Should I be classified as an exempt or non-exempt employee?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should I be classified as an exempt or non-exempt employee?
My employer has written me up several different times for the same thing that other employees in my department have done without them getting getting written up. They have lied on right-ups. Does this constitute discrimination? Is any of this illegal?
Asked on October 23, 2019 under Employment Labor Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The fact is that only legally recognized discrimination is actionable. In other words, differeing treatment based on a person's race, religion, age (40 and over), disability, gender, nationality or disability is against the law. Any other discrimination is perfectly permissable. Accordingly, not all empoyee need be treated the same or even fairly, absent an employment contract or union agreement to the contrary.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The fact is that only legally recognized discrimination is actionable. In other words, differeing treatment based on a person's race, religion, age (40 and over), disability, gender, nationality or disability is against the law. Any other discrimination is perfectly permissable. Accordingly, not all empoyee need be treated the same or even fairly, absent an employment contract or union agreement to the contrary.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.