Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Is this discrimination with unequal pay?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Is this discrimination with unequal pay?

    New York State

    Hello. I am a 22 year old female who just recently resigned from a position as Store Manager with a discount chain. I literally had to take matters into my own hands when my Area Manager denied me vacation time. In short, I went above his head and did receive it from our corporate office. However, in conversation with another Manager from our district she was quoted to me as saying “Wow, $550 a week is defiantly not worth the hassle for this job.” I didn’t and have never even came close to making $550 a week. I made $499 and before that only $428. When I question her about it she also stated that the male managers is our district even made as much as $75 dollar more a week then her!

    In addition, while we were talking, she asked me what I received for a raise this year. I am salaried but when you figure it out I received a $1.48 an hour pay raise. She complained that she only received a $0.40 raise, yet I am still making almost $50 a week less than her, which realistically means for 3 years compared to her I was making up to $92 dollar a week.

    What I am concerned about is that she is a female, but she is 42 years old and she also stated and I know for a fact that the male managers do make more money than the rest of us. Is this legal? I have been a manager for 3 years and out of our whole district I had the most seniority by a year even though I am so young. Is there any way I can work to get this money back? 92 dollars over three years is a lot of many that I was underpaid compared to my fellow co-workers who were doing the exact job.

  • #2
    Originally posted by [email protected]
    New York State

    Hello. I am a 22 year old female who just recently resigned from a position as Store Manager with a discount chain. I literally had to take matters into my own hands when my Area Manager denied me vacation time. In short, I went above his head and did receive it from our corporate office. However, in conversation with another Manager from our district she was quoted to me as saying “Wow, $550 a week is defiantly not worth the hassle for this job.” I didn’t and have never even came close to making $550 a week. I made $499 and before that only $428. When I question her about it she also stated that the male managers is our district even made as much as $75 dollar more a week then her!

    In addition, while we were talking, she asked me what I received for a raise this year. I am salaried but when you figure it out I received a $1.48 an hour pay raise. She complained that she only received a $0.40 raise, yet I am still making almost $50 a week less than her, which realistically means for 3 years compared to her I was making up to $92 dollar a week.

    What I am concerned about is that she is a female, but she is 42 years old and she also stated and I know for a fact that the male managers do make more money than the rest of us. Is this legal? I have been a manager for 3 years and out of our whole district I had the most seniority by a year even though I am so young. Is there any way I can work to get this money back? 92 dollars over three years is a lot of many that I was underpaid compared to my fellow co-workers who were doing the exact job.
    On the vacation issue, it is up to the employer as to when and how much vacation time you can take.

    On the salary, you say you are just 22 years old, it would make sense that senior or older employees do make more than you.

    If you agreed to a rate, then you are not "entitled" to more just because someone else makes more.

    You would need to bring a discriminination case based on age or sex.
    Therefore, you may want to speak to an employment lawyer to see if you have such a case and how to proceed.

    But if you agreed to a dollar amount, never said a word and now want "back pay" you will have to have something to base that on.

    Let me know if you have further questions.
    Last edited by Sue; 09-13-2004, 08:57 AM.
    Sue
    FORUM MODERATOR

    www.laborlawtalk.com

    Comment


    • #3
      Wages

      It may not be fair but employers are not required to pay employees the same amount...there can be differences based on performance level or even just the employer's preference, so long as the decision is not based on illegal reasons, such as due to a person's age (over 40), race, disability, national origin, pregnancy, race, religion, gender, pregnancy status or in retaliation of a complaint regarding discrimination.

      Is the difference in pay due to those reasons or is it just coincidental that you are a different age or gender? Though you can talk with an employment attorney, you can get the same information faster and with less hassle by going to the US EEOC. They can be found at www.eeoc.gov.

      Let us know if you have any other questions.
      Lillian Connell

      Forum Moderator
      www.laborlawtalk.com

      Comment


      • #4
        One more question please...

        LConnell, you stated in your reply to my message that age discrimination is illegal; however, you had mentioned if over 40 years old. Does this mean that if you are under the age of 40 you are not eligible to bring age discrimination allegations against your employer? Why I mentioned age discrimination to begin with was that, yes, I am only 22 years old, but I had the most seniority in our district by over a year. In addition, my supervisor made a few remarks pertaining to my age and I am almost positive that he never hired anyone my age for a management position (I was originally hired by another Area Manager).

        Maybe I am just upset and wanting to take action; however, I feel that not matter what the age and regardless of age a person deserves at least somewhat of the same pay if there are doing the same job. For 3 years, I had been a salaried Manager working 48 -54 hours a week (required by our company even though our paychecks state 40). I have done the same exact job as ever other manger in our area. We supervise 5-10 employees, unload trucks, run register, count drawers, order merchandise, and maintain the store. No matter which store you visit or are the Manger at we all do the exact same job.

        I appreciate your quick response to my questions. Thank you.

        Comment


        • #5
          Age Discrimination

          Federal law protects those over 40 years of age. You don't have protection on the basis of age at the age of 22.

          I understand that you may be angry at your former employer. However, there is very little than can be done, unless you have a legitimate complaint of discrimination. Even then, you voluntarily resigned. (Sometimes resignations count as a discharge if the circumstances were so severe as to require a resignation. However, it doesn't sound like that in your case.)

          I have also left an employer when I was not happy with their actions. I have learned, through experience, that sometimes the best action to take is to go to another position in another company and make a huge success of yourself. Retaining angry feelings will only inhibit your ability to find another position.

          Let me know if you have any other questions.
          Lillian Connell

          Forum Moderator
          www.laborlawtalk.com

          Comment

          The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
          Working...
          X