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Lawyers - discrimination regarding reduced hours during COVID

2,211 Views | 5 Replies | Last: 3 yr ago by 91_Aggie
COSCAG67
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Edit: They just went back and paid all lost time in full and reinstated pto so this is no longer an issue.
Inca
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Not a lawyer. But, what protected class do you feel is being discriminated against?

I understand this sucks for your wife's current situation. But, I don't see how this is discrimination.
HollywoodBQ
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That does sound discriminatory but, what is the total impact of the damages?
50% of your wife's pay for 50% of the month until she has a baby?

Point being that it would cost you more in legal fees to pursue a case than what it would be worth in damages.

It does suck and I'm sorry that happened to her.

On the bright side, at least she won't be exposed to potentially sick patients at a time when she needs to be her healthiest.
COSCAG67
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Inca said:

Not a lawyer. But, what protected class do you feel is being discriminated against?

I understand this sucks for your wife's current situation. But, I don't see how this is discrimination.


Honestly, I don't know how it works (or even if there's a class of people she has to fit into), which is why I came here. I titled the thread discrimination, but I suppose I'm just trying to see if it's something she should be bringing up to HR.
COSCAG67
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HollywoodBQ said:

That does sound discriminatory but, what is the total impact of the damages?
50% of your wife's pay for 50% of the month until she has a baby?

Point being that it would cost you more in legal fees to pursue a case than what it would be worth in damages.

It does suck and I'm sorry that happened to her.

On the bright side, at least she won't be exposed to potentially sick patients at a time when she needs to be her healthiest.
The impact is that she is the bread winner and now out of 80% of her pay check, but more importantly to her... she won't have the available PTO when she feels she needs it the most. We have a high risk pregnancy and the baby is guaranteed a stay in the NICU so there will be many appointments and other things she will need to take time off for (speaking from experience with our first child that was in the NICU).

We aren't interested in getting a lawyer. I was just seeking out someone that may have knowledge into the typical HR rules. Their decisions about who gets to work are being made by a guy that is not in HR and if there is some kind of rule they are breaking, I'm sure her HR would correct it.

On the bright side... I definitely agree with you. In this case, they were all moved to telemedicine though, so she isn't seeing anyone in person anymore with the crazy going on. All in all, it's inconvenient and we are out some money, but we'll be fine. But I'll let you tell a pregnant lady that lol.
cjo03
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Based on info provided it is likely more of a company policy scenario than a legal scenario. It's an unprecedented time for business right now as many are actively interpreting stimulus, etc. "typical HR things" like protected classes mentioned above remain consistent - but company's are actively introducing new temporary policies. Many with a goal of trying to keep as many people receiving pay as possible.

No harm in asking HR (or the whomever is scheduling) to see the policy that relates to shift allocation. May not like what it says, but sounds like they have some type of framework in place.
91_Aggie
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Just remember that your company's HR is not there to protect your "rights" but rather to protect the company from being sued.
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