No longer in employers good graces.

[aibda]

What is the name of your state (only U.S. law)? I live in North Dakota.

I am wondering if it can be considered discrimination if you have 2 employees, basically holding the same type of position. These employees are on salary & accrue vacation time.

I have recently found out that when one of these employees takes time off for personal reasons, there is no deduction of their vacation time & they receive their full salary wage. But when the other employee misses work their vacation time does get deducted to give them the full salary wage (without the employee asking payroll to use any of their cacation time, it is simply deducted). It is felt that this is because one employee is still in the good graces of the employers but the other is not, due to rocking the boat.

Can this be considered discrimination by the employer?

 

[cbg]

On the basis of what you have posted, no, this is not illegal discrimination.

 

[aibda]

Can you explain, please

 

[cbg]

Because there isn't any law that says all employees have to be treated identically. It is perfectly legal to give certain benefits to one employee and not to the other, as long as they don't do it for a reason that is prohibited by law. Vacation time is a benefit that is not regulated by law and nothing you have posted suggests that they are doing it for an illegal reason. You have provided no information to suggest that the reason is illegal.

If you would like to provide more information about what the one employee did to "rock the boat", it is possible (not definite, and not even probable, but possible) that the answer may change.

 

[aibda]

I feel the one employee is being treated differently now due to a post on social media that angered the employer.

There was no loss of vacation time when this employee was absent from work until after the post on social media.

Does it matter the reasons for being absent from work?

The one employee that does not lose any vacation time takes time off for hunting or fishing trips. The employee that does lose time is absent because of attending family funerals.

 

[Proserpina]

I feel the one employee is being treated differently now due to a post on social media that angered the employer.

There was no loss of vacation time when this employee was absent from work until after the post on social media.

Does it matter the reasons for being absent from work?

The one employee that does not lose any vacation time takes time off for hunting or fishing trips. The employee that does lose time is absent because of attending family funerals.

Most discrimination is perfectly legal. Reread cbg's posts.

 

[cbg]

It makes a GREAT deal of difference what was said on social media. Can you be more specific? I accept PM's if you would prefer to do it that way.

FYI, it is STILL almost certain that this is going to be a non-issue as far as the law is concerned. Neither Federal nor state law gives half a hoot what happens to your vacation balances. The ONLY way this is going to be in any way a legal issue is if what was said on the social media is in some way protected, and that's not likely. But it's not impossible, either.

I will need to know EXACTLY what was said.

And, no, unless it is medical, and not always then, it does not matter a whit what the reason for the absence is.

 

[aibda]

cbg, how do I PM you?

 

[cbg]

I received your PM.

No, what you said on social media is not protected. While it may be petty of your employer to get angry about it or to "punish" you by making you take vacation time when others do not have to, it is not a violation of any state or Federal law.

Sorry. I think your employer is being a jerk, but unfortunately much of jerkdom is legal.