Can an employee be written for for doing something that others are doing as well?

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Can an employee be written for for doing something that others are doing as well?

My wife works in a pharmacy. She was written up for something that multiple people were doing, and was under the assumption that it was okay. When she asked why she was the only person being disciplined she was informed to not tell anyone about it or raise question or she would be fired. Is there anything that we could do if she looses her job?

Asked on December 4, 2012 under Employment Labor Law, Colorado

Answers:

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

Answered 8 years ago | Contributor

As a general ule, employees do not have to be treated equally or even fairly, for that matter. It is legally permissable to give one employee more favorable treatment than another, so long as the treatment does not violate company policy, an employment contract or union agreement. Further, such differing treatment must not be the result of actionable discrimination. Accordingly, if you were given less favorable treatment due to your status in a legally protected class, that would be against the law. However, you did not indicate such to be the case here.

Note: A protected class is one based on a person's inclusion in a certian group due to factors of race, religion, gender, age, disability, sexual orientation, national origin, etc.


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