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OT- Law Question
Posted on 1/22/21 at 11:19 pm
Posted on 1/22/21 at 11:19 pm
My wife has a government job and her director allowed her to work 8:00-3 everyday so she could pick up our son from her mother so she could work. Now there is a new director who was promoted a few weeks ago who is now saying that my wife has to work until 5 and that she needs to find child care for our son. During this COVID pandemic can an employer force an employee to send their child to daycare even if they are not comfortable sending their child to daycare? Also of note there is another employee who stays at home and helps her kid with virtual school, and the school system allowed parents to choose whether to send their child to school or not.
5
Posted on 1/23/21 at 12:52 am to socrow
LINK
Not a lawyer but give this a read. Hopefully, she has the allowance/permission in writing from prior boss.
If her employer has a decent HR, she should discuss with them.
Document Document Document.
New boss could be looking for reason(s) to fire her due to some bias (conscious/unconscious) against working moms.
Of course, a conversation with EEOC or employment law professional may be wise too.
LINK
Hope this helps!
Not a lawyer but give this a read. Hopefully, she has the allowance/permission in writing from prior boss.
If her employer has a decent HR, she should discuss with them.
Document Document Document.
New boss could be looking for reason(s) to fire her due to some bias (conscious/unconscious) against working moms.
Of course, a conversation with EEOC or employment law professional may be wise too.
LINK
Hope this helps!
Posted on 1/23/21 at 7:36 am to busteruga
Thanks for the info
Posted on 1/23/21 at 9:21 am to socrow
I don’t do employment law.
But I agree she needs to “document document document” everything. Also check and see if there is a particular COVID policy issued by whatever government she is working for — something in that may provide guidance.
But I agree she needs to “document document document” everything. Also check and see if there is a particular COVID policy issued by whatever government she is working for — something in that may provide guidance.
Posted on 1/23/21 at 9:46 am to socrow
First question is what does her employment contract say about her hours? If it’s not in there then unfortunately your wife is out of luck. An unwritten agreement between her former director won’t prevail.
Even if that’s the case, she may have ADA or EEOC recourse. Is either your wife or your son disabled? If so, she is entitled to a “reasonable accommodation”, which could include a change in work hours. And is the other employee a different race/sex/religion/etc than your wife? And if so, can she prove she is being treated differently on that basis?
Even if that’s the case, she may have ADA or EEOC recourse. Is either your wife or your son disabled? If so, she is entitled to a “reasonable accommodation”, which could include a change in work hours. And is the other employee a different race/sex/religion/etc than your wife? And if so, can she prove she is being treated differently on that basis?
This post was edited on 1/23/21 at 9:52 am
Posted on 1/23/21 at 10:31 am to socrow
Handle it like a Democrat. Just make up a racial allegation and have the boss fired!
Posted on 1/23/21 at 10:53 am to RedFive
Everybody is just trying to get by in all this craziness, then you get an a-hole who wants to change things.
Accuse him of micro aggressions and creating a toxic work environment that shows nativism and bias.
Or just try to get transferred to a more reasonable department and quietly ignore their calls for help after you leave to another department.
Government jobs are something else , they pay people with master degrees 48k a year and their buddies with unrelated lessor degrees $125k. No fairness at all.
Accuse him of micro aggressions and creating a toxic work environment that shows nativism and bias.
Or just try to get transferred to a more reasonable department and quietly ignore their calls for help after you leave to another department.
Government jobs are something else , they pay people with master degrees 48k a year and their buddies with unrelated lessor degrees $125k. No fairness at all.
Posted on 1/23/21 at 7:16 pm to lewis and herschel
quote:
Government jobs are something else , they pay people with master degrees 48k a year and their buddies with unrelated lessor degrees $125k. No fairness at all.
Don't forget about the family members of the higher ups. There is nothing quite like some good old fashioned nepotism. Our tax dollars at work!
Posted on 1/25/21 at 9:01 am to Marty Dawg
thanks for all of the advice guys really appreciate it
Posted on 1/25/21 at 10:06 am to socrow
Is this a public facing job? Does your wife deal with government employees or agencies? Or does your wife deal with the public.
The idea that she was allowed to leave at 3pm gives me the impression that she doesnt deal directly with the public in her duties.
She may have more of a leg to stand on if she is capable of getting her work done in the timeframe alotted. Sex discrimination cases have been built on less.
If she directly deals with the public, then you are going to have a tougher time arguing equal quality under unequal hours.
The idea that she was allowed to leave at 3pm gives me the impression that she doesnt deal directly with the public in her duties.
She may have more of a leg to stand on if she is capable of getting her work done in the timeframe alotted. Sex discrimination cases have been built on less.
If she directly deals with the public, then you are going to have a tougher time arguing equal quality under unequal hours.
Posted on 1/25/21 at 8:31 pm to meansonny
She deals with the public sometimes, but not all of the time
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