Is it fair to suspend/furlough one worker if the co-worker that they go into a altercation with is not?

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Is it fair to suspend/furlough one worker if the co-worker that they go into a altercation with is not?

I got into an altercation with another employee on June 12th. This person has been harrassing me, verbally attacking me and bullying me since I’ve started working there I’m November. Finally I just had it and I went off on her because I over heard her speaking badly of me to my co-workers. It got out of hand and she text my boss and my boss called security. Currently it is being investigated at my job and I am currently not working but she is.

Asked on June 15, 2018 under Employment Labor Law, New Jersey

Answers:

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

Answered 3 years ago | Contributor

The fact is that not all workers need be treated the same or even fairly, unless some form of legally actionable disrcimination is the reason for the differing treatment. In other words, unless it is due to a worker's race, religion, age (over 40), disability, gender, nationality, etc., it is legal. Also, such treatment must not breach the terms of a union agreement or employment contract.


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