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Different rules for different employees Montana

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  • Different rules for different employees Montana

    I work in an office of less than 20 people (there are over 75 employees of the company total). After missing three days over a 6 month period, I was told that I have to come to work sick because "everyone else does."

    I had some medical problems since this time period and had to go in for doctor's appointments. I notified my employer as soon as they were scheduled and everything seemed fine with them. Now I am told that I have many absences for "various reasons" and need to watch it (I have only missed time for doctor's appts). Then they mentioned taking vacation days. My employer was very careful to not put any of this in writing during my last evaluation.

    The thing is that everyone else is the office misses for all kinds of reasons: getting carpet installed, hair appts, getting the car washed, and doctor's appointments. Some miss work on a regular basis, even weekly.

    Since they have not put anything in writing, I have decided to not get too upset over it. If they actually put this in writing, what is my recourse?

  • #2
    Unless there are at least 50 employees at your location, or within a 75-mile radius, the employer is not subject to FMLA and thus, no job protection required by law. That's even if you and your medical condition (which we don't know enough about to say) met the criteria.

    Therefore, unless the disparate treatment is due to a protected characteristic of yours, such as age, race, gender, etc., sorry, but I'm not seeing any violation of a law here. The employer is otherwise not required to treat all employees the same.

    Maybe the other employees are making up the missed time? Have you asked if you can do that?
    Last edited by Pattymd; 09-05-2007, 09:33 AM.
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    • #3
      Thanks for such a fast response. No, they are not making up their time.

      It is unfortunate that employers can have different rules for different employees in the same office.


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