Legal Question in Employment Law in Texas

I work at a law firm where among the staff there are three different positions. A secretary, a project assistant and a floater. I am a project assistant and when people are out I have to cover for them on top of my normal job that I have. There is a person who's main job description is to just float and cover for people who are out. This person gets paid a lot more than I do. It got to the point where I started covering other employees desk just as much as the person who's job is to solely cover. I went to HR to ask if I would get paid more and was told I would not be getting paid any more money. It got worse, there is secretary who doesn't want to do the job they were asked to do and now I'm being forced to take over their job with out more pay.This person also gets paid a lot more than I do. They decided that they wanted to go somewhere else in the company. The company is trying to keep me as a project assistant so that they don't have to pay me more even though I will be doing a secretaries job and I have been doing a project assistants job and a floaters job. What can I do about this? Is this not considered discrimination?

Asked on 1/10/14, 6:09 am

2 Answers from Attorneys

Dipo Akin-Deko Akin-Deko Professional Services Firm PLLC

Honestly, there is not much you can do. All discrimination isn't illegal discrimination. Employment discrimination law states that an employer can hire, fire, promote, demote, or engage in any employment action it wants, good reason, bad reason or no reason so long as the employment action is not based on the employees race, sex/gender, national origin or ethnicity, disability, age if they are over 40 or because they were taking advantage of a protected legal right e.g. FMLA, FLSA, workers comp. etc. From what you have stated your employer is unwilling to pay you more for work you feel they should because they pay others who do that work more. Without more that doesn't rise to the level of illegal discrimination. If there is more to it then you may be better consulting with a local employment discrimination attorney to determine if what is going on may be covered under employment law.

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Answered on 1/10/14, 6:32 am
Adam Kielich The Kielich Law Firm

If you merely believe you are being mistreated because it is financial advantageous to the company--and if that is the case--then no, that would not be an illegal form of discrimination. It just means your boss is a jerk. Unfortunately, that isn't illegal in Texas.

Do you have reason to believe some other factor is forming the basis of the firm's decision to treat you worse than the other employees? If so then there might be a different discussion about discrimination.

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Answered on 1/10/14, 7:57 am

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