What to do if company policy is enforced against one employee but not another?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What to do if company policy is enforced against one employee but not another?

One employee did something against what is written in the code of conduct but the company didn’t terminate them. The other employee did something not quite as bad in violation of against what is written in the code of conduct. However, they were terminated. Is the employee has case to file against the company by not giving equal decision?

Asked on September 25, 2011 under Employment Labor Law, Florida

Answers:

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

Answered 11 years ago | Contributor

The fact of the matter is that employees do not have to be treated equally. Under the law, it is permissible to give one employee more favorable treatment than another. That is as long as such treatment does not violate company policy or an employment contract or a union agreement. Also, if the differing treatment is the result of of some form of actionable discrimination then that would be illegal. No one can be given less favorable treatment due to their status in a legally protected class (i..e. there can be no discrimination in employment based on such factors as: race, religion, gender, age, disability, sexual orientation, national origin).

Absent any of the above an employer is free to set the terms and conditions of employment much as it sees fit. In turn, an employee can choose to work for an employer or not.


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 lock Secured with SHA-256 Encryption