Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I'm concerned that I'm not being compensated equally to my…

Hi Pearl. I'm concerned...

Hi Pearl. I'm concerned that I'm not being compensated equally to my peers And I'm not sure what to do

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

I'm the only Black member at my job level, and even though I manage 40% of the $, and 5 times the accounts, I have been consistently denied promotions (while winning awards for performance and consistent high evaluations) No, I'm sort of at a breaking point after getting denied today. This is my first website I've visited

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I am at will in NYC, and do not belong to a union

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

I'm honestly not sure. Is there anything else I should provide, do you think?

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
3/15/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,132
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).

If you've reached this point, it may be time to go outside the company and have the matter reviewed by the EEOC in your state. While your facts present the framework of a claim, the only way to really know about the strength of a claim is to contact the EEOC and have them investigated. The EEOC is not a court, so you don't need evidence to prove your case. Instead, the EEOC is a federally tasked agency, that investigates allegations of discrimination based on suspicion. They then look for the evidence that either supports or contradicts the allegation.

No matter what the EEOC thinks, you get the right to sue from them and you must do so within 300 days of the last instance of discrimination that you perceive. Certainly, adverse employment actions like refusals to promote can constitute discrimination. However, you have to understand that the employer is going to be notified of the complaint (and so, if you have never made your concerns known to the employer, they will be able to say that) and will have the chance to state a legitimate, non-discriminatory basis for the decisions they have made to not promote you.

Filing with the EEOC is a protected activity, so any retaliation against you would essentially create an independent lawsuit just for that behavior and often that is behavior that the EEOC takes on directly, themselves.

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. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,132
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Thanks very much for your reply, Allen.I'm a little concerned about filing a report without the case having any merits. I'm hesitant to claim things are racially motivated when they might just be standard terrible business practices. Do you have any suggestions for how to get a sense of the validity here?

I really don't. This is always a feel thing. If you have tried addressing this with the employer and their answers just don't make sense, that is suspicious.

If you notice a trend in who is promoted, that is suspicious. If you see no representation of diversity higher up in the company, that can be suspicious.

You are right though, there could be just bad business practices and there really is no good way to know from the outside.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,132
20,132 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,132 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
In Hawaii, can a. In Hawaii can a promotion that was
In Hawaii can a promotion that was discussed and promised at an annual review, be withdrawn without reason? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,757 satisfied customers
Will the EEOC reconsider a case if they initially find it
Hi will the EEOC reconsider a case if they initially find it inconclusive if ask and more information is provided. … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
505 satisfied customers
I BELIEVE RETALIATION DISCRIMINATION FROM MY MANAGER AND
I BELIEVE I AM RECEIVING RETALIATION DISCRIMINATION FROM MY MANAGER AND REGIONAL MANAGER … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I currently have an EEOC investigation going on with my
I currently have an EEOC investigation going on with my former employer-the case was filed in Georgia but I have had to sell my home and am thinking of moving out of state-will this hurt my case?? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,132 satisfied customers
I believe that have case of retaliation for whistleblowing,
I believe that have case of retaliation for whistleblowing, which happened while ago. the question is this a case and what could be time limits for this … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This is a whistleblower retaliation. I was involved in a
This is a whistleblower retaliation. I was involved in a whistleblowing of USPS and I left USPS. About 1.5 year after I left the USPS, this USPS retaliate by alleging I own them money (my part of heal… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I was harrassed and retaliated against by supervisors
Good morning.. I was harrassed and retaliated against by supervisors protecting a man that was impersonating an employee. This man was also harassing me because I would not comply. Now that I have s c… read more
Damien Bosco
Damien Bosco
4,165 satisfied customers
Can I file a claim of age discrimination with the EEOC and
Can I file a claim of age discrimination with the EEOC and wait 60 days to exhaust my administrative remedies before filing in federal court or do I have to file with the GCEO? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,132 satisfied customers
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have been discriminated against for a job promotion
Hi I have been discriminated against for a job promotion because of my disability. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,132 satisfied customers
I have filed a complaint with EEOC under Age discrimination
I have filed a complaint with EEOC under Age discrimination and harassment. Had to resign from job at State agency 2 weeks after receiving PIP due to continuous harassment for more than a year, have w… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I filed a discrimination/ retaliation claim; race; age claim
I filed a discrimination/ retaliation claim; race; age claim against my former employer with the NY State Division Of Human Rights. i received the respondents answers to my complaint. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,694 satisfied customers
I will skip the entire story of discrimination, retaliation,
I will skip the entire story of discrimination, retaliation, and coercion by both my University Human Resources Department and my own Union Director (who did not read the fine print and refused to dis… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
Don't know if I am discriminated against with promotions.
Don't know if I am discriminated against with promotions. But I notice over the past couple years that everyone that is promoted are younger than me. some are half my age and others maybe a couple yea… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Don't know if I am discriminated against with promotions.
Don't know if I am discriminated against with promotions. But I notice over the past couple years that everyone that is promoted are younger than me. some are half my age and others maybe a couple yea… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,152 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,149 satisfied customers
I have been harassed,discriminated and retaliated for years.
I have been harassed,discriminated and retaliated for years. I am a public school teacher 65 years old with an ADA letter of accommodations. My principal violates the ADA law, the union contract she h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x