

No. Generally, that would not be discrimination, as South Carolina is at will employment state and any employer can set the amount of pay at the employer's discretion for each individual employee.

I wish you the best of luck!