It is legal not to have every employee held to the same standards as the other with the same job title/duties?

Get Legal Help Today

 Secured with SHA-256 Encryption

It is legal not to have every employee held to the same standards as the other with the same job title/duties?

I work for a company that requires us to use cell phones to punch in and out for shifts. These phones also track where we are in the field with GPS. This information is not always accurate and we are constantly being punished for “system errors”. Furthermore, there are a few employees that work in areas where the system does not work and they are not being tracked at all. Their time sheets are manually written and they are on the “honor system”.’

Asked on September 28, 2011 under Employment Labor Law, California

Answers:

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

Answered 10 years ago | Contributor

Unfortunately employees do not all have to be treated the same (or even fairly). In an at will employment arrangement an employer has a great discretion in setting the terms and conditions of the workplace. Therefore the same standards need to apply to all, whether or not they have the same title and/or duties.

Exceptions to the above would be if this differing treatment is in violation of existing company policy or a union agreement or employment contract. Also, actionable discrimination must not be the reason for such treatment.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption