Employment Law

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I believe that I am not being paid the same wage as others…

Customer Question
I believe that I...

I believe that I am not being paid the same wage as others for this employer are receiving according to my skill status

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

North Carolina

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

Full time

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

I am trapped and working in bad conditions while others are not

Submitted: 4 months ago.Category: Employment Law
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Customer reply replied 4 months ago
I am at the point of quitting this job.
Answered in 3 minutes by:
3/7/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,570
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

Unfortunately, the only way that can be illegal is if you can also allege that the reason you are being treated differently is your race, religion, gender, age, disability or FMLA use.

If you can allege one or more of those things, then you should file a complaint with the EEOC (or Department of Labor for FMLA) in your state, so that your situation can be investigated and your rights preserved. However, if you cannot allege one of those motivations for the treatment, then quitting the job is probably your best option so that you can find work where you will be appreciated.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 4 months ago
What about the pay scale of the company according to my skill level? How can I find that out?
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago

You can't find that out unless they want you to know it or you file a complaint of discrimination and they find it through the investigatory process.

Their pay scale is not public information, so they don't have to share it unless they are compelled to by investigation. That's what makes situations like this difficult. You'd have to sue blind and see what discovery shows you.

That being said, most companies do not formalize a pay scale for just this reason. They don't want data showing for when they choose to deviate from it.

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Customer reply replied 4 months ago
Am I being charged sixty bucks for each question?
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago

No. You are not not charged until you rate the service and then only the once.

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Customer reply replied 4 months ago
I intend to sue the employer for unfair pay according to my skill level compared to other electrician top helpers. I feel that indeed this is what they are doing.
If I am wrong then I am wrong but I don’t believe that I am.
Can this investigation be done anonymously? And where is the link to this form?
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago

That is not actually a lawsuit. You can't sue for that, because there is no right for you to be paid a certain amount. If you agreed to work for a certain wage, that is what you get.

My point is that you will not find an honest attorney to draft that complaint for you. A dishonest one will gladly charge you a few thousand dollars to write it up and it will immediately be dismissed for failure to state a claim upon which relief can be granted.

You can only sue for wage issues when you can allege that the basis for your differing wages is your race, religion, gender, age, disability or FMLA use. You have to be able to allege one of those at least, or there isn't any start to this at all.

I understand that you don't believe that you are wrong, but this is what I do for a living for a while now. I have nothing to gain by telling you that you don't have a claim. I'm trying to protect you here from wasting money and time.

If you can allege one of those factors, then you need to go to the EEOC in your state and make the complaint. You'd just look up EEOC and North Carolina and use either Charlotte or Raleigh, whichever you are closer to.

No, the investigation cannot be done anonymously. You would have to personally allege discrimination based on race, religion, gender, age or disability.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago
Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

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