What to do if company policy is enforced against one employee but not another?
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What to do if company policy is enforced against one employee but not another?
One employee did something against what is written in the code of conduct but the company didn’t terminate them. The other employee did something not quite as bad in violation of against what is written in the code of conduct. However, they were terminated. Is the employee has case to file against the company by not giving equal decision?
Asked on September 25, 2011 under Employment Labor Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The fact of the matter is that employees do not have to be treated equally. Under the law, it is permissible to give one employee more favorable treatment than another. That is as long as such treatment does not violate company policy or an employment contract or a union agreement. Also, if the differing treatment is the result of of some form of actionable discrimination then that would be illegal. No one can be given less favorable treatment due to their status in a legally protected class (i..e. there can be no discrimination in employment based on such factors as: race, religion, gender, age, disability, sexual orientation, national origin).
Absent any of the above an employer is free to set the terms and conditions of employment much as it sees fit. In turn, an employee can choose to work for an employer or not.
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