Clerks at work

[1Grasshopper]

What is the name of your state?undefinedWhat is the name of your state?Illinios
I've work at my present job approximately 10 years now. In talking with one of the clerks at work(they are all women), I found out that the Technicians get 3 sick and/or personnel days and they don't. I knew this but I thought that they worked maybe 39 or 391\2 hours at work. Not true! So I asked if they received comission from the products sold. Not so!
One clerk (who has been their for approx. 20 years)says that she has asked why and the boss told her that she was hired differently. That's it , no other explanation was given. Not even to eny of the other women that have asked recently.Is this possible , if so how ?

 

[cbg]

While I'm not saying it's a good practice, it is entirely legal for one class of employee (say, technicians) to receive a benefit, such as sick days, that are not offered to another class of employee (such as clerks). It's also possible for one specific employee to negotiate as part of the hiring process, a benefit not generally offered to that level of employee. Usually, but not always, this is limited to upper level employees or employees that for some reason are difficult to replace. If the company wants to allow a lower or mid level employee to negotiate in this manner, however, it's legal.

So yes, it is possible.

 

[1Grasshopper]

O.K. I can buy that but wouldn't the "employee company rules" make a distinction, instead of saying" employees who have been" or"when an employee finds" ? It doesn't spell out who gets this time just employees.
Additional information, the employee company rules are not shown to them when they are hired.

 

[cbg]

I'm sorry, but I don't know what you're talking about. I can't read your employee handbook and half-phrases taken out of context are impossible to decipher. "Employees who have been" WHAT?" "When an employee finds" WHAT?

 

[1Grasshopper]

Sorry, You are right.

Here goes:



The company understands that it is sometimes necessary for employees to take time off for personnel illness, death in the immediate family, personal business that cannot be taken care of outside normal working hours.

When an employee finds it necessary to take time off or be absent, he should advise his supervisor immediately and give the reason for his absence.

Employees who have worked for the company less then one year may be excused for necessary time off, but not compensated.

Employees who have worked for the company more than one year are entitled to receive straight time pay for necessary and excusable time off as long as it does not exceed three days in any one calendaryear. Such days are not cumulative from year to year.


O.K. The boss has let them have funneral leave but not sick or personal days?

 

[cbg]

As long as who is allowed to take paid leave and who is not, is not determined BECAUSE OF their race, national origin, religion etc., this is legal. Everything that is unfair is not illegal.

 

[1Grasshopper]

The clerks at work have received "death in the family", the rest of it the boss doesn't allow. How would you know if it was because they are women when the only reply eny of them have received is "you were hired differently".

 

[cbg]

Okay, let's go at it this way. What EVIDENCE do you have that they have been granted bereavement pay BECAUSE of their gender? How do you propose to show that it's because of their gender and not because of their position?

 

[1Grasshopper]

You got me stumped, O.K. , but answer me this.With me being a male,(technician), I would get 3 days(total) for bereavement,sickness or personal use, so, how would the person next to me, who is a clerk and also a woman, would get 3 days for bereavement, but when it comes to personal or sick days they are docked vacation time.
In other words how can part of this rule apply to one class of person or title and another part of the same rule apply to another class or person with out some distinction in the wording saying technicians get such and such, and clerks shall get only this part???????

 

[cbg]

Where did you get the idea that there has to be a written policy to be binding? I'm sure there's no written policy saying that you can't punch the supervisor in the nose or set fire to the company cafeteria, but you'd sure as heck get fired if you tried either one.

I'm not saying it's fair. But if the policy, albeit unwritten, is followed consistantly and there is a non-discriminatory basis for it (basing it on department is considered non-discriminatory) it's unlikely that you'd (or they'd) be able to make a discrimination claim stick.

Now, if a female technician was denied the benefit or a male clerk was granted it, THEN you might have a chance of flying the discrimination flag.

 

[1Grasshopper]

O.K. , now I understand! Someone should have done something a long time ago, IF it would have done any good then.O.K. I'll just have to keep my ears open,and hope he slips a couple of times, Thanks

 

[1Grasshopper]

Clerks at work 2

I explained this at work, they didn't like it but they (sort of ) accept what I told them. I was asked a related question. If a clerk ask for a personal day or sick day, does the boss have the right to arbitrarily take your vacation time away from you or should he ask you if you wish to take it paid or not paid. If this falls back on past practice then how can you change several unfair past practices to make them fair for the people now. without joining a union, we wouldn't have enough people,or sueing because there isn'tanything to sue under.So, let me guess, this person gets to keep on treating his employees unfairly.

 

[cbg]

The employer CAN require that they use a vacation day. The law does not require that the employer offer vacation, sick or personal days at all, and if they are offered, the employer can set the limits as to their use. Again, as long as the rules are applied consistantly and are non-discriminatory, it's legal. As above, if the rule applies to ALL clerks, that is non-discriminatory, even if technicians are treated differently. As long as ALL technicians are treated differently.

I agree that it sounds unfair. But everything that is unfair is not illegal.