I was hired by a company and have been employeed for 6 months. When I was hired I was under the assumption that it was permanent late on I find out that I must meet all metrics before being considered for certification the pressure for excellence is makin

Same as above

1 answer  |  asked Jun 4, 2016 5:08 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
New York is an "at will" employment state. This means that most employees may be terminated with or without cause.

The exceptions to the general rule include employees who have collective bargaining protection (union members), employees who work for governments, and employees who have signed employment agreements with definite terms or dates of employment.

If none of the above apply to you then you should consider whether you are being discriminated against based on your membership in a protected class? What protected groups or classes of employees do you belong to? Some of the many protected groups include:

Are you over 40?

Are you disabled or does your employer believe that you are (it could be as simple as being unhappy with your need for medication, or taking time off work due to medical reasons, or even appearing frail)? The metrics must be due to a legitimate, non-discriminatory, business necessity. If so, then it's probably acceptable unless you require an accommodation and have requested them to provide one or to work with you (engage in the interactive process) to determine what you need to properly do your job.

Are you being targeted due to your religion, race, marital status, sexual orientation, or several other groups which may provide protection for you?

Are other employees who do not belong to the classes which you belong to, regardless of choice, being treated better or more favorably than the classes to which you belong? Are employees who do not share your classes exempt from the metrics?

Look at employees with whom you work. Are they exempt from the requirements being placed on you and if so, why?

If every employee is subject to the same or similar requirements due to business necessity, even if from this point forward, if business necessity requires it, and if such requirement applies to all similarly situated employees, the metrics requirements might be legitimate?

Would you be a victim of discrimination if a metrics requirement is uniformly applied for business necessity from this point forward and if so how would you prove that but for your membership in one or more classes you would not have suffered an adverse employment action (if you are transferred, demoted, or fired)?

If you have to work over 40 hours per week don't forget that you are usually entitled to time and a half pay for any hours over 40. Such claims can be very lucrative federal wage and hour claims which include attorneys' fees and can include liquidated damages. Call a labor and employment lawyer if you are not paid for all performed work. In New York, 6 years of unpaid wages in the form of overtime or improperly classified status as a salaried employee can amount to a substantial amount of money plus attorneys' fees and costs. Good luck.

posted by V Jonas Urba  |  Jun 5, 2016 2:11 PM [EST]

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