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I am facing a situation that appears to be a compensation…

Customer Question
I am facing a...

I am facing a situation that appears to be a compensation discrimination situation. I am paid a base salary equal to a male coworker, however my goals that determine my bonus are extremely high in comparison to his. I am technically a 1/2 time employee and have goals over his

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

I have not - it just came to my attention today that his goals were actually lowered after the first of May for his April goals which allowed him to obtain his bonus

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

I am an at will employy employee

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

We have equal knowledge and time at the position, also the revenue I have brought in to the company is at this point nearly 5 times the amount he has and nearly all new revenue. He has only basically worked with preexisting established customers

Submitted: 2 months ago.Category: Employment Law
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Answered in 6 hours by:
6/1/2018
Employment Lawyer: Marsha411JD, Lawyer replied 2 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,986
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information. Can you please tell me what State you are employed in? Also, I assume that your question is what your legal options are, is that correct?

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Customer reply replied 2 months ago
Wisconsin
Employment Lawyer: Marsha411JD, Lawyer replied 2 months ago

Thank you for that information, although I don't see a response confirming what your question was. However, to save your time and mine, I will go ahead and assume your question was about legal options.

Before you would have an option to file a complaint for gender or an equal pay act violation, you would need to exhaust your remedies with your employer. That means filing a formal complaint with HR (or your EO Office if different from HR) and providing them with the details that you have and allowing them to investigate the issue and try to resolve it.

If they do not resolve it, or investigate it, then you have the choice of filing a discrimination/equal pay complaint with either the Wisconsin Equal Rights Division of the Department of Workforce Development or the EEOC. Once you have filed a complaint with one of those agencies, then you can, if you choose, consult with a local employment law attorney about whether or not they think, based on your complete facts and the local attitudes of judges and juries in these case, you should continue with the administrative process through the agencies I mentioned to try to resolve the issue, or whether they think you should obtain a right to sue letter and file suit.

Your employer will have to show that they have a non-discriminatory reason for paying you differently from someone else who is a different gender and has the same responsibilities.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 2 months ago

Hello again,

I wanted to touch base with you and make sure that you did any follow up questions for me from the answer I provided to you on the 1st. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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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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