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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.