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    I work for the government. I am in the position of 'clerk' - an entry level position at an entry level pay. I am asked to perform the duties of a much higher paid position (12,000+ per year more) and I am very proficient, even over-qualified in performing these duties.

    Do I have any legal 'ground' to expect my management to make my official status and pay equal to the job I perform? My supervisor has often told me that the work I do is way beyond anything in the formal job description for a clerk.

    I'm anxious to learn where to find out more about my legal rights in this matter. Thanks.

    'pay not equal to the work performed'

  • #2
    The way I see it and have seen similar questions answered, you can always ask for a raise but the employer is not obligated to give you a raise. If you feel they are taking advantage of you by not paying you fairly and reject your request for a raise, you could always seek another job.


    I'm curious what some of the others on this forum (who are way more knowledgeable than I) would say though...
    Last edited by liztheturtle; 08-22-2008, 02:18 AM.

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    • #3
      Are you a member of a union? Working in a higher-level position, even temporarily, is often addressed by a CBA. Other than that, though, you can ask; they don't have to agree.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        "Duplicate" see http://www.laborlawtalk.com/showthread.php?t=194023 ( + has answer re union question etc asked by Patty)
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Having spent more than a few years as a compensation analyst and manager for the feds, I'll offer an explanation.

          Pay for general schedule (GS) federal positions is based on the classification of the position, based on what the minimum requirements of the job are. What someone with extraordinary qualifications brings to a job is not considered. OP, if you are exceeding the work required, you should look for opportunities to be promoted within your agency promotion plan or negotiated agreement.

          The agency is not able to increase your basic compensation because you do a better job than required. They are able to pay for the required job, not the enhanced performance. That's what we get when pay is set by law and regulation.

          As to your "legal rights", you can always file (with your agency or with Office of Personnel Management--OPM) a classification appeal, contending that the title, grade, or classification series is incorrect. If the determination is that the job is misclassified, the agency can "cure" the problem by (1) reassigning the higher grade duties, (2) reclassifying the position and filling it through competitive procedures, or (3) reclassifying it and promoting the incumbent through "accretion of duties" resulting in a non-competitive action. I listed them in the order in which they are likely to "cure" the error. #1 happens about 80% of the time.

          Your union contract may provide for slight modifications to this practice, but not by much.
          Last edited by Texas709; 09-22-2008, 08:54 AM.

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          • #6
            Originally posted by Texas709 View Post
            As to your "legal rights", you can always file (with your agency or with Office of Personnel Management--OPM) a classification appeal, contending that the title, grade, or classification series is incorrect.

            This is assuming that the poster works for a federal agency, otherwise she must find the equivalent state/county/municipal conterpart...
            ========================================

            "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

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            • #7
              Texas 709 has a great answer. Nice and clear and concise!
              I find that the harder I work, the more luck I seem to have.
              Thomas Jefferson

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              • #8
                True, this...

                Originally posted by ArmyRetCW3 View Post
                This is assuming that the poster works for a federal agency, otherwise she must find the equivalent state/county/municipal conterpart...
                You're right, Army. In the OP's other, related post, she says she's a fed...I overlooked that that bit of information is not here.

                As my fishing partner (retired) likes to point out, "In times of economic uncertainty and social unrest, there is little like a good government job to settle the turbulence." I've found it to be a good safe harbor on several occasions.

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                • #9
                  Thank you all for your input...

                  Thanks for the opinions and advice. I appreciate the insight into my problem. In the meantime, I've been transferred to another group within the same Federal Agency. I am also looking for a job with another agency, or back in the private sector.

                  Thanks again!

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