Is this illegal?

[cotjones 10+ year member]

So at my work, people bid on schedules based on seniority.

Well if 2 people are hired on the same day, their seniority is based on date of birth.

Illegal much?

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[sacsking916 5,000+ posts]

So at my work, people bid on schedules based on seniority.
Well if 2 people are hired on the same day, their seniority is based on date of birth.

Illegal much?

is NC a at will state? jw

 

[Imtjnotu 5,000+ posts]

And how exactly would this be illegal

At my job when hired on the same date with everyone else it goes by who put there application in first which seems more fair but check ur work contract or union handbook

 

[OmegaBunny 10+ year member]

The employees where I work are union and seniority is based on hire date first, then on the last four of the social security numbers. For people hired on the same day, the lower the ss number the higher the seniority. Its not illegal because you need to establish a way to identify seniority and this method does just that. It also eliminates or reduces the chances of nepotism.

 

[CAT MAN 5,000+ posts]

not illeagle here brah

 

[sacsking916 5,000+ posts]

No

 

[kramer_212 10+ year member]

could be, it might come down to company policy you probably singend a sheet saying it was ok.

 

[05fronty 5,000+ posts]

sounds like where i work

 

[wenn_du_weinst 10+ year member]

sounds like you got passed over and butt hurt not illegal. You probably even signed agreeing to that when you got hired with out even knowing it.

 

[cotjones 10+ year member]

As far as my research has gone, there are laws that protect people age 40 and over. But there are no laws protecting age 40 and under, thus you can sue, and it may or may not pass. SS #'s are fair because the last 4 digits are random with respect to comparing ages. In other words, unless the first 5 numbers of 2 people are the same, the last 4 numbers are random.

The thing is most cases that go to courts seem to be in the neighborhood of "my boss makes me do more shizz cause i'm young." obviously, that doesn't have much of a chance and the burden of proof is difficult. However in my case the policy is clearly stated in the handbook. Kinda seems clearly discriminatory based on age.

The real issue is that I was hired at the opening of the business along with 30 some other people. 6 full time and around 24 part time. I was initially a part time employee and I was the youngest, thus last to bid.

Long story short, when the first full timer quit, I was hired full time over the others. Now, 2 years later, all of the other 5 full-timers also quit, so that I have been Full time longest of all employees. Still, when others moved up, their seniority was originally higher than mine, so they jump ahead of me and i'm still last.

This seems a CLEAR example of discriminating based on age, particularly when the fact that I was promoted first, suggests that I had greater merit.

 

[OmegaBunny 10+ year member]

I understand what you are saying and misunderstood when I originally read it. To me this sounds like age discrimination but since I'm now a lawyer I can't tell you for sure. If it seems like a major issue contact an attorney. Get the sleaziest one you can find because they will usually meet with you for free and if it goes to court will win the most!

Also, do you live in Wilmington or in a suburb? We go to Oak Island every summer for vacation and want to move to Southport. I want to move ASAP but my wife wants to wait a couple years.

 

[sacsking916 5,000+ posts]

depends on what you signed when you got hired. if you signed the paper saying yes you agree to the terms, well then your SOL

 

[cotjones 10+ year member]

I live in wilmington wilmington lol, not really "downtown" but right in the middle of the city. I wouldn't call it a suburb at least.

Honestly, it's ok, but i'd like to go somewhere with more opportunity.

I'm finishing up my B.S. Bio degree and then I may try to do at least one year at a crap med school like ECU, then transfer to NYU. Of course i'd love to go to johns hopkins or mayo, but so would everyone.

 

[cotjones 10+ year member]

depends on what you signed when you got hired. if you signed the paper saying yes you agree to the terms, well then your SOL

I'm pretty sure, if anything, there was only a generic "I will not sue my employer" form. However, i'm pretty sure if a court rules that they are violating civil rights, this form doesn't mean much. Not to mention I can't really care about my employment if I decide to sue, lol.

 

[thevic24 5,000+ posts]

Dose it really matter that much??