Job title / Pay grade Link?

[Al]

I want to verify whether or not an employer must upgrade an employee, if they were hired as and have been performing the duties of, a position (job title) which is a higher pay grade.

I am carried on the books as a job title for which I have never performed any functions. It is merely an entry level position for other workers not performing the duties of those for which I was hired.

If more detail is required, I will be more than willing to provide.

I would like to be able to show them verification of my contention.

Thank you,
Al

 

[Attorney_Replogle]

I can only give generalities as I do not practice in your state of Arizona. First, it depends upon whether you are a union employee or not. If you are unionized, the issue has to be taken up through your union grievance procedures. If you are not unionized, the next question is do you have a pre-employment written contract stating that you are to be hired in position X rather than Y. If you do not have a written contract, then you may have a claim for fraud. However, that is hard to prove since the man/woman making you the promise had to be a supervisor with the authority to make such promises. Remember, these are general employment theories and may not be the law in your state. You can find an employment lawyer near you by checking the site: attorneypages.com.

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Mark B. Replogle