Can I be fired when other employees are not for the same incident?

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Can I be fired when other employees are not for the same incident?

My employer had a random drug test one morning as soon as we walked in the door several of us employee’s went and done the test, I knew I was going to fail and so did one of my friends. They called me and told me I had failed and this morning my employer fired me for failing the drug test but did not fire the other employee’s that failed. Is this legal can they just fire me but not fire the others even though they also failed the drug test?

Asked on October 29, 2012 under Employment Labor Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, it is legal for an employer to only fire one employee for a problem shared by several. An employer is not required to fire someone for a failed drug test; it is the employer's choice whether or not to terminate an employee. Furthermore, if you don't have an employment contract, you are an employee at will and may be terminated at any time, for any reason. Finally, no law requires employers to be fair, or treat all employees the same. Therefore, yes, your employer could fire you, but not others.


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