Lake George, NY asked in Employment Discrimination and Employment Law for New York

Q: Using non-payment of incentive as evidence of hostile work environment and discrimination?

A company has different departments. Some department has incentives and some department doesn't. The incentive basically works on how much time you save. So for example: You complete a 60 minute assignment in 30 minutes. So any time you save is added to your weekly check.

Every so often employees would be required to help in a department that doesn't provided incentives so to counter this the company start another incentive which was an extra $3 an for every hour work after you've worked 4 hrs or more in the department without the incentive. This was created in our for the company to make up for the loss money that the employee could've made working in their own department.

If a supervisor changes the criteria of this incentive and/or doesn't pay it at all when it is the criteria is met, can this be used to as evidence for discrimination and hostile work environment?

1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • Employment Law Lawyer
  • Tarrytown, NY
  • Licensed in New York

A: I think you need to call some employment lawyers. We would need to inquire much more about the facts which are actually motivating the changes to pay practices.

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