they just hired somebody they are getting paid more than i am when its the same position

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they just hired somebody they are getting paid more than i am when its the same position

can someone get paid
more than another
person when we have
the same position

Asked on March 25, 2016 under Employment Labor Law, California

Answers:

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

Answered 5 years ago | Contributor

Yes, this is perfectly legal. The fact is that not all employees need be treated the same or even fairly. In fact an employee can be discriminated against so long as it does not constitute legally actionable retaliation or discrimination (i.e. that based on race, relgion, nationality, gender, age (over 40), disability and, in some states, sexual orientation). Also, an employer's action must not violate company policy or any applicable union agreement or employment contract. Otherwise, most employment is "at will", which means that an employer can set the terms and conditions of the workplace much asut sees fit. This includes who gets paid at what rate.


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