Is it legal to fire one person for breaking company policy and not another person?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal to fire one person for breaking company policy and not another person?

Another guy and I were fired because I clocked him in for work. However, the maintenance guy that is very good friends with a male manager gets to come in drunk work on machinery and drive company vehicle on company time. Where I was working there has to be at least 2 people on the premises to run the machinery there is 1 guy that comes in every Sunday and runs 2 machines by himself against company policy. Is there anything I can do about this? This is just a couple of the few things that are going on there.

Asked on May 20, 2017 under Employment Labor Law, Indiana

Answers:

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

Answered 3 years ago | Contributor

The fact is that a company can treat workers differently, and even unfairly. That is unless it constitutes a form of legally actionable discrimination. In other words, is the differing treatment due to an employee's race, religion, national origin, age (over 40), disabiltiy, etc.? If not, then it is legal. The exceptions being if such action violates the terms of an employment contract or union agreement. Otherwise, employment is "at will" which means that a company can set the conditions of the workplace much as it sees fit.

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

Answered 3 years ago | Contributor

The fact is that a company can treat workers differently, and even unfairly. That is unless it constitutes a form of legally actionable discrimination. In other words, is the differing treatment due to an employee's race, religion, national origin, age (over 40), disabiltiy, etc.? If not, then it is legal. The exceptions being if such action violates the terms of an employment contract or union agreement. Otherwise, employment is "at will" which means that a company can set the conditions of the workplace much as it sees fit.


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