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LegalPro54
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I have an employment law / discrimination question, I reside

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I have an employment law / discrimination question
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: I reside in Missouri but my company is based in TX
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Good evening and welcome. What is your question please?

Customer: replied 2 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.

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