Can you sue a company for being fired if their reason for the dismissal is not consistent throughout the company?

UPDATED: Oct 1, 2022

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Can you sue a company for being fired if their reason for the dismissal is not consistent throughout the company?

My ex employer has a no ‘talking’ policy
which consisted of not speaking of
anything that didn’t pertain to the
production line.
Every person that works on a line
talks to somebody everyday about issues
that don’t pertain to the work at hand.
If the supervisor didn’t like you, he
would use this policy as a form of write
up to push associates out or eventually
accumulating enough occurrences to be
fired. The same supervisor had shown
this personal policy he works by when he
had an associate whom committed a sexual
harassment act, and told HR its an
accident and the associate came back to
work one day after the incident. Both
associates have to work together and is
awkward for everyone around the
offensive associate. The HR dept. makes
up rules after an incident to favor
managements position and not the low
level associates concerns. Because an
assistant supervisor and a production
associate were fired for verbal sexual
harassment, the other that had physical
sexual harassment keeps their
job…..because the supervisor likes
that associate. It is so bad that his
shift makes another shift work mandatory
overtime to make up for the people who
have changed shifts, quit due to the
work environment, or gotten fired. This
shift has lost more associates than all
other 3 combined. Not to say that some
associates didn’t deserve to be fired
but, my actions were minimal compared to
others that had serious mistakes they
committed multiple times on the job and
kept their job because he liked them.
The way this supervisor makes his
decisions are all based on personal
feelings and he picks and chooses whom
gets the blunt of the axe or if you can
even move up in the company.
The opposite night supervisor also
walked me out of the building twice and
insulting me when leaving the building
just because I was wearing a face mask
that they provide associates to use when
working. The HR dept. informed me that
their would be no appology, he would be
talked with, and a new policy of face
masks could not be used unless approved
by a supervisor, the exact person that
insulted me, harassed me, and told me I
couldn’t use them now is the one I have
to ask to use them…..this was
ridiculous The situation had ended with
HR telling me to stay out of trouble
until mid July so occurrences would fall
off my record and they wouldn’t have to
let me go.
There are so many issues at this
company that stress every associate that
works on the night shifts. Having to
work with a supervisor who treats his
shift like a prisoncamp is extremely
stressful. Like when he made the Team
Leads keep track of how long associates
used the bathroom. Being told that the
product that helps people is more
important than the health and well being
of their own associates. Penalizing
associates for getting/being sick with
their mantra for associates is not to
come in if you are sick cause it could
affect the product.
Being sent home by a supervisor because
you had to come into work sick or be
fired, then penalizing the associate
There was even an instance that got 2
associates fired and I was written up
for being in an break room while waiting
to be able to cover a break.
The unique situation was they had no
work for 80 of their production staff
and had them come into work anyway.
Suprevisors wouldn’t allow associates to
go home unless they used their PTO
instead of using the ‘No Work No Pay’
policy. While waiting in a break room
that was open to everyone at the time,
myself and 2 associates went to the
break room to wait instead of
standing/sitting in the hallways as it
was a safety issue. A security associate
informed the supervisor that we were in
there and because he thought noone knew
where we were the supervisor told HR he
was trying to contact us. The associates
that chose not to go in one break room
were allowed to go and sit in another
without any repercussions. Then the
supervisor fired the 2 temp associates
and wrote me up stating that we were
‘hiding out’ and we never responded to
the supervisor calling for us. Yet the
supervisor never tried to contact us,
but told the HR dept. that was what had
happened. Now out of the 2 temp
associates that were fired, 1 had no
other issues and was never given a
warning for his actions. HR has always
sided with the supervisors and have
never been impartial when coming to
associates concerns.
The company has plenty of cameras that
have documented the whole building and
can accurately depict the work being
performed and how only certain people
would get in trouble while others do
whatever they want.
I know this is long but this company
should have a class action suit brought
against them for there work practices
and the constant stress put on
Thank you.

Asked on July 20, 2018 under Employment Labor Law, Illinois


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

Answered 4 years ago | Contributor

You don't give much by way of details. However, as a general rule workers need not be treated the same or even fairly. That is unless such treatment violates the terms of a union/employment contract or constitutes some form of legally actionable discrimination (i.e. is based on race, religion, gender, nationality, disabiity, age (over 40), etc.).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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