City of Saint Peters, MO asked in Employment Law for Missouri

Q: Is there anything that can be done if you find out you are being paid under your HR job pay scale?

I submitted my request for my job pay scale and found I was below the minimum. When I escalated it up, I was told they have no time frame to increase. Do I have any case or just cut my losses and leave?

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3 Lawyer Answers
Ronald J. Eisenberg
Ronald J. Eisenberg
Answered
  • Chesterfield, MO
  • Licensed in Missouri

A: Did you sign a contract that called for a certain pay level that you aren’t being paid? If not, there is probably no recourse. But if enough money is at issue, pay an attorney for a consultation.

Robert Grant Pennell agrees with this answer

Robert Grant Pennell
Robert Grant Pennell
Answered
  • Manchester, MO
  • Licensed in Missouri

A: Pay scales are not mandatory from a legal standpoint. While I would think that an employer would not want to have folks being paid less than whatever pay scale they have set for a position, there is no legal basis to force the issue that I am aware of in the state of Missouri.

Eva Zelson
Eva Zelson
Answered

A: There may not be any legal recourse, but if you are a member of a protected class, including race, religion, national origin, age, sex, gender identity, or sexual orientation, it may be worth questioning why you are paid less than the published pay scale. If you have suspicions, consult with an employment lawyer to discuss the details of your case. Otherwise, if you are an at-will employee, and your pay is not dictated by a contract, you are free to leave at any time if you are unhappy with the pay.

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