Legal Question in Personal Injury in Oklahoma

Am I being discriminated against at work

The company I work for has a flex time policy that allows employees to arrive at work anytime between 7:30-8:30am and can not leave before 4:30. I am the only one in my department that comes in at 8:30. I have been written up for consistently clocking in between 8:31-8:35. However the employees that arrive at 8:00 have not been written up for clocking at 8:01-8:05. The same employees clock out between 4:23-4:29 and have not been reprimanded for that. My write up states that if I clock in one more time after 8:30 even 1 minute I will be terminated. I am also on FMLA for major depression which states that due to me condition I may be absence 2-3 days a month as well as arriving late 1-2 times a week due to fatigue. H.R. approved the absences but not the tardiness. The policy I signed on flex time states that an employee has 15 minutes after their schedule work time before they are consider late. The accounting department claims we have a different policy and that does not apply to us but I have never been given documenation stating that.

Am I being disriminated against?


Asked on 6/11/05, 9:12 pm

1 Answer from Attorneys
Hunt John Urgentlegalcare.com

Re: Am I being discriminated against at work

From your post it sounds as though you may have been treated differently than other employees. However, it may not be the basis of a lawsuit for discrimination unless there is other evidence pointing to factors such as race, age, gender that is motivating the action. It sounds more like you are being penalized or retaliated against for having exercised your rights under FMLA. This would be a potential violation of FMLA law and actionable by way of lawsuit. You will need to sit down with an attorney and provide more information and answers which cannot be accomplished in this forum format.

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Answered on 6/12/05, 6:29 am


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