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i am a long term employee who has just been informed that i have ‘topped out’ in pay scale. this only affects long term employees
and there by ‘older employees, i will be 57 soon. now the company has decided to ‘give’ me a 500.00 check , but that is not affected by overtime of which there is plenty of. i am in Ohio,is this legal?
what are my options?
Asked on March 23, 2018 under Employment Labor Law, Ohio
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
This is legal and not age discrimination. First, bear in mind that there is NO obligation to *ever* provide raises--you can be paid the same thing, without even adjustment for inflation, after 40 years on the job as you were after your very first 40 hours. Since there is no obligation to provide a raise, there is generally no claim for your compensation "topping out" so that you don't get any.
Second, there is a valid purpose behind this: cost containment for a company, to keep salaries/wages from increasing indefinitely. That is only effects older employees does not make it discriminatory, since the purpose is a legitimate, non-discriminatory one.