Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have a question regarding a benefit......holiday pay to be…

I have a question...

I have a question regarding a benefit......holiday pay to be exact.

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

No one yet.

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

The workplace is at will and the question is not employee specific, it is regarding company wide benefits

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

That is all

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
3/15/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,636
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).

What is your question?

Ask Your Own Employment Law Question
Customer reply replied 5 months ago
When an employer has a benefit in place, holiday pay, are they allowed to make some people wait the 90 day waiting period to receive holiday pay and give it to others before the 90 days, or can they hand out this benefit however and to whomever they choose?
Customer reply replied 5 months ago
I do not wish to pay $59 for a phone call. Thank you.
Customer reply replied 5 months ago
Hello?

Hello. I'm reviewing your question.

Ask Your Own Employment Law Question
Customer reply replied 5 months ago
Apologies

No apologies necessary.

In response to your question, an employer can pick and choose who to grant a benefit in a more favorable manner than their policy.

Now, we (employment law attorneys) beg our employers not to do this. We beg them not because the act itself is specifically illegal. Instead, we beg them to simply follow the policy, because no one ever complains if you just follow the policy. When you don't follow your own policy, employees rightfully ask the question you are asking now....and another question they ask then is "well, why is the employer treating that person differently?"

Now, sometimes the answer to that question is legally harmless. For example, if the employer treats their employee children better than everyone else, while that is unfair it is not illegal. Nepotism is not actually illegal in the workplace (except for some government jobs), so the employer's explanation on those facts would be legitimate and non-discriminatory.

However, what if the employer picks and chooses, and their behavior seems more favorable to men over women, or whites over non-whites, or Catholics over non-Catholics? Even if that isn't the employer's intent, when someone doesn't get treated as well as another, they look for the differences between themselves and the other....and usually if there is a difference is race, religion, gender, age, disability or medical leave use, that is what the disgruntled employee will notice. That makes sense....those can be really noticeable things.

So, not following their own policies puts the employer at risk of being accused of illegal discrimination based on those factors I mentioned. That's the question you have to ask yourself here. Why do you think the employer treated some more favorably than others? If you can come up with a legitimate reason other than race, religion, gender, age, disability or FMLA use discrimination, then there really is no complaint for you to make here, in a legal sense.

If you cannot come up with a legitimate basis and it looks like a pattern of discrimination is emerging, then you should approach HR or 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. 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.

Ask Your Own Employment Law Question
Customer reply replied 5 months ago
Really quick...... she has no children. Men are treated completely different than women but that is not what she uses in this case. I was under the impression that favoritism is not illegal, but you cannot play with benefits. When it comes to benefits, you cannot offer a benefit to one employee and not another. So when her handbook says "holiday pay after 90 days", the next employee she hires has to wait the 90 days to get their holiday pay and the second employee she hires gets holiday pay after only being employed 17 days because she likes her better and thinks she's pretty. This is ok in the workplace? Being that it is a "benefit"? So she can offer 1 week vacation after a year to some of her employees and make other employees wait 2 years for a one week vacation?
Customer reply replied 5 months ago
her reason is always..... she doesn't like rules. I have since quit this job. But the unsavory things that I was made a party to are still in my head. I think she should be reported but I don't want bad karma. I only want to report her if she is truly doing something "wrong".

I was using children as an example of a legitimate, non-discriminatory basis for making a decision. Another might be if a person had worked there longer, worked with the other in the past, etc. The number of legitimate, nondiscriminatory reasons can be infinite. It is just any reason other than race, religion, gender, age, disability or FMLA use.

Benefits like holiday pay absolutely can be fiddled with, though many people share your impression of the law. I did too, before I went to law school and practiced in this area.

So unfortunately yes, it is absolutely fine legally for her to allow one person holiday pay sooner than another. Even though it is a benefit, yes. Yes also with vacation. These things do not change my answer or the law.

Unless she is making favorable decisions based on race, religion, gender, age, disability or FMLA use, it is not illegal. You can certainly report her to the management. They may not like it simply because they have the policies there for a reason. However, nothing she is doing is fundamentally illegal.

Ask Your Own Employment Law Question
Customer reply replied 5 months ago
I have a few more questions..... am I allowed to ask them here or no?

If they are related to the same subject, yes.

If it is an entirely new subject, it is supposed to be directed in a new question thread.

Ask Your Own Employment Law Question
Customer reply replied 5 months ago
They are still regarding my employer, but there were so many things that happened there, it might be considered a different subject. I will start a new thread. Thank you

No worries. Take care and please rate my service.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,636
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now

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.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,636
20,636 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,636 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
How do you roll out a holiday benefit, yet do not approve
How do you roll out a holiday benefit, yet do not approve the benefit for anyone working? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Exempt employee working in North Carolina for a domestic company
Exempt employee working in North Carolina for a domestic company is requested to work in Japan for 4 weeks (month of August). Japan has multiple holidays in August - where office or work facility is c… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
Do you have any expertise in questions regarding employees
Do you have any expertise in questions regarding employees on federal contracts under Service Contract Act or Davis Bacon Act regulations?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I work for a large health care system in New York. All PTO
I work for a large health care system in New York. All PTO requests must be approved by the department heads and are always subject to meeting the needs of the department as to whether PTO will be app… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Ive been working for a company for 7 months and ask if I receive
I've been working for a company for 7 months and ask if I receive holiday benefits and she said no. I then asked for a handbook, which I never received. She then gave me pages out of there handbook wh… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Were a Long Term Care pharmacy in Texas. Our hours of operation
We're a Long Term Care pharmacy in Texas. Our hours of operation are 24/7/365. Should we be paying our non-exempt professional staff extra for days like Christmas, when it doesn't equal over 40 hours … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Im a small employer in New York City with a part-time worker
I'm a small employer in New York City with a part-time worker who has been with me for 7 years, but I want to let this person go due to financial reasons. There is no written contract between us. What… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
A co-worker asked if our office was going to close early because
A co-worker asked if our office was going to close early because of Good Friday? Our office manager replied, "why would I let you off early for Good Friday, you guys are not religious" Her point of vi… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Im an administrative employee for a large specialty foods
I'm an administrative employee for a large specialty foods company. Up until March, my job title was Senior Admin and I was reporting to one of our corporate directors. He left the company and no one … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,636 satisfied customers
WE ARE A SMALL MEDICAL OFFICE WITH 8 EMPLOYEES, THIS PAST YEAR
WE ARE A SMALL MEDICAL OFFICE WITH 8 EMPLOYEES, THIS PAST YEAR WE WORKED CHRISTMAS EVE AND NEW YEARS EVE, AND WERE PAID DOUBLE BECAUSE THE ACTUAL HOLIDAY CHRISTMAS DAY AND NEW YEARS DAY WERE ON SATURD… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
This is a complicated question, but I work for a global financial
This is a complicated question, but I work for a global financial company that has changed our job codes from salaried to hourly positions. There are 9 Holidays within the company and 3 personal days … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If an employee of 13 years was told in that after the 1st of
If an employee of 13 years was told in that after the 1st of the year (1/1/10) they would be taken from FULL time to PART time. However, the middle of December I was asked to work FULL time until the … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
How do you turn a company in for audit on imporper payroll
How do you turn a company in for audit on imporper payroll activities? Not paying overtime, requiring employees to do work before and after clocking in and out? Withholding holiday pay from employee w… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,636 satisfied customers
I would like to know what agency I would lodge a formal complaint
I would like to know what agency I would lodge a formal complaint with If I believe that the company that I presently work for has infringed on my legal rights as an employee but it is not related to … read more
Cedric
Cedric
Attorney at Law
Doctoral Degree
2,088 satisfied customers
Ive worked as a temp for my company for nearly a year.
I've worked as a "temp" for my company for nearly a year. (I was hired directly by the company, not through a temp agency.) Although I work as many hours as everyone in my department, I am the only on… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
My employer continues to take scheduled holidays away from
My employer continues to take scheduled holidays away from us without any notice, upon my employment my benefit package which was discussed with me verbally by the office manager prior to my employmen… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
are employers obligated to pay equal wages to workers doing
are employers obligated to pay equal wages to workers doing the EXACT same job with the same experience ( I just found out that a coworker threatened to quit several years ago and was given a subtanci… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Is it illegal for an employer to revoke holiday ...
Is it illegal for an employer to revoke holiday vacation for a single emplyee when that holiday is part of company wide benefits?… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
96 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x