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I have an employment law / discrimination question. I reside…

I have an employment...

I have an employment law / discrimination question

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

I reside in Missouri but my company is based in TX

Lawyer's Assistant: Has anything been filed or reported?

No

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Answered in 1 minute by:
8/16/2017
LegalPro54
LegalPro54, Lawyer
Category: Legal
Satisfied Customers: 14,402
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Good evening and welcome. What is your question please?

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Customer reply replied 11 months ago
The company I work for is being sold. We (a group of employees) have a compensation plan that includes RSU's (restricted stock awards). These vest in 1/3rds over 3 years. My company is technically firing everyone on August 31 at midnight and we are being hired at the same time by the new company. This technicality allows my company to escape paying the invest shares of stock. This isn't the problem...it's legal and not much I can do about it however the company has negotiated with a smaller group of people that have this compensation plan for full value payout of invested shares. Leaving 6 of us with nothing. They indicate a "portion would be paid at closing"...I feel this is discriminatory. Do I have a case for it?

Thank you.

Unfortunately, this is probably not discrimination in the legal sense. From a legal standpoint, discrimination is only actionable through the court system if the employer's motivation for engaging in it is a legally protected trait, such as one's race, religion or disability. It's the MOTIVATION that matters.

For instance, if it could be prove that an employer had a standing policy to pay men 20% more than women simply because they were men, that would be illegal discrimination. However, if an employer decided to arbitrarily pay employees who drive SUVs to work 20% more simply becuase they drove SUVs, that would not be illegal despite being unfair and ridiculous because the car one drives is not a "legally protected trait."

So, if you have prove that your employer is motivated by a legally protected trait here, you might have grounds for a discrimination claim. But if this is unfairness based on anything else, it would be legal despite being a poor practice.

I hope that you find this information helpful. 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.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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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.

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