Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My salary is always lower than same position co-workers,

Customer Question
My salary is always...

My salary is always lower than same position co-workers, because 12 years ago when I joined the company, HR said it's mandatory to provide my previous payroll which I didn't want to, as my previous company had financial issue and didn't give us an increase for many years. Even I had a very high performance review score every year, my salary is still much less than my current co-workers. Can I fight my current company?

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

I discussed with my current manager several times, he said he couldn't help.

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

No, I don't belong to a union.

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

I want to know if I can fight my salary

Submitted: 25 days ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 29 minutes by:
5/28/2018
Employment Lawyer: Attorney Wendy, Lawyer replied 25 days ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 963
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I find it very unusual that you were required to provide your prior payroll information to this employer. That does not mean it is illegal for them to ask for it, but it is unusual to do more than simply ask someone if they are willing to share their current salary/wage. If others doing the same job are paid more than you are I am sure that is incredibly frustrating. Unfortunately, it is not illegal to pay two employees doing the same job different wages. It is illegal if the reason for the way difference is due to discrimination. In other words, if you are being paid less because of your age, gender, race, religion then that may create a potential legal claim. If you are, on the other hand, simply paid less because your employer knows you were paid less at a previous job and didn't want to pay more than they had to to get you to take the job, that is unfortunate and not necessarily good business, but it is not illegal.

I wish I had better news for you. If you need additional information, feel free to reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Ask Your Own Employment Law Question
Customer reply replied 25 days ago
Thanks Wendy. Sounds like I can't fight against my current company for my low salary. I'm a woman, a minority and stay with current company since 2005. I know I can look for other opportunities, but I still like my current company, it's so frustrating. Any suggestions?
Customer reply replied 25 days ago
Can I use my free call benefit now?
Employment Lawyer: Attorney Wendy, Lawyer replied 25 days ago

One option, which is sounds like you have tried, is to try to negotiate for a higher salary. One way to create some leverage on that point would be to look into other opportunities and to let your current employer know that you want to stay there but need to make a higher salary and that you would like to be paid on par with others in the same position. If all the others are of a different gender or race, you may also be able to inquire as to why men, for example, in the same position are being paid a higher wage. Just tread lightly as if you want to stay there, you don't want to create an uncomfortable environment but you also want to stand up for yourself.

I don't know how the free calls work, but I am not in a position to take calls today; I am happy to continue to discuss the issue with you via email.

Ask Your Own Employment Law Question
Customer reply replied 25 days ago
Thanks for your advice.
Customer reply replied 24 days ago
I know now California law prevents employer from asking candidate's salary. But back to 12 years ago, I was a victim. Is there anyway to fight back?
Employment Lawyer: Attorney Wendy, Lawyer replied 24 days ago

Not really - in terms of legal action - given the time that has passed and how the law has changed; but you could use that as leverage if that is the reason they are giving for your lower pay. In other words, ask if you could please be paid equal to others in your position. If they say you are making less because of where you started, you could respond by saying something like, "yes, but at that time you improperly set my salary based on requesting information about my prior salary to which I did not realize you were not entitled and now I am just asking you to make this right." How you handle it, though, will depend on how much you want to stay with this employer and how you think the employer will respond.

Ask Your Own Employment Law Question
Customer reply replied 24 days ago
Thanks for the advice.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Attorney Wendy Your Own Question
Attorney Wendy
Attorney Wendy
Attorney Wendy, Lawyer
Category: Employment Law
Satisfied Customers: 963
963 Satisfied Customers
Experience: Member at Keefer & Keefer LLC

Attorney Wendy 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:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,489 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,477 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

4,029 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.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,892 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
Employer performed wage discrimination under new equal pay
employer performed wage discrimination under new equal pay protection act … read more
Ray
Ray
Lawyer
Doctoral Degree
33,008 satisfied customers
Need to talk concerning discrimination in the work place,
need to talk concerning discrimination in the work place, need a call ASAP … read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
310 satisfied customers
I need an expert in Discrimination law in District of
I need an expert in Discrimination law in District of columbia. 1. The statue of limitations for bringing suit in D.C for discrimination is one year. The person was fired on June 26, 2017. I need to k… read more
Ray
Ray
Lawyer
Doctoral Degree
33,008 satisfied customers
Just wondeing, if an employeer can discriminate by only
Just wondeing, if an employeer can discriminate by only allowing people within it own division and outside workers to apply for a promotion. But say no to other personal who are qualified in the same … read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,483 satisfied customers
My employer is not paying me payrolls on time and not
Hi, my employer is not paying me payrolls on time and not providing missing paystub to calculate why my pay is less. do i need attorney for that? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,477 satisfied customers
I was discriminated and off from my job with a Federal
I was discriminated and laid off from my job with a Federal contractor because of age. … read more
Ray
Ray
Lawyer
Doctoral Degree
33,008 satisfied customers
Does a member of protected group in age discrimination need
Does a member of protected group in age discrimination need to include all members of the protected group in a. Complaint against an employer or can he pursue his own individual case of age discrimina… read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
310 satisfied customers
My employer is violating several wage and labor acts and I
My employer is violating several wage and labor acts and I also feel like I have been discriminated against because of race. I am a older white male and I work for a Latin American company. I report d… read more
Attorney Wendy
Attorney Wendy
Lawyer
963 satisfied customers
I own a hospice agency and we provide bimonthly payrolls.
I own a hospice agency and we provide bimonthly payrolls. One payroll is generally 10 days and the other is 11 to 12 days days.All of our administrative personnel is salaried. How does this affect the… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What are the grounds for filing a workplace discrimination,
what are the grounds for filing a workplace discrimination, harassment and what could ultimately be a wrongful termination lawsuit … read more
Attorney Wendy
Attorney Wendy
Lawyer
963 satisfied customers
Is it wage discrimination if a company tries to get older
Is it wage discrimination if a company tries to get older higher paid employees out to replace them with cheaper labor? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I recently had a payroll check voided by the company that I
I recently had a payroll check voided by the company that I work for and they have not made it right as as of today … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,467 satisfied customers
As an Human Resource and Payroll Manager, are there certain
As an Human Resource and Payroll Manager, are there certain employment laws I should be privy to?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,869 satisfied customers
Is it legal for an employer to withhold a payroll check from
Is it legal for an employer to withhold a payroll check from an employee when a non intentional loss occurred … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Lunch deductions from payroll but was never given the time
Lunch deductions from payroll but was never given the time to take my lunch … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
We are in the settlement phase of a discrimination case with
We are in the settlement phase of a discrimination case with my employer through Div of human rights. I am presently on Ltd through this employer . Do I need to report the monetary settlement amount t… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
My employer has failed to meet payroll dates. My wages were
My employer has failed to meet payroll dates. My wages were due Feb 5th for all of January. This morning he offered me $500 dollars cash towards my January wages. I replied that I want my entire check… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I want to file a wage discrimination claim. I make $2.00
I want to file a wage discrimination claim. I make $2.00 less per hour than a coworker who does the same job. … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,489 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