Can I sue a former GM for discrimination?

I worked for Burger King for a year and up until August, I worked nights only so I barely worked with the general manager of the store. I was always bragged on on how fast I am and how good of a worker I was from other managers to her and she wanted to move me to days because I could work in all areas of the store and I was fast. I was told upon being hired that she was interested in promoting me because I have 6 years experience in management. Well around September, I started noticing how she treated me differently when a certain employee was working which is the Main day time Drive thru person. One morning my alarm didnt go off and I woke up late. I immediately called my boss to apologize and to let her know I would get dressed and come to work, she informed me that I was suspended for 3 days. This was my first time. About a month ago, another worker was over 2 hours late for work and never was punished for it, and about 2 weeks ago, yet another worker was 2 hours and 45 minutes late and was punished either. I was wrote up and suspended. On the 21st of October, I was having a severe anxiety attack and was out of my meds, I couldn’t breathe or feel my face or fingertips and I told my boss of my problem and she said in front of another employee that if I didnt get my stuff together that she would fire me. She sent me to break not 10 minutes later and I went to the main store to speak with the district manager about the situation and because I didnt return, she fired me. I was told by this employee that she was the boss favorite and that she wouldnt punish her because she holds a card in her pocket. I have tats and piercings and feel I was fired for discrimination. She then marked me down as non-rehireable. I had never been written up before this one time or ever been suspended and I feel like she was out to get me. There has been other wrongdoing there that should have some managers fired and employees terminated but those people are still employed. Do I have a discrimination case against her for wrongful termination?

Asked on November 2, 2017 under Employment Labor Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Based on what you write, you do not have a case for wrongful termination. Employers *may* "discriminate" against employees, however they like, and may treat some employees worse than others, *except* for reasons specifically prohibited by law: there is no discrimination against workers due to race, color, national origin, sex, disability, religion, or age 40 or over. But there is no prohibition against "discriminating" on the basis of tats and piercings, and, in fact, employers commonly (and legally) do refuse to hire (or terminate, if already hired) employees and potential employees due to piercings, tatoos, or hair or dress styles of which they disapprove.

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