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I have been working at a country club for a time and a

Customer Question
Hi! I have been...

Hi! I have been working at a country club for a long time and a friend of mine has always made more. (She was full time, I was part time) so i understood. Now, she has left for some time and come back. She is now part time and working less hours than me but is still making $1.25 more than I am. I haven't talked to management yet but I am wondering if this is compensation discrimination?

Lawyer's Assistant: Have you discussed this discrimination issue with a manager or HR? Or with a lawyer?

I have talked to a manager who is a friend as well and I came to him as a friend. He stated that i would probably have to give something ( more hours or nights) to get that pay increase. I see that as unfair.

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

At will.

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

Im not surw what other information they might need.

Submitted: 3 months ago.Category: Employment Law
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Answered in 2 minutes by:
3/26/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 3 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,572
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).

There really is not such thing as general compensation discrimination. People do not have to be paid the same rate for the same work.

However, when people are paid differently for the same work, it calls into question "why?"

If you believe that the basis for your being paid differently is your race, religion, gender, age, disability or FMLA use, then it can become a legal issue. You can file a complaint with the EEOC in your state, alleging discrimination.

Other reasons though might not be illegal. If they liked her more, have worked with her longer or just didn't want to move her down in wage when she came back, that is perfectly legal.

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.

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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).

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