Legal Question in Employment Law in District of Columbia
Employment Law Question
Last year I was a finalist for a promotion following the retirement of my boss. One of my peers who has made numerous mistakes (costing our company millions of dollars) was chosen for the job, becoming my boss, and later making my life miserable. As a result, I decided to accept a lateral to another division in my company. The job that I vacated has since been filled by two positions of the same level as I was before. Since the two new positions of the same level that I was will now collectively perform the duties that I had, is this fair or legal? Am I owed some form of retroactive compensation? If the responsibilities were so great that it takes two persons of my level to replace me, should my the former area have been split into two divisions instead of me reporting to the former peer?
1 Answer from Attorneys
Re: Employment Law Question
Why would you be owed retroactive compensation unless you had been previously working under a valid contract of employment which mandated that you should have been paid at one level but actually only received compensation at a lower level?
If such were the case you then would have a valid claim and a basis to sue the company for the difference between these two salary levels. Otherwise, in the absence of such a contract, you are(in my opinion) without a remedy with respect to this particular issue.