Employment Law

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Customer Question
I am trying to...

I am trying to set up a consultation with an Employment Lawyer. Googling basic questions took me here. I'm not sure if you can help me with someone in the Hampton Roads (VB/Norfolk) area?

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

I have not discussed with my manager or HR My manager and HR are part of the problem

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

I believe I'm at will because I'm a salaried employee in Virginia? I am not part of a union.

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

No, I just have some questions

Submitted: 4 months ago.Category: Employment Law
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Answered in 1 minute by:
3/26/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,809
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.

What are your questions for us? Please bear in mind, while we can answer your questions based on the law of your state, VA, we cannot represent anyone from this site, it is forbidden by state laws.

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Customer reply replied 4 months ago
I was hired by my company in 2009. I was promoted to a new position (PI Specialist) in 2011.
I did research off NACE's salary site to come up with a salary range of $40-45k for the position. I was told by the VP over HR that the position was worth $35k, but they would give me "credit" for my time at the company and offer $38k. I was told it was an entry level position. I said but I'm not entry level. The VP said you have zero product safety experience, so it's entry level for you.
One year later they hired someone with zero product safety experience for $45k. I was making between $40 and $42k at the time.
Two years after that, I was making around $50k. They hired someone with zero product safety experience for $52k.
This past Friday our HR manager left an offer letter on the printer for another new hire.
This person actually has some experience, but his title is in a position below mine. He was offered $70k. I currently make $62k.Are there ANY laws that my company has violated in telling me a position is worth a certain amount with no experience and continuing to hire people after me far above that? Or any laws in regards ***** ***** sensitive information for other employees to find it only to find out a male is being hired at a position below me for more money? Thank you.
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

If you are being paid less solely based on you your gender/sex, then this violates the Equal Pay Act. However, if there are other factors that could be considered when paying the other employee more than they are paying you (you mentioned experience) then they can pay the male employee more than you. This is a matter for the US Department of Labor to investigate, since they handle Equal Pay Act claims, but in order for you to have a case, they have to find that you and the other employee are essentially equal in all respects other than gender in order to substantiate the equal pay claim.

Otherwise, employment in VA is at will and salary paid is up to the negotiation between the employer and employee. So if they negotiated with you for less and you agreed to that amount that is not unlawful.

There are no privacy laws out there regarding employee pay I am afraid. So while the employer could have some confidentiality rules, there are no statutes that mandate the employee's salary is confidential.

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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