Answers Posted By Nancy Grim

Answer to Compensation For Declining Healthcare Plan

Discrimination in compensation

This sounds like simple sex discrimination. However, you have a delicate concern, about learning this through "confidential" information about the compensation of other employees. The most cautious thing is to consult an attorney before making a move.
The payroll manager arguably told you confidential information about other employees. But I think the male co-worker should have the right to tell you about his compensation if he wants to do so. However, if your employer has a written policy that no one is talk about their own compensation (a common policy), then you buy extra trouble for yourself or your co-worker by pointing out that someone has shared this information.
If you want to just start getting the same for yourself and the other woman in the office, try naively asking the human resource manager whether the company pays compensation in lieu of healthcare coverage. Maybe, just maybe, the answer will be, "Oh sure, did we forget to give you that?"
If you want to push the point, hire an attorney to help you.

posted Jan 25, 2008 5:08 PM [EST]

Answer to defamation/discrimination

harassment possibly because of pregnancy

This is not any easy situation to address.
It may be discrimination. It may be defamation, but probably not. But, those questions go to the issue: For what can I sue?
Your first concern must be to keep the job. That is -- Can I stop this behavior, so I can bear to continue working? Can I keep from getting fired?
Look for someone other than the nasty boss to help you improve the situation. Is there a human resource manager? Your boss's boss? Another supervisor who is wiser and kinder?
Be as diplomatic as possible. Focus on what is most clearly inappropriate: I am guessing that the nasty boss can produce arguments that your wife's performance was less than perfect, or that he reasonably suspected her of theft at the time, but it is never appropriate to share those comments with other employees or customers. So start with that.
Talk about how you want to be a good employee, but it is very stressful when statements about you are shared with others, especially when you believe the statements are false. You might mention that it seems that the comments started when you announced that you are pregnant.
The hope is that the HR person or other manager will be motivated to diplomatically improve the work situation so that your wife can continue to be a productive employee.

As for your questions:
This is discrimination based on pregnancy IF the nasty turn is because of pregnancy. The timing suggests yes. But Nasty Boss will have another explanation. If you get fired and sue, this will be a question for the jury.
Is it defamation? Inaccurate statements to people in a "privileged position" which includes higher level supervisors are generally protected from defamation liability. But there is no "privilege" to share such comments with co-workers or customers.
An attorney would look carefully at whether the comments are opinion (cannot be defamation) or factual statements (could be defamation if untrue and not "privileged").
Another question is, what is the damage? Fortunately, she has not lost her job. Certainly, she is suffering emotional distress.
If you want to pursue the questions of discrimination or defamation, you should consult an attorney.

posted Jan 22, 2008 2:23 PM [EST]

Answer to Two weeks notice

Two weeks notice

Sadly, no. You have encountered the "free enterprise" doctrine of "employment at will." (That is, both you and your employer are "free" to enter and leave the employment relationship at any time. )

It is not unusual (even where the handbook insists on 2 week notice) for an employer to accept the 2 week notice and then tell the employee to leave early. The (very small) Good News: You should be able to get unemployment benefits for the extra two weeks, even if you left voluntarily to take another job (because the early departure is not voluntary).

I assume that you do not have a written contract. Those are common only with a collective bargaining agreement, or with very high level employees (such as CEOs with "golden parachutes.)

Ohio statutes and common law require that you be paid your wages for time that you work. But if the employer decides to "let you go" early, the employer is not required to pay for time not worked, including holiday shutdown. But you will not be able to insist on the holiday pay nor the bonus.

I assume that you do not have a written enforceable promise that will entitled you to either. If you have a written policy about either, I suspect that it will say that the year-end bonus is paid to employees who have worked the entire year and that the holiday shut down is paid to employees who return to work after the shut down. Even if there is a written policy which is less clear, it is unlikely to be an enforceable contract. I have not seen an employee handbook in many years which did not include a disclaimer statement, "This is not a contract."

posted Dec 28, 2007 3:15 PM [EST]

Answer to Temporary Employment

Temporary not a legal category

I am sorry to tell you that "temporary employee" is not a distinct legal category without knowing more about the particular context.
In general, an employer is not required to accord seniority rights, or health or retirement benefits to any employee, whether "permanent" or "temporary".
However, there is a law, ERISA (Employee Retirement Income Security Act) which requires employers to comply with their own rules if they set up a benefit program. If your employer has an ERISA-qualified benefit plan (healthcare or retirement) it is possible that keeping you in a "temporary" class is a ruse to avoid compliance with the ERISA plan. It is also possible that this would be considered a legitimate distinction. An employment attorney would need to look closely at the facts in your situation, including the benefit plans that your company offers.

posted Nov 30, 2007 10:21 AM [EST]

Answer to Discipline for FMLA related absences (later certified)

FMLA

The FMLA coordinator comment, as you describe it, is strange. You can request FMLA certification in advance if you anticipate future absences due to a "serious medical condition" that qualifies under FMLA. And you do not need to say "FMLA." If you provided information that would tell the employer that you needed to be absent for a reason that would qualify for FMLA leave, then your employer was required to treat that as FMLA-qualified leave, for which you should not be disciplined.
Whether that applies in your case depends on the facts - what you said to your employer, etc. I assume that you are also protesting the discipline through your USPS union grievance procedure. (If you can beat the discipline, then you do not need to pursue FMLA liablity.)
As for the EEO - I do handle some Postal Service EEO cases. You may contact my office to review your case.

posted Oct 31, 2007 2:43 PM [EST]