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L work in a factory in Illinois. The General Manager of the…

Customer Question
L work in a...

L work in a factory in Illinois. The General Manager of the facility back in November allowed several employees to go to the funeral of another employee's son. We have a point system at work but she told the people that went they would not be charged with a point. I guess it was nice but not consistent with company policy. There are well defined reasons not to get charged with a point, and the funeral of an employees son is not one of them. People can be fired for "pointing out" at my company. Is this discrimination? I can get a point for missing work, or being late but they were allowed to go without any punishment at all because the general manager decided so. Thank you.

Lawyer's Assistant: Was the termination discussed with a manager or HR? Or with a lawyer?

There is no termination yet. But at this point I am only .5 point from termination. I did miss a day of work but do not understand how any one getting a point is not being treated unfairly. why should anyone get a point if some people are allowed not to?

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will, hourly.

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

Many people besides myself could be impacted by this. It is not supposed to be a pick and choose to follow policy or not. Thank you.

Submitted: 4 months ago.Category: Employment Law
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Answered in 21 minutes by:
3/15/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 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. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

No, it is not discrimination. At least, not in the sense that you mean. Certainly, it is preferential treatment based on the manager's personal choice, but that is not illegal. For something to be illegal discrimination, it would have to be based on race, religion, gender, age, disability or FMLA use. This decision is not being made based on on those things.

If the manager had said "white people can go to funeral of a friend's kid, but others do not" or not even said it, but just did that by practice, then this could be discrimination.

Instead, this is discretion and the company has it. While I agree with you that it is not supposed to be pick or choose with policies, but that is not a law. That is just a practical application, to make policies more productive. If a manager doesn't want to apply policy evenly, he/she doesn't have to....as long as decisions are not being made based on race, religion, gender, age, disability or FMLA use.

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. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. 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 4 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, have a great day and please don’t forget to rate my service.

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