If I recently got fired for missing some sales goals over last 4 months but another salesperson missed all the same goals, is this legal?

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If I recently got fired for missing some sales goals over last 4 months but another salesperson missed all the same goals, is this legal?

Yet theres another guy on the same employee level, same goal structure, and he missed all the same sales goals yet he is still employed because they haven’t been able to find a replacement for him. What are my options? I have all these sales numbers and sales goal contracts available.

Asked on July 10, 2015 under Employment Labor Law, Utah

Answers:

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

Answered 6 years ago | Contributor

Contrary to popular belief, not all employees need to be treated the same; they don't even need to be treated fairly. The fact is that employment discrimination is not illegal unless it constitutes legally actionable discrimination. This means that you cannot be treated differently or unfairly if you are a member of a "protected class". So, for example, if you are discriminated aginst due to your race, religion, gender, national origin, etc. that would be a violation of the law. Otherwise, your employer's actions are perfectly legal. 

The fact is that absent legal discrimination, or violating the terms of an employment contract, union agreement or company policy, an employer can set the terms and conditions much as it sees fit. This includes who to discharge and when.


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