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Feel that I have discriminate against, and I got hurt on…

Customer Question
Feel that I have...

Feel that I have discriminate against, My name is ***** ***** I got hurt on October 9, 2017, at that time the manager told me that there was no light duty and I had to go home, the manager said that there was no light duty in the department. I work with a couple of mechanics in the sewer maintenance department, One of the other mechanic called me on or about November 27,2017 and told me that he had gotten hurt as well, this mechanic also told me that he was taking his light duty note to the supervisor and the manager and they would probable send him home as well. The manager and the supervisor gave this person light duty.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

North Carolina Apex

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full-time

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

Yes it has been an on going thing with the person that the company moved to manager

Submitted: 6 months ago.Category: Employment Law
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Answered in 3 minutes by:
1/1/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 6 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,574
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

You certainly may be being discriminated against here, but these facts aren't enough to establish that. Just being treated differently is not illegal in employment law. An employer can actually treat two different people in the same circumstance differently.

What matters, for legal purposes, is WHY you were treated differently. Unless the reason is race, religion, gender, age, disability or recent FMLA use, the differing treatment is not actually illegal. So, you have to be able to allege that one of those differences between yourself and the other person granted light duty is present and the basis for their decision. This is called establishing the "protected class" that you are being discriminated based on. If you can allege one of these, then you need to file a complaint with the EEOC in your state.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 6 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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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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