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Temp. VS Perm. Benefits Eligibility

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M

mchhale

Guest
I live in Texas and have been working for a company full-time for almost 4 years without benefits (no health insurance, no 401K, no vacation etc.) under temporary status. I have never been allowed more than a couple of days of in a row. Except when I had surgery. During that time I was unable to work for over 6 weeks, without pay ofcourse. Getting information from my co-workers and supervisors regarding permanent hiring policy is like pulling teeth. I managed to find text in the employment policies manual that states that you are eligible for benefits after one year of continuous duty provided that you have not been given more than 5 days off in a row. I cannot afford to leave the company. How long can an employer work you in temporary status without providing benefits when permanent status workers are given full benefits? And, is this a discrimination or a labor law issue?

PLEASE HELP
 
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L

loku

Guest
I MANAGED TO FIND TEXT IN THE EMPLOYMENT POLICIES MANUAL THAT STATES THAT YOU ARE ELIGIBLE FOR BENEFITS AFTER ONE YEAR OF CONTINUOUS DUTY PROVIDED THAT YOU HAVE NOT BEEN GIVEN MORE THAN 5 DAYS OFF IN A ROW. HOW LONG CAN AN EMPLOYER WORK YOU IN TEMPORARY STATUS WITHOUT PROVIDING BENEFITS WHEN PERMANENT STATUS WORKERS ARE GIVEN FULL BENEFITS?
Generally, an employer can set any policy at all; however, if the employer has a policy, sometimes the policy has the effect of being binding on the employer. Usually the employer is held to statements in the “Employment Policies Manual.” So in your case, it sounds like you became eligible for benefits 3 years ago.

IS THIS A DISCRIMINATION OR A LABOR LAW ISSUE?
It is a discrimination issue if the reason you have not been given the benefits is because of your race, color, religion, national origin, age, or disability. Otherwise it is simply a contract action—the statement in the policy manual would be a binding contractual term.
 

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