Employment Law

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Looking for some advice on whether I should file an equal…

Customer Question
Looking for some advice...

Looking for some advice on whether I should file an equal pay claim. Had a conversation with 2 male colleagues last week and found out they were making 5-15K more than me. We have essentially the same jobs and responsibilities - just different practice locations. We are all practice managers.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Nevada

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Submitted: 4 months ago.Category: Employment Law
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Answered in 1 minute by:
12/4/2017
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,301
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
Sure. To add to it. All three of us came from acquired practices into this hospital owned medical group with in a month of each other. I was told they make more because they came over at a higher rate from the institution that was acquired.
Customer reply replied 4 months ago
we are salaried full time workers.
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

Understood. One moment while I review...

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Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks so much for your patience. If you are being paid less than male colleagues and there is nothing else that would suggest the reason why, then this to me sounds like you would have a case of employment discrimination which is prohibited under state and federal law at 42 USC 2000e-2. The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within 45 days. The Counselors must advise
individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
I have asked my HR rep for a compensation review. If they actually get back to me, which it has already been a week, what is fair to ask for? I should be back compensated to the time of hiring and going forward, right? Retaliation in any form is also illegal, right?
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

As far as what's fair to ask for, I would just look for an average of what the other two people are making and maybe ask for that to make it fair. It really depends on a variety of factors including your performance, the financials of the company, and what they're willing to do. Also, yes, you can be compensated with back pay which is often a common request in situations like these. You may be able to ask for the difference between the average of what the other two men are making and what you made over that time period. Also, yes, retaliation is illegal if you are exercising a legal right under state and federal law.

What other questions did you have for me today?

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Customer reply replied 4 months ago
How soon does the company find out, if I make a claim? Would you recommend waiting any longer for a response from HR or should I just make the claim - I know I have limited time to make a claim. What are the time limits and are they from the date I found out about the alleged discrimination?
Customer reply replied 4 months ago
My company is the 2nd largest employer in Northern Nevada - they have a compliance hotline - would it be worth reporting the violation they way or just go through the EEOC so that I am protected from retaliation. Would it still be illegal to retaliate if I don't make an EEOC claim and try to work it out myself with HR?
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

Well, usually they'll find out in the first 45 days after you meet with an EEOC counselor regarding the issue. It may be quicker than that. I would probably work it out with HR first because sometimes the litigation can get really difficult and make a difficult process even harder. Go to the EEOC if they're not willing to play ball. Usually, you have 300 days from the date the discrimination occurred to the date that you have to file a complaint. It's illegal to retaliate regardless of whether you make an EEOC complaint.

Did you have any other questions for me?

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Customer reply replied 4 months ago
That's helpful. Thank you.
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

Sure thing. Anything else?

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Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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