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Lawdoctor
Lawdoctor, Lawyer
Category: Employment Law
Satisfied Customers: 1400
Experience:  I have handled employment matters for global companies.
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I am the Senior Lieutenant of a Fire Department in Arkansas.

Customer Question

I am the Senior Lieutenant of a Fire Department in Arkansas. We recently employed a new chief and since then I have routinely been passed over for acting captain position because I have a full time job somewhere else. Today I found out the chief has passed me over and picked two other lieutenants to be promoted with out any type of testing (verbal or written). He told one of the captains, that he promoted them because they were full time 48+ hrs a week and I was part time 36+ hrs per week. I feel as if I am discriminated against, but am unsure. The only other thing I can think of is that they are both in the union and I am not.
Submitted: 8 years ago.
Category: Employment Law
Expert:  Lawdoctor replied 8 years ago.
In order to give you the best answer possible, I will need additional information.

Are you under an employment contract (such as a union contract) or are you an 'at will employee"?

Are you being discriminated against just because you are part time or are there additional factors such as your race, age (over 40), gender, disability, pregnancy, veteran's status or national origin?

Thank you
Lawdoctor
Customer: replied 8 years ago.
At will emplyee, Arkansas is "an at will state". I believe it is just because I am a part time employee.
Expert:  Lawdoctor replied 8 years ago.

Dear JA Customer:

Thank you for allowing me to assist you with your question.

Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.

Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.

There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!

It is unfortunate that you do not have an employment contract and there is no other discrimination. Your part time status is not a protected class, and thus your legal position is weak. However, having represented FF with the FFA before city counsels for funding and wages, if you are under a city or county for funding, you can solicit support from your elected officials to intervene, but this can backfire on you.

If you are member of the FFA, then contact them about the situation and they may be able to intervene as well. If you are not a member and they are active in your area, you may want to consider joining and availing yourself of their help.

Another thought is to move to a full time position, since you are basically working full time now with the 36+ hours per week... an additional 4 hours for full time may be possible. IF so, then seek the full time status and if he continues to pass you over, then you need to look at whether he is discriminating against you for some reason other than your hours.

I salute you in your choice of professions and thank you for your dedication and service.

I wish you the best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

If the information that I provided was helpful, then please remember to click the green accept button, (EVEN IF YOU ARE A SUBSCRIPTION MEMBER). so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Bonuses are gladly accepted. Thank you and good luck!

PLEASE NOTE WELL: IF YOU CLICK OPT OUT I CANNOT REPLY TO YOUR FOLLOW UP QUESTIONS AND YOU MAY NEVER GET ANY REPLY OR IT WILL DELAY MY ABILITY TO REPLY TO YOU. Also, if you use RELIST, I MAY NOT SEE YOUR RESPONSE AND IT WILL DELAY YOUR REPLY.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

Lawdoctor and 2 other Employment Law Specialists are ready to help you
Expert:  Lawdoctor replied 8 years ago.
I am sorry but I have to revise my answer, I completely missed where you said the other employees were union members, this changes things completely!!!! and to your benefit.

If your non union status is the reason, then this could be a violation of the Taft Hartley Act:

The Taft-Hartley Act outlawed the "closed shop." The Act, however, permitted employers and unions to operate under a "union shop" rule, which required all new employees to join the union after a minimum period after their hire. Under "union shop" rules, employers are obliged to fire any employees who have avoided paying membership dues necessary to maintain membership in the union; however, the union cannot demand that the employer discharge an employee who has been expelled from membership for any other reason.

 

 

The Taft-Hartley Act outlawed the "closed shop." The Act, however, permitted employers and unions to operate under a " union shop" rule, which required all new employees to join the union after a minimum period after their hire. Under "union shop" rules, employers are obliged to fire any employees who have avoided paying membership dues necessary to maintain membership in the union; however, the union cannot demand that the employer discharge an employee who has been expelled from membership for any other reason. Arkansas is an open shop state and thus you should seek the cousnel of a local attorney to address this matter with the city or county that you work under!

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

If the information that I provided was helpful, then please remember to click the green accept button, (EVEN IF YOU ARE A SUBSCRIPTION MEMBER). so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Bonuses are gladly accepted. Thank you and good luck!

PLEASE NOTE WELL: IF YOU CLICK OPT OUT I CANNOT REPLY TO YOUR FOLLOW UP QUESTIONS AND YOU MAY NEVER GET ANY REPLY OR IT WILL DELAY MY ABILITY TO REPLY TO YOU. Also, if you use RELIST, I MAY NOT SEE YOUR RESPONSE AND IT WILL DELAY YOUR REPLY.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.