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My wife was promised a commission for an entire year and did…

Customer Question
My wife was promised...

My wife was promised a commission for an entire year and did not receive it. The next year she brought it to their (her employers) attention and they rectified it. They offered her a lower commission than she was promised. She accepted that. A few months later they hired a male in the same position and gave him the commission she was promised and didn’t up her commission until the male employee made mention of it to my wife. What should we do?

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

It was discussed a year later because my wife was afraid to tell me, I made her go to them to speak up for herself. They then rectified the situation going forward from that year, but didn’t do anything about the first year and a half.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Salery plus commission. She works for a Stone and cabinetry design company as a designer.

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

She is pregnant right now and they are attempting to fire her, without health benefits because of a disagreement with her and the owner of the store. She has been there 3 1/2 years. She is 6 months pregnant. It’s a small business and they’re being completely unfair.

Submitted: 1 month ago.Category: Employment Law
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Answered in 3 minutes by:
3/14/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 1 month ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 123,240
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If this is the case, then she needs to file an equal pay claim with the US Department of Labor. The US DOL takes this type of equal pay act complaint extremely seriously and they will pursue the investigation and will pursue the employer for any violations to seek to recover what is due the employee OR they will give the employee the investigation information for the employee to sue the employer directly for violation of the equal pay act

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 123,240
123,240 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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