Moving from full time to PRN/part-time employment-Agency will not reimburse my services until state reimburses them.

Recently, I decided I wanted to pursue an advanced degree, last year another co-worker of mine did this and went from full-time to part-time/ PRN employment. She was compensated only on billable hrs worked. We work for a social service agency that is compensated by the state by contact spent face to-face with clients billable hours. My co-worker submitted her time work into ADP bi-weekly and was paid as such. I am being told that if I wish to transition to same

Asked on March 8, 2018 under Employment Labor Law, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no law requiring coworkers to be treated or paid the same, except as indicated below. As a general matter, since employment in this nation is "employment at will," an employer is free to determine the terms, conditions, duties, and compensation for *each* job and could treat any employee--or every employee--differently if the employer chose.
The exception is that certain types of discrimination--principally on the basis of race, national origin, age 40 or over, sex, disability, or religion--is illegal. An employer cannot treat an employee differently for one of those reasons. If they are, the employee may have an employment discrimination claim and may wish to contact the federal EEOC or state equal/civil rights agency.

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