Re: Dion Cassata--Equal Pay

Dion Cassata responded earlier concerning equal pay. I resigned as supervisor of security at my job because the management would not support me as supervisor, or the company's written policies concerning employee conduct. I had written reprimands and suspensions concerning one employee for sleeping on the job. This is listed in the employee handbook as unacceptable behavior that will result in termination. He slept again, got caught on video used by employer and was personally witnessed by a manager and co-worker. Personnel said he could be fired. My assist. G. M. and immediate manager said I could not have him fired. They did not suspend him either. Many other problems existed because of this employee and managers allowing his behavior to continue. These problems affected me and others neccesitating forced overtime. We had to cover his shift when he was absent for work, whether he called in sick or didn't notify us of his absence. I resigned.

They promoted a female employee I supervised to replace me and gave her a raise above my hourly rate of pay--approx $4.5o more an hour than I was making. $5 more than many working here longer than her.

Several other people in our position (security) do the same work as her--they write the schedule(her job now, my old job then), we all train new employees. The only thing I can think that she does/I did in addition is review of time sheets. This still needs the managers approval; is really his responsibility. The time sheets are prepared by personnel, anyone could review it.

She is making substantially more than everyone at the position she supervises. There was/is no written job responsibility list for the position of supervisor.

1 answer  |  asked Apr 7, 2005 03:12 AM [EST]  |  applies to Florida

Answers (1)

Dion Cassata
Response - Equal Pay

Unfortunately, I am not certain that any of the events you describe give rise to a legal cause of action. Regarding the fact that the employer has decided to pay your replacement more money, there is nothing in the law that prevents an employer from choosing to pay one employee more than other employees. (It would violate the law to pay certain employees less because of their race, gender, etc., but that does not really appear to be the case here, from the facts you describe.)
Additionally, although it must be frustrating to have an employer not support your attempt as a supervisor to enforce the employer's policies and disciplinary measures, I don't see what cause of action you could bring, especially in light of the fact that you resigned.

The only possible case I can think of might be under a whistleblower statute, if the security involved matters of public safety and your reporting of the sleeping employee would be considered reporting a violation of the law. I think this would be sort of a stretch, though.

Please talk with other attorneys about the situation. They may have different perspectives on the facts than I, or maybe with more details, deterime that you have a case against your employer.

posted by Dion Cassata  |  Apr 7, 2005 08:57 AM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
ARLINGTON, VA
Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Edward Lowry Edward Lowry
MichieHamlett
Charlottesville, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA

more Virginia Employment Lawyers