This partially answered my question,
I realize severance is a custom, but shouldn't they want ot offer me the same knowing I know that the other employee received it sets the bar. My company is afraid of getting sued, shouldn't they want to give me the same.
My other question you didn't answer is:
Do I have legal rights in regards to maintaining my current flexible work schedule? What if she won't allow it, should I just ask for severance and be done?
I have a hard time believing that since I am in HR and have evidence of them continuing another employees salary through severance for 1 year that they would not do the same for me. In fact this happened to me one other time when I was pregnant and another girl who also was pregnant received continued pay and I didn't. I got an attorney to send a demand letter and the company quickly responded by putting me back on the payroll until I delivered.
My main concern right now is what to do if the new boss doesn't allow me flexibility around my schedule. Also, she said that salaried non-exempt employees should not be allowed to work from home even though I have a company laptop. Is this true? There isn't a company policy as far as I know. In addition, I know of other salaried non-exempt employees working from home. It doesn't seem like employees have much protection at all. n I do know that my company is afraid of getting sued. It is a fortune 500 company.
My employer has a severance policy and severances everyone even employees with poor performance. They did not follow their policy in regards to offering this indiviual 1 year severance. She should have received 2 months.
It doesn't seem fair that other employees in my Band would be allowed to work from home occassionally and not me, don't I have any rights?
Hello, after reading your question I wanted to give you another opinion because your point is well stated and can be supported and clearly correct in your position. If your employer has a written policy on severance and when the employer apply that policy inconsistent with employees this may very easy establish an adverse impact thereby creating discrimination.
Your being in the H/R function know very well how disparity in treatment can impact a department . When you failed to receive the same treatment and the policy was applied to you but not to the co worker then this very well may create a cause of action for you.
It appears that when you are compared to your peer who received the enhanced severance package, then you have clearly been adversely impacted. You should raise this as an clear issue on how you have been treated as others have been treated outside the policy. The employer set the rules but can not discriminate within those rules.
Now about working from home.... if the employer does not have a policy on how the work from home should be treated you should challenge if they are allowing some employees to work from home and not others. You need to have a clear understanding of the criteria set for working from home. Since little is discussed in your notes about a work at home policy, I can only give you general information. You are in H/R and know how hard you work at ensuring consistency and policy guidelines, draw from how the guidelines are followed. I hope this has helped, but you to see a viewpoint from an employment view. I hope this has helped if so click accept.
Lawyer
Licensed attorney helping employers and employees with their legal questions