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I live in Oregon. I had a hip replacement surgery on Oct 3rd…

Customer Question
I live in Oregon...

I live in Oregon. I had a hip replacement surgery on Oct 3rd and missed work while recovering. I returned to work part time 3 weeks after the surgery. I returned to work full time 60 days after surgery. My Christmas bonus was $50 less than a co-worker who makes less money than I do. I think I am being punished for having surgery. Is that legal?

Lawyer's Assistant: Have you discussed the disciplinary action with a manager or HR? Or with a lawyer?

No, I just found out about it. I will meet with the manager tomorrow. We don't have an HR department.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My co-worker is a 26 year old female and I am a 56 year old female. The owners/managers are both close to her age.

Submitted: 7 months ago.Category: Employment Law
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Answered in 4 minutes by:
12/20/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,543
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

If attendance had at least some effect on overall performance or output, an employer generally will not violate the law by paying a lesser bonus to an employee who has missed work because of illness or a disability. Given that there is only a $50 difference in the amount of the bonuses in question here, a lawsuit would simply not be worth the tremendous amount of time and money, not to mention damage caused to your employment relationship, to make it worthwhile to pursue even if there was some basis for a claim.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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