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Title change and pay change, potential annual increase withholding - should I get a Lawyer?
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Hi I (M31) have been working for a nonprofit public health clinic under the Indian Health Service's. We are not considered government employees as we are not classified as GS. I have been with this company for 5 1/2 years, and started as an entry level position making $40,000.00. Over time my position evolved but our company does not provide raises but instead a very small performance bonus at the end of the year based on your annual salary.

When a position in another department became available, I applied and interviewed and was awarded the position at a salary of $55,000.00. This was a nice little increase for my household and offered room for growth. However, when transitioning out of my current role, I was asked by the C-suite exec I report to, to reevaluate my Job Description (JD) and add to it on his behalf before submitting it to HR to post. Once HR reviewed this, I was contacted and informed that my JD no longer is reflective of the title I currently held and combined with my experience I was eligible for the 50th percentile within the CPCA salary survey. I was told "currently all salaries are determined by position specific years of experience and percentile thresholds for "all clinics" within the CPCA salary survey. A candidate is mapped to 25th percentile when they have 0-5 years position specific experience and to the 50th percentile when they have 6-10 years position specific experience. No candidate is ever mapped above the 50th percentile when coming into any position within the organization." I decided to stay in my current role, receive the increase in pay along with the title change resulting in a new annual salary of $65,008.

This took place in 2022, and again since this change, I have received no increase in pay over the last two years, even though our organization is supposed to be evaluating and adjusting salaries based on equity. I have recently submitted my letter or resignation as of 1 week ago, and noticed when HR posted my current position that it was posted at a base salary range of $65,312.00 -$71,775 salary/year.

If I was truly in the 50th percentile, and my pay was not adjusted annually to reflect this with annual equity increases, do I have grounds to take legal action against the organization for withholding pay increases for the last two years? Is it worth pursuing?

By our organization defines, equity as:

  1. Equity adjustments provide an annual mechanism for addressing salary inequities arising from external market factors. Equity adjustments do not consider and/or include any performance, educational or other such related indicators (for example, licensure or certification). Equity is solely based upon data received from the annual salary survey and position experience.
  2. The organization will evaluate equity opportunities once per year with Human Resources maintaining responsibility and oversight.
  3. All equity adjustments are subject to available resources and contingent upon approval by the Board of Directors.
  4. the Organization utilizes the California Primary Care Association (CPCA) salary survey as its primary source for external market data related to salaries. The CPCA salary survey includes salary percentile scales; 25th, 50th, and 75th. Our Organization uses these percentile scales based on an employee鈥檚 current years of experience within the position. 路 25th percentile equals 1-5 years of position specific experience 路 50th percentile equals 6-10 years of position specific experience 路 75th percentile equals 11 years of position specific experience 4. When a position is not found within the CPCA salary survey, the Organization will attempt to source three (3) external salary survey samples to determine the 25th, 50th, and 75th percentile scales.
  5. The following equity thresholds have been established and will be applied when equity adjustments have been identified: 路 Equity adjustments less than 2% of an employee鈥檚 annual salary and less than $1,000.00 will not be considered and/or applied. 路 Equity adjustments within an employee鈥檚 current percentile scale (25%, 50%, 75%) greater than $50,000, will be capped at $50,000 (this cap does not apply to employees moving from one percentile scale to another).
  6. Equity adjustments and supporting documentation are to be maintained by the Human Resources department. Once equity has been completed for the annual period, the Human Resources director will meet with the CEO and CFO to review.
  7. Equity adjustments that fulfill the criteria set forth in this policy will be forwarded to the following board sub-committees for informational purposes: 路 The Personnel Committee will perform a comprehensive review of all equity adjustments. 路 The Finance Committee will review the overall total equity dollar amount. 路 The Executive Committee will review the overall total equity dollar amount.
  8. Approval or denial of equity is at the discretion of the Board of Directors as part of the annual budget approval process.
  9. Equity adjustments are completed based upon receipt of the annual CPCA salary survey. Equity is not guaranteed to be issued at any specific time of the year. Equity adjustments are documented within a personnel action form signed by the CEO, CFO and HRD. Employees will see equity adjustments reflected in their personnel record portals.

to anyone who read this far and can provide any advice I greatly appreciate it.

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1 month ago