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Our office periodically has a Work At Home (WAH) when the weather

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is to bad. Every...
Our office periodically has a Work At Home (WAH) when the weather is to bad. Every associate has this option except for me. If they close the office due to the weather, I am either expected to still come in or take a vacation or un-paid day. The reason I was given for this is because I live in the same town as our office and everyone else lives down the mountain. Is this discrimination?
Submitted: 8 years ago.Category: Business Law
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Answered in 19 minutes by:
12/4/2009
Business Lawyer: FLCORPLAWYER, Attorney replied 8 years ago
FLCORPLAWYER
FLCORPLAWYER, Attorney
Category: Business Law
Satisfied Customers: 4,634
Experience: 23 Years business & securities law, NY and FL bars. SEC all states.
Verified

No. You are not being discriminated against for a legally impermissable reason, such as race, age, disability, etc.

 

 

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Customer reply replied 8 years ago
It is in our company handbook that at times they may close the office due to bad weather. Don't I have any legal recourse if they provide this for the entire office and exclude me?
Business Lawyer: FLCORPLAWYER, Attorney replied 8 years ago
You have different employment terms than the other employees in the office. The basis of this different set of terms is where you live. You asked me if it is unlawful to discriminate against you on the basis of where you live. It is not.
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Customer reply replied 8 years ago
Not according to my employment contract, there is nothing in there stating that I am excluded from the WAH policy. Everyone is salaried. There is nothing in writing excluding me from this.
Business Lawyer: FLCORPLAWYER, Attorney replied 8 years ago
This is the first time you are telling me that you have a written employment contract. The terms of the employment contract prevail over the office rules. In this case, there is a little ambiguity because normally, a contract won't reiterate that the rules apply to you or do not apply to you. In other words, I am not certain you would win an argument that they are in breach of contract. But you are not being discriminated against. What they do with others has nothing to do with whether or not they honor your contract. I assume you have had a discussion with them on this subject and pointed out your point of view. So the question is, is this so much money that you will jeopardize this job over it.
FLCORPLAWYER
FLCORPLAWYER, Attorney
Category: Business Law
Satisfied Customers: 4,634
Experience: 23 Years business & securities law, NY and FL bars. SEC all states.
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FLCORPLAWYER
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