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Ask FLCORPLAWYER Your Own Question
Category: Business Law
Satisfied Customers: 4634
Experience:  23 Years business & securities law, NY and FL bars. SEC all states.
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Our office periodically has a Work At Home (WAH) when the weather

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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: 7 years ago.
Category: Business Law
Expert:  FLCORPLAWYER replied 7 years ago.

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



I hope that I have been able to answer your question(s) in a helpful way. If you do not understand my answer or need to follow up please do so. My answer is based solely on the facts that you presented, if you add facts to the situation the answer may change. I do not get paid from the website unless you, the customer, accept the answer I have given you by clicking on the ACCEPT link. Sometimes, the answer I give you may not be what you wanted to hear. I can't tell you what you want to hear, I can only tell you what the law is and what I think will happen in your matter based on my 23 years of legal experience. Please don't "kill the messenger" or fail to ACCEPT my answer just because it is not what you were hoping to hear. Sometimes, I can only offer the advice that you sit down and confer with a local attorney where you live. If this is the advice I gave you, it is because based on the facts you gave me, the situation is, in my opinion, beyond the ability of a website to help you. THANKS FOR YOUR SUPPORT.

Customer: replied 7 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?
Expert:  FLCORPLAWYER replied 7 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.
Customer: replied 7 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.
Expert:  FLCORPLAWYER replied 7 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.
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