pays one benefits to some employees and not others

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pays one benefits to some employees and not others

the Company i work for contributes towards a vacation fund for
some employees and not others. We all work for the same place
doing basically the same work. all full time employees. can
they pick and chose who gets this benefit?

Asked on August 24, 2017 under Employment Labor Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes they can pick and choose who gets benefits. The fact is that not all employees need be treated the same or even fairly. That is unless such lesser treatment is due to some form of legally actionable discrimination (i.e. is due to race, religion, age (over 40), disability, gender, national origin, etc.). Otherwise, absent a union agreement or empliyment contract to the contrary, some workers can recieve benefits that other co-workers do not.


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