Legal Question in Employment Law in California
Equal pay
At my current job, I signed an offer letter to come on board at a monthly salary plus 1% of the monthly SALES from my physical office. Instead, I have been paid on REVENUE (meaning that even if the sale came from here, but the actual work is done elsewhere, I get zilch). If I sell a $100K deal, the other ISC, who is male, gets my 1% even though he had nothing to do with the sale. On top of this, I discovered we're getting paid the same salary, but I am expected to also cover phones, do sales administration, work as a personal assistant to the GM, and manage all other duties that come up. The other ISC doesn't have to do any of this, which he confirmed when he sent me an email stating he wasn�t hired to do that �kind� of work. Plus, although I do Inside Sales for both offices, he only has to work for his office.
I�ve spoken with HR, but they�re lost at sea. Should I send a legal letter? Should I file a case? What�s next?
1 Answer from Attorneys
Re: Equal pay
If the terms of the offer letter are clear and unequivocal, the employer has probably breached its employment contract with you. It also sounds as though you are being unfairly discriminated against. The best way to approach this is by having an attorney attempt to negotiate on your behalf to recover any losses you have suffered due to the breach and unequal practices. While it is unlawful for an employer retaliate against an employee who hires a legal representative, as a practical matter, it may be difficult to continue working there. It would probably be in your best interest to negotiate a fair separation package and leave on amicable terms.
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