1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Work place discrimination

Discussion in 'Discrimination & Sexual Harassment' started by David davenport, May 2, 2017.

  1. David davenport

    David davenport Law Topic Starter Guest

    Jurisdiction:
    Minnesota
    This is a two part labor related issue. I am a collection agent and the company hired new spanish/English speaking employees and pay them $4 more per hour, secondly I was on FMLA leave from Oct to April 1 I was receiving chemo and radiation treatment but still working on a limited basis it was noted that during that time my QA performance suffered and now being singled out and suspended for having the same QA defects as others on our small 5 man team but I feel it may be retaliation for the FMLA time off.
     
  2. txls

    txls Well-Known Member

    Messages:
    1,963
    Likes Received:
    272
    Trophy Points:
    83

    Maybe I missed it but do you have a question?
     
    leslie82 likes this.
  3. hrforme

    hrforme Active Member

    Messages:
    601
    Likes Received:
    143
    Trophy Points:
    43
    are you bilingual? it could be that they just have more skills than you do and that can justify the higher pay. If you want a raise, it needs to be based on your own skills, experience and performance and not based on what others are making.

    The employer can assess your performance for time you are working during intermittent FLMA. If you needed other accommodations, it was up to you to request them under ADA, not FMLA. Those accommodations are generally made so that you can perform your essential job functions, but even then you can still be held to the performance standard.

    In hindsight it may have been better for you to take 100% of the timeoff allowed.
     
  4. ElleMD

    ElleMD Well-Known Member

    Messages:
    3,032
    Likes Received:
    494
    Trophy Points:
    83
    Yes, it is legal to pay those with a second language skill more than those without it.

    It is legal to hold you accountable for poor quality work even if you were using intermittent FMLA. FMLA does not protect you from repercussions based on performance.
     

Share This Page