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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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i work at a car dealership. one group of salespeople recieve

Customer Question

i work at a car dealership. one group of salespeople recieve 20% comission and 20% back end compensation and have a written payplan. i work for the same dealer and get $100 dollars per sale and 100 dollars bonus with no written pay plan. isnt this dicriminatory? do i have legal recourse?
Submitted: 4 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question and thank you most kindly for requesting me to assist you this evening.

If I may ask, why do you feel it is discriminatory? Is the action for different commissions based on factors such as your race, gender, national origin? In what state do you work in?
Customer: replied 4 years ago.
I'm in California. Why should one group of sales people have a different pay plan than others if we all sell the same vehicles? Are they better than me? I just want the same as them. They get much larger commissions and bonus than I do
Expert:  Dimitry K., Esq. replied 4 years ago.


Thank you for your follow-up. This is not necessarily discriminatory. Paying people different wages for similar work is permitted in many instances. It is not permitted, for example, if you are a union-based employee where your employment is based on contract. It is also not permitted if the amount is against state law. Finally, it is not permitted if the reason (or focus) for the policy is discriminatory in nature. For example if the reason is based on your age, gender, race, religion, national origin, or disability if any, then it may well be discriminatory. It may also be inferred to be discriminatory if an employee can show that for example all whites are paid 10%, all Asians are paid 12%, and all Catholics are paid 15% (just to put out some basic concepts). That then could be discriminatory. But otherwise hiring some at one fee and others at another is not illegal since you are ultimately an 'at-will' employee, which mean that you are always free to renegotiate or quit without obligation to find other employment. The type of work you do is not what would make it discriminatory, it is your status or classification. Otherwise the employer is not really violating state law.

Good luck.