Is it legal to give a different compensation plan to sales people who have the same roles and responsibilities?
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Is it legal to give a different compensation plan to sales people who have the same roles and responsibilities?
Asked on March 28, 2013 under Employment Labor Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
As a general rule, an employer normally cannot fire or discriminate against an employee because of being part of a "protected class"; a protected class typically would be due to your inclusion in a group due to your race, sex, color, national origin, age, religion, disability, marital status, medical condition, sexual orientation and/or gender identity. Absent that, an employer can discriminate against an employyee. The fact is that not all employees need be treated the same or even fairly. So absent an employment contract, union agreement or company policy to the contrary, some discrimination may in fact be permissable under the law.
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