Legal Question in Employment Law in Missouri

I have been working at my current job for 5 years. I have had 2 reviews and 1 raise of $.60. Over the past 18 months, I have only been give a raise of $.32. I found out a couple of weeks ago, that the new girl (no experience) is getting a $.50 raise and she is getting paid $.58 more than I. She has only been working there for 4-5 months. Is this fair? To me, not at all. Is this legal? This the question I propose. Please help.


Asked on 7/13/11, 7:29 pm

1 Answer from Attorneys

Jonathan D. McDowell McDowell & McDowell, LLC

There are several factors that could go into the legality of these circumstances. If you're male and she is female, there could be sexual discrimination. If you're black and she's white (or vice versa), there could be racial discrimination. Although employers have a lot of freedom in how they run their businesses, they cannot do so in a manner that discriminates against a person in a protected class.

Another issue to raise that could be in your favor is a seniority system. Under these systems, you would be required to have pay raises at certain levels of employment. These systems would also require newer members to be paid less.

Although the new girl may not seem to have any experience, if she has something on her resume that would warrant a higher pay scale, you may not have any recourse. There are many factual issues that a case like this would rest on and you should probably contact an attorney. An attorney will ask specific questions to bring out the pertinent facts so you can receive a more refined answer.

Hope this helps!

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Answered on 7/18/11, 8:13 pm


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