Can an employer pay fulltime employees with same hire date different vacation benefits?
An employer is paying some fulltime employees two weeks vscation while others three weeks paid vacation. Employees have same job category, same hire date. In addition, one employee is still fulltime, same hire date, but a draftsmen vs. an engineer--does that allow for some difference in paid vacation or sick time?
1 answer | asked Oct 3, 2010 1:09 PM [EST] | applies to Florida
Answers (1)
Unless the employer is giving different vacation benefits to employees for an illegal reason such as illegal gender discrimination, this is not illegal in an employment at will state such as Florida. There are many reasons why this could be an illegal act but more facts are necessary to determine that.
Unfortunately, this firm cannot render a competent legal opinion based on an unsolicited factual scenario. Your query requires more facts to allow for proper consideration by an attorney. A consultation with an attorney at this office frequently requires more than two hours of the attorney's time to complete. The attorney and the client meet to discuss the facts and review any documentation. We conduct a general discussion of the law, and the attorney advises the client of the options the client may wish to consider. After the consultation, the attorney reviews the notes, researches the law, if necessary, and drafts a summary follow-up letter to the prospective client.
During our consultation, we may discuss, among other things, the general nature of employment law in Florida, statutory discrimination claims, unemployment compensation benefits and claims strategy, workers' compensation benefits and filing requirements, common law causes of action, severance benefits, contractual considerations, benefit continuation considerations and the administrative procedural requirements for filing a discrimination claim against an employer.
Should you decide to pursue this matter, it is important to remember that you will have the burden of proving your case. You must provide the witnesses and other evidence, direct and circumstantial, necessary to prove the elements of the specific charge against your employer. I urge you to do what is necessary to make a sound decision on whether to pursue or to abandon your case.
The above is not a legal opinion and cannot be relied upon as such. There is no attorney-client relationship created by responding to this inquiry. Should you wish to get a legal opinion upon which you can rely, the only way is to hire an experienced employment attorney in your local area who can get all of the facts, research the law and explain your options to you.
posted by William Carnes | Oct 4, 2010 07:48 AM [EST]
Unfortunately, this firm cannot render a competent legal opinion based on an unsolicited factual scenario. Your query requires more facts to allow for proper consideration by an attorney. A consultation with an attorney at this office frequently requires more than two hours of the attorney's time to complete. The attorney and the client meet to discuss the facts and review any documentation. We conduct a general discussion of the law, and the attorney advises the client of the options the client may wish to consider. After the consultation, the attorney reviews the notes, researches the law, if necessary, and drafts a summary follow-up letter to the prospective client.
During our consultation, we may discuss, among other things, the general nature of employment law in Florida, statutory discrimination claims, unemployment compensation benefits and claims strategy, workers' compensation benefits and filing requirements, common law causes of action, severance benefits, contractual considerations, benefit continuation considerations and the administrative procedural requirements for filing a discrimination claim against an employer.
Should you decide to pursue this matter, it is important to remember that you will have the burden of proving your case. You must provide the witnesses and other evidence, direct and circumstantial, necessary to prove the elements of the specific charge against your employer. I urge you to do what is necessary to make a sound decision on whether to pursue or to abandon your case.
The above is not a legal opinion and cannot be relied upon as such. There is no attorney-client relationship created by responding to this inquiry. Should you wish to get a legal opinion upon which you can rely, the only way is to hire an experienced employment attorney in your local area who can get all of the facts, research the law and explain your options to you.
posted by William Carnes | Oct 4, 2010 07:48 AM [EST]
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