Can I seek legal action for wrongful termination due to unequal treatment if I was fired for disciplinary reasons that were never put on other employees?
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Can I seek legal action for wrongful termination due to unequal treatment if I was fired for disciplinary reasons that were never put on other employees?
For example I was written up and fired for being late but another colleague no called no show for 2 days straight with no consequences.
Asked on September 11, 2015 under Employment Labor Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The fact is that not all employees need to be treated the same or even fairly. The only time that unequal treatment in employment violates the law is if it contitutes some form of retaliation on the employer's part or if legally actionable discrimination is the cause for an employee being treated differently than their copworkers.
So, for example, if you were fired due to your race, religion, gender, sexual orientation, age or disability i.e. for being a member of a "protected class", you would have a claim. If not, then while seemingly unfair, your treatment was legal. That is so long as you were not protected under the terms of a union/collective batgaining agreement, employment contract or th circumstancs surrounding your dismissal did not violate exisiting company policy.
Without more specific details of your situation, it's hard to say. If you feel that you were illegally treated, then you can contact your state's department of labor and/or consult directly with an employment law attorney in your area.
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