Can an employer deny a raise or promotion to someone because they receive military retirement?

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Can an employer deny a raise or promotion to someone because they receive military retirement?

I was told that I have not been promoted or given raises because I receive military retirement. Also, there are employees who have not been with the company as long as me, do not have the same experience as me, but are making more money.

Asked on March 27, 2017 under Employment Labor Law, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Not all employees need be treated the same or even fairly. That is unless their differing treatment is due to some form of legally actionable discrimination. Therefore, if someone is given lesser treatment due to their inclusion in a "protected class" (i.e. due to their race, religion, age (over 40), disability, etc.), that is unlawful. Unfortunately, having been in the military and receiving a pension does not qualify, nor does being paid lower than less experienced co-workers. Accordingly, unless this action violates the terms of an employment contract or union agreement, you have no recourse here. That is unless you want to tender your resignation.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Not all employees need be treated the same or even fairly. That is unless their differing treatment is due to some form of legally actionable discrimination. Therefore, if someone is given lesser treatment due to their inclusion in a "protected class" (i.e. due to their race, religion, age (over 40), disability, etc.), that is unlawful. Unfortunately, having been in the military and receiving a pension does not qualify, nor does being paid lower than less experienced co-workers. Accordingly, unless this action violates the terms of an employment contract or union agreement, you have no recourse here. That is unless you want to tender your resignation.


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