If I was off of work due to a fire, should I be financially penalized?

UPDATED: Sep 30, 2022

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If I was off of work due to a fire, should I be financially penalized?

I work for a non-profit organization and recently the building was damaged due to an electronic fire. I was given 3 days off of work and when I returned I was paid for the days I was off. Yesterday my employer gave out incentive pay. I, along with several other employees, noticed our payment was much lower compared to prior years and that of others who do the same job as us but they worked the days we were off. Never once was I offered a type of work but they found work for 6 put of the 31 employees and they their payment was substantially more than the people who did not work. I confused and would like to know is there any thing that we can do about this situation?

Asked on December 17, 2015 under Employment Labor Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, there is, unfortuately, nothing you can do:
1) If you did not have a written employment contract, you were an employmee at will, so your employer has free rein to decide when you should work, what you should be paid, etc.
2) Incentive pay is always completely discretionary for the employer, unless it's in a written agreement.
3) Employers are not required to treat employees equally or fairly.
d on what you write, the employer could do this.

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