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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102504
Experience:  Years of experience in running a medium sized law firm.
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I have worked corporation in Bedford, PA years. I changed

Customer Question

I have worked for a corporation in Bedford, PA for 18 years. I changed titles and responsibilities 6 years ago to inside telesales. I handled southern half of US, a colleague handled northern US, he has since retired & worked from home his entire 10 years doing the job I am doing now. I had also worked from home for the last 3-4 years until my former manager retired. My current manager requires me to come into the office although I exceed my sales plan. I feel as if I'm being discriminated since my former colleague was able to work from home his entire ten years from his FL home office. Do I have a case?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me if you believe that the colleague is being given better treatment due to their race, religion, creed, gender, etc?

Or no, and this is not based on that kind of discrimination, and the manager simply seems to want you to come in... for whatever reason?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
location-wise the colleague lived in FL so he could not logically come into the PA office. the colleague retired before having this new manager. the colleague & my old manager retired at the same time.
Expert:  Ely replied 1 year ago.
Thank you.
On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."
This is indeed discrimination. However, it is not illegal.
Discrimination is only illegal if it is based on race, religion, creed, gender, family, sexual orientation, and whatever else is covered by federal and state law.
Otherwise, it is not illegal. It simply is not. So the manager has discretion to require to have one person come in while another one working from home, even if the decision is based on favoritism or convenience.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Expert:  Ely replied 1 year ago.
Hello again. I am checking in because you have not rated positively. To me this means you may have another question, or may have just forgotten to rate. Please let me know – I am simply touching base. Thanks!