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RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 13752
Experience:  Experienced in multiple areas of the law.
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The company I worked federal contracts.I was up late

Customer Question

The company I worked for has federal contracts.I was up late watching the Clemson Alabama play off and was watching the game drinking like most everyone does.I got in the bed around 2am,and was up at6am had to be at work by 7am no time to eat or drink coffee,and 7:30 I was called to the office someone said they smelled alcohol on my breath.The safety director took me for a breath test,and got several different readings,and The safety director stated he thought the machine was off,and needed calibrating. I have a copy of the test.The next day the human resources called,and told me I was terminated even if the breath test was low the policy was no alcohol at all.I have never been written up,the only time I took off work was family medical leave when my father was very ill ,and passed away.I ask if there was a program or suspension for a short time instead of termination ,and he said if I was corporate I would not be fired. with federal contracts. Is this not discrimination?I also had 43 hours of accrued vacation time that I had earned I was told I would not get this.
Submitted: 1 year ago.
Category: Employment Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I look forward to assisting you.

Discrimination, for the purposes of employment law, is any workplace action such as hiring, firing, demoting, and promoting based on a prejudice of some kind that results in the unfair treatment of employees. Pursuant to Title VII of the 1964 Civil Rights Act, discrimination is prohibited on the basis of race, religion, color, sex and national origin. The Age Discrimination Act also prohibits workplace discrimination for workers 40 and over. There are also laws in place to protect against discrimination due to disability, pregnancy, and against retaliation (e.g., an employee who reports an employer for discriminating based on race, and is then terminated). What you describe from these facts does not rise to the level of discrimination. Corporate executives/employees can be treated differently then non-corporate employees, so long as each group is treated equally. In other words, all corporate employees would have to be suspended; the company couldn't have a policy that says only corporate executives who believe in Jesus get suspensions, for example. Similarly, if you were treated differently then other non corporate workers because of your race, religion, sex, disability, age, etc., that could be discriminatory.

Whether an employer pays an employee for accrued, unused vacation time at the time of termination is strictly a matter of company policy. Pro rata payment of vacation pay is not required unless the employer has promised to do so under company policy. Superior Insurance Co.v. Browne, 395 S.E.2d 611 (Ga. Ct. App. 1990). That means if there was no such company policy in place with your employer, legally, they don't have to pay you for it.

I'm sorry I couldn't give you better news, but I hope you understand that I do not make the laws, I merely interpret them. Telling you less then the truth would be unfair to you, and unethical of me. Should you need clarification or additional information, please REPLY, and I'm happy to assist you further. Thank you.

Expert:  RobertJDFL replied 1 year ago.

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