Can I sue my employer if they try to fire me for misuse of a website and not fire other employees for misuse of the same website?

UPDATED: Nov 29, 2012

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Can I sue my employer if they try to fire me for misuse of a website and not fire other employees for misuse of the same website?

Asked on November 29, 2012 under Employment Labor Law, Texas


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

Answered 10 years ago | Contributor

Unfortunately, this is not a case of wrongful termination. The fact is that employees do not have to be treated equally or even fairly; it is perfectly legal to give one employee more favorable treatment than another as long as the treatment does not violate an employment contract/union agreement or comapany policy. Further, such differing treatment must not be the result of actionable discrimination (e.g.if you were given less favorable treatment due to your status in a legally protected class, that would be against the law).

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

Bottom line, as an at-will employee, you can be fired for this reason, any reason or even no reason at all.

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 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.

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