Legal Question in Employment Law in California

I went from a salaried assistant manger position to an hourly position. I have been with my company for 7 years. I'd say 6 years or so of the 7 I had been on salary, keep in mind for the first 3 years of my salary pay I was not a manger. When I moved to an hourly position I asked if I could keep my salary pay and was told it is not a salary position due to it not being a manager or managing employees. So I am currently on hourly. A co worker who is a manger has put in her notice due to moving out of state. They eventually offered at the last minute to keep her by letting her work from home when she moves and still on salary pay even though she isn't going to be in a manger position anymore. Now she not only was moving out of state but would be on maternity leave at the end of February. They want her to keep working after the baby and work from home while caring for her newborn. Which is up to her anyways. I had a baby while I was working here but was never offered any sort of work from home neither. So there are a few things going on that I feel discriminated against! What do I do or can do? Help.


Asked on 1/02/13, 6:01 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

You may be being treated differently from your co-worker, but that does not mean the different treatment constitutes discrimination under the law.

Unless you can prove that the different treatment is due to your gender, your race, your religion, or some other protected classification, then your employer's conduct does not constitute illegal discrimination.

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Answered on 1/02/13, 11:58 pm


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