Legal Question in Employment Law in California

I am currently working for a company that has a policy to pay a minimum base salary (gross) of $50k/year. I am currently a manager in my department but my company has me listed as a supervisor and has never created a job despcription for my position. My responsibilites (which my superiors admit I excel at) equate to the Managers in other departments and often, due to the complex nature of our product, exceed the responisibilites (and hours worked) of the other managers but because the revenue generated by my department is less than other departments, the company refuses to pay me the managers salary. Since the lower revenue does not equate to less work and responsibility, do I have the legal right to demand the Manager's salary? Does my company have the legal right to terminate my employment if I make this demand or ask to re-evaluate my responsibilites to more accurately reflect my lower pay?


Asked on 3/04/10, 2:05 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Do you have the legal right to demand a manager's salary? No. Can an employer terminate you for doing so? Yes.

Unless you are one of the rare individuals who has a contract the limits the employer's ability to terminate the employment relationship, either party to the employment relationship can terminate it at their will. Just as you can leave if you are unhappy with how they treat you, they can ask you to leave if they are unhappy with you, even if it is over asking for a raise.

That does not mean there are not diplomatic ways to ask for a raise, especially if you can sell them on the value you bring to the company. But there is always a risk in doing so.

And there is no law that requires employers to pay one person the same as what another person is making, based on the job responsibilities. Wages can vary from one person to the next based on any number of factors the employer may consider. But they cannot consider unlawful factors, such as gender, race, marital status, handicap or any other classification that is protected by law.

If you have a reasonable belief that you are treated less favorably due to an unlawful reason, you should consult with an experienced employment law attorney in your area, to evaluate the facts.

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Answered on 3/09/10, 3:15 pm
Terry A. Nelson Nelson & Lawless

An employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, etc. Employees have the 'right' to pay and employee benefits per the law and company policy as agreed, provided a 'safe' workplace to minimize risk of injury, and sometimes are provided certain medical/pregnancy leave rights. That's about it. In general, unless an employee is civil service, in a union or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, other than illegal discrimination under the Discrimination, Civil Rights, or Whistle-blower, or similar statutes. Their goal should be to keep the employer happy.

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Answered on 3/09/10, 3:30 pm


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