Is this "Legal"?

Roberta

The agency posted a vacant position as a Grade 4 (+/- $9.00) hourly position. No college was required. The position was posted for the mandatory three days (in-house). The position was not advertised except for a few college job websites as well as our own website. A temporary employee with a Master's Degree was filling in for the previous employee (Associates Degree) while the previous employee was on FML. Previous employee did not return from leave. The temporary employee applied for the job and was hired full-time. So far, not much to complain about. However, the employee was hired as a Grade 7 salaried position. A current employee was told that the position paid at a Grade 4 and would not change. Is there any legal challenge here? I am asking for the employee who was told not expect anything beyond the Grade 4 rate.

I told her I didn't think there was anything "illegal" about it, but I am certainly not the expert. You are. Any thoughts are appreciated.

Hatchetman

Is this public sector (local or state government or special district) or federal government employer?

If so, the best place to address the disparate pay issue is with the central human resource agency responsible for admintering the salary/compensation reugulations or the board or commission that oversees personnel actions, such as a civil service commission (depending on what authority it has in reviewing compensation and classification issues). There may be particular provisions in the authorizing legisltion of the agency's personnel practices that allow this. Or there may not be.

Hunter1

Doesn't really seem to be a question of 'legality'. But, if the internal employee has a basis for a charge (minority, female, age, etc) it might be very hard to explain why she was told the position would be filled at a certain grade level and subsequently filled at a higher level. Certainly check your policies/procedures as a starting point.

sonny

[font size="1" color="#FF0000"]LAST EDITED ON 07-03-03 AT 09:40AM (CST)[/font][p]You also may have had more internal applicants at the higher pay grade.

Theresa Gegen TX

Whether it is legal depends on where the posting requirements come from. If they come from a collective bargaining agreement or a governement law, rule or statute, the agency may not have complied with the requirements. It would require finding the source of the posting requirements.

If they come from the company internal policy, there is probably no illegality. The company is not even required to post. It could have just filled a job with the incumbant employee (who was probably the most qualified anyway since he was actually performing the job).

Good Luck!

scottorr

I agree with Theresa Gegen. If you are posting for collective bargaining reasons, you may have some conflict. However if your three day posting is only an internal policy, there is nothing illegal about hiring the most qualified person. Salaries are set by the company not the ees. I would like to know how the internal candidate found out that the temp was hired at a higher rate. Good luck!