What to do if my husband was recently fired for getting caught sleeping on the job?

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What to do if my husband was recently fired for getting caught sleeping on the job?

He works third which is late at night. He didn’t get no warning just automatic termination. The supervisor before him got multiple warnings and a day suspension for the same reason but did not get terminated. Is what theyre doing right? And they fired 2 other people on his shift without warning and they’re all Asian.

Asked on January 29, 2013 under Employment Labor Law, Ohio

Answers:

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

Answered 8 years ago | Contributor

As a general rule, employees do not have to be treated equally. It is perfectly legal to give one employee more favorable treatment than another as long as such treatment does not violate company policy or a union/employment contract. Also, if differing treatment is the result of discrimination that would be a iolation of the law. So for example, if your husband has been given less favorable treatment due to his status in a legally protected class, that would be against the law. In other words, there can be no discrimination in employment based on such factors as: race, religion, gender, age, disability, sexual orientation, national origin. Since you indicate that you feel race was a factor in his case, he should either contact the federal EEOC, your state equal or civil rights agency, or speak with an employment law attorney to see if he has a claim.


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