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DISCRIMINATION Kentucky

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  • DISCRIMINATION Kentucky

    I am a supervisor for a company that employees less than 50 employees. We have min. hours requirements to maintain full time status and benefits. The average is figured quarterly.

    I have an employee that was reduced to part time because she failed to meet the requirement by over 70 hours for the quarter. That was the first quarter of the year.

    Today she comes up with she feels it is dicrimination that we reduced her because she tates there is a law that protects her. Let me explain.

    Her daughter was injured supposedly due to child abuse alhtough no charges were brought against anyone. She missed one week while her daughter was in the hospital. She says an employer can not retaliate against someone that their child was abused... and she claims by our reducing her to part time that is what we are doing.

    Can anyone help to tell me if there is such a law, I would not want to be in violation but I can not find anything like this. Also even if you took 40 hours that she missed off she would still have been 30+ hours under the requirement. In additional she was still in training employeed less than 6 months.

    Also we have a policy regarding PTO, it accrues from day one but it is not yours, belongs to the company until after 6 months of Full time Employement. She wants not only that money which she did fulfill the requirements to but also wants back pay since April for the difference between full time and part time.

  • #2
    There is a poster on this board named cbg that has a great technique for this.

    Ask the employee to produce the law that states that which she believes to be true.

    Other than that, I don't know if anything else would apply. You are too small to be FMLA restricted, and I know of no law that carves out an abused child as a special case.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

    Comment


    • #3
      There are a few states that offer protected time off in cases of domestic violence; however, unless it has been implemented in the last couple of years (I do not deny the possibility) Kentucky is not one of them. If such a law has been implemented, one would have to read the specifics to find out if an instance of child abuse is covered. Perhaps Betty will know if there has been a recently implemented law.

      Otherwise, I would suggest the solution that cyjeff learned apparently from me (I forget which colleague I learned it from) and ask her to show you the law she is quoting.

      It may be a moot point since it appears that she would not qualify even if you granted her all the time she is claiming. To have a valid claim for discrimination, she would need to show that someone else who missed the same amount of time for a non-protected reason (even if she were able to prove her point about the law she claims exists) was still granted full time status and benefits.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        CBG - Can you point in the direction to find out if this is a law in Kentucky that has been recently passed?

        Comment


        • #5
          While sitting here I found on another web site the ten states that are included -

          Currently ten states (California, Colorado, Florida, Hawaii, Illinois, Kansas, Maine, North Carolina, Oregon, Rhode Island) provide victims of domestic violence and sexual assault with protected leave to address the numerous issues that often face victims of such crimes.

          Guess Kentucky is not one of them. The other site also has a list of the State specific requirements, how much time allowed off varies State to State.

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          • #6
            Originally posted by cbg View Post
            Perhaps Betty will know if there has been a recently implemented law.
            Nope, no recent law that I know of.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              Originally posted by cbg View Post
              Otherwise, I would suggest the solution that cyjeff learned apparently from me (I forget which colleague I learned it from) and ask her to show you the law she is quoting.

              ElleMD and I do this a lot.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                It would appear then that you are in the clear.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment

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