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I've been doing the same role as an admin assistant to a VP for 6 years. As of last month, I have a new VP I support. I expressed concern to her that my peers are all being promoted to Executive Assistant and that I thought I was in the wrong job classification due to her ranking. She later confirmed that my suspicions were correct and that they would work on reclassifying me in the coming months ahead. Pending the old VP had a higher rank than the new VP, am I owed retroactive pay for being in the wrong job code for six years? At our company, the title and pay is based upon the level and ranking of the executive you support and I am a hourly paid employee. Thank you!

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  • Did you ever mention to the former VP that you felt your job classification was incorrect? When you started the job, were you hired to work for that VP or did the VP get promoted into that position? What country are you working in? (I can probably guess from your user name, but let's just make it explicit :)) – ColleenV Jan 21 at 19:06
  • This will depend on the labor laws of Chicago/Illinois. I would contact an attorney and ask, if your company isn't interested in doing the right thing on their own. – Neo Jan 21 at 19:17
  • Thank you both! The previous VP I supported wasn't promoted after my hire, he stayed at the same ranking through out our time together. I'm based in the US :) – Chicagomom Jan 21 at 20:04
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    @Chicagomom - You should edit your question to include that valuable information. – Donald Jan 21 at 21:35
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Read your contract and employee manual.

If you can easily prove you're owed money based on those documents and your pay stubs, call the Department of Labor in your state for advice. https://www2.illinois.gov/idol/Pages/default.aspx

They take care of "stolen wages", but I have no idea if this counts as a "stolen wage". Also, note that there is usually a statute of limitations. I don't know how long it is in Illinois.

Be sure to put everything in writing. Even if a discussion happens verbally, memorialize what was said by email afterward. Then print out those email threads and keep those printed out copies at home.

Do not threaten your employer with going to the Department of Labor. Call your Department of Labor first to know what your rights are on this issue.

Of course, you could also try consulting a lawyer, but that might get expensive. How much money are we talking about here?

Also, if worse comes to worst, note that Small Claims court in your state could be an option. It's just that your claim would have to be limited to no more than $10,000 (plus court costs). https://ag.state.il.us/consumers/smlclaims.html

But the good news is that the statute of limitation for "written contracts" in Illinois Small Claims Court system seems to be 10 years.

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