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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12778
Experience:  Experienced Licensed Attorney
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I live in Colorado but work for a company based out of California.

Customer Question

I live in Colorado but work for a company based out of California. This is my 1st year with the small, private company. Through a conversation with one of the other 1st year full time employees, I found out that the I was offered 1/2 the number of vacation days as the other 1st year FT employees. Is this legal??
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

It is absolutely legal for private employers / companies to offer different rate of pay or benefits for similar positions and such pay and benefits, such as bonuses, vacation or sick days can be offered to each job applicant at the company's sole discretion.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12778
Experience: Experienced Licensed Attorney
Alex J. Esq. and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Hi Alex.


Thank you for the quick response.


What if the employer (CEO) emphasized, more than once, that "everyone gets the exact same vacation and sick days when they start." I questioned her several times because what she was offering seemed so low. Each time, she said, it was the same for every body and "policy was policy."

Expert:  Alex J. Esq. replied 1 year ago.
Dear Shana,

Thank you for your follow up.

Is this employment policy stating that all entry level employees get the same pay and benefits stated in writing anywhere?
Customer: replied 1 year ago.

Dear Alex,


Sorry for the delay - I looked it up in the manual I was given. This is what it says


"All full time employees are eligible to accrue vacation time. The vacation accrual policy for regular full-time employees is as follows:" It then lists what you receive year 1, years 2 & 3, and so on.


I also found out that the manual is only sent by the CEO (the HR rep never sees it). Thank you for your additional input.

Expert:  Alex J. Esq. replied 1 year ago.
Dear Shana,

Were you given the minimum vacation time stated in the manual?
Customer: replied 1 year ago.

It was the ONLY vacation time stated in the manual (e.g. no other levels or wording indicating any other levels).

Expert:  Alex J. Esq. replied 1 year ago.
Dear Shana,

Thank you for your follow up.

As long as, you were given the vacation time that was described in the manual, it would be legal for the employer / company CEO to offer additional vacation time to a new employee in the similar entry level position for you and while it would be unethical for the CEO to misinform you about this situation, it would not be illegal, unless you can prove that both you and the other employee hold exactly the same position and have exactly same experience, education and training and you have received less vacation time based on the direct illegal discrimination based on your race, religion, ethnicity, etc...which is generally very difficult to prove.

I am sorry to give you this unpleasant news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct information, even when such information is not favorable to the customer.

I wish you all the best and GOD bless you!
Customer: replied 1 year ago.

Ok. I understand. I was just trying to know where I stood as I plan on confronting the CEO.


Thank you for your time.


 


God's Blessing for you too.


 


Shana

Expert:  Alex J. Esq. replied 1 year ago.

Dear Shana, Please understand that what the CEO did by my making false statements to you about this issue, is completely unethical, but not illegal in most cases.

 

I do wish you the best of luck and GOD bless you!

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