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I was previously employed as an Account Manager, salary was…

Customer Question
I was previously employed...

I was previously employed as an Account Manager, salary was $28,000 / yr, I crushed my quota for the year, coming in well over 100% for the year. In April of 2017, my wages were reduced from $28,000, to $24,000/ yr with no notice or explanation (I found out from my pay stub) . The company then hired another employee for the same role; however compensating him $58,000/ yr. I am no longer with this company, however I have found from another employee there that this representative is not even at 10% of his quota for the year. I am wondering if this is all legal?

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

I should mention, they hired this other employee in May of 2017 I am in PA

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

Full time, salaried employee; however. isn't all employment at will in the state of PA?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that's everything

Submitted: 2 months ago.Category: Employment Law
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Answered in 5 minutes by:
12/20/2017
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 8,318
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 2 months ago
Okay
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

Thanks so much for your patience. Do you have reason to believe that the employer discriminated against you on the basis of your age, gender, sexual orientation, religion, race, or age?

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Customer reply replied 2 months ago
I am an African American male (the only employed there) and also the youngest employee. I honestly do not know if this was a factor, I do know that the owner of the company (small 10 person company) has a personal relationship with the new employee referred to above. H
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

I see what you mean. Unless it was on the basis of racial discrimination, then this is sadly going to be legal for them to do. Employers can choose to pay employees whatever they want, so long as they pay them on time and pay them at least a minimum wage set by the state or the Fair Labor Standards Act. In your case, unless your being a black male was the reason they paid you so much less and the reason they changed the compensation structure, so long as they paid you on time and at least a minimum wage, then there is not much recourse. I'm very sorry. Does that make sense?

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Customer reply replied 2 months ago
this makes sense. How is one to know or to prove if my being a black male was a factor without someone flat out saying it?
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

This is where the EEOC comes in to help.

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 on the grounds that you may have been discriminated against on the basis of your race. 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. The screening process can help you figure it out for sure.

Was there anything else I could help you with?

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