If you find out that a co-worker who holds the same position as you do gets paid about $9 more then you, can you get back pay?

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If you find out that a co-worker who holds the same position as you do gets paid about $9 more then you, can you get back pay?

Asked on June 22, 2012 under Employment Labor Law, Colorado

Answers:

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

Answered 9 years ago | Contributor

Only unless there is some form of actionable discrimination at play here. For example, are you being paid less due to your gender or race? If not, you have no legal claim. Also, does your being paid a different rate violate existing company policy, an employment contract or a union agreement? If it does then you have rights; if it does not then unfortunately you don't.

The fact is that not all employees must be treated the same, or even fairly. In an at will employment relationship an employer can set the terms and conditions of employment much as it sees fit (and in turn, an employee can chosse to work for an employer or not). Bottom line, you can either accept the pay difference or quit. While seemingly unfair, that's the law.


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