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Hi, I am working for a fast food and I think Ive been discriminated

 
JB Umphrey's Avatar
  • Answered by:JB Umphrey
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Customer Question

Hi,

I am working for a fast food and I think I've been discriminated against because my age. They gave a schedule and in my off days they sent me a text message saying that they need me in 1 hour but I was far from home and since then they treated me different and even they are not giving me enough hours and they split the hours between another employees. I think they do that because I am 17 but I never fail and I don't have any absence.

 

Optional Information:
State/Country relating to question: Florida

Already Tried:
Tried to talk to the manager but she is ignoring me and she don't even talk to me

Submitted: 341 days and 11 hours ago.
Category: Employment Law
Value: $38
Status: CLOSED
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Expert:  JB Umphrey replied341 days and 11 hours ago.

Welcome and thank you for your question!

I am sorry to learn of the circumstances you've described. Please clarify: what is your actual question that you'd like assistance with? What information are you seeking from JustAnswer?

Customer replied341 days and 11 hours ago.

I would like to know if what the manager is doing is right. Not giving me hours and give the hours to another employees and text me on my days off to go to work and if I can't she said: "remember that you are in probation days" I never say no but that day I was far from home. Is this can consider harassment or discrimination?

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Expert:  JB Umphrey replied341 days and 11 hours ago.

Thank you for the follow-up.

Her conduct is unprofessional.

However, what is a "hostile" work environment in the eyes of the law is very limited. In the eyes of the law, it is only an illegal hostile work environment if a person is being harassed because of their age (over 40), disability, genetic information, national origin, pregnancy, race/color, religion, or gender.

It is not illegal to be a bully or a jerk. It's unprofessional but it's not illegal.

Since you are not over 40 years of age, her actions are not illegal. It may not be right. It may not be fair. But it does not violate any laws.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.

Customer replied341 days and 11 hours ago.

Thanks for your help and I am sorry but I have a last question. It is not discriminatory to do not give me hours to work while she is giving hours to another employees under the same conditions?

Accepted Answer

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Expert:  JB Umphrey replied341 days and 11 hours ago.

It is discrimination in the sense that employees are being treated differently.

However, and this is the key, not all forms of discrimination are against the law.

It's only illegal if she's treating people differently because of their age (over 40), disability, genetic information, national origin, pregnancy, race/color, religion, or gender.

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.

Expert TypeLawyer
Category: Employment Law
Pos. Feedback: 96.6 %
Accepts: 6273
Answered: 7/13/2012

Experience: Assisting employees and employers for over 14 years.

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Expert:  JB Umphrey replied339 days ago.

I noticed you viewed my answer and no rating was received. Did you attempt to rate me?

If so, please let me know which rating you'd like to leave, or reply back for additional assistance.

IF YOU DO NOT PROVIDE A RATING, or if your rating is negative, then I will not be compensated or receive credit for assisting you.

Thank you.

 
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