Is it legal to fire one person for breaking company policy and not another person?

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Is it legal to fire one person for breaking company policy and not another person?

Another guy and I were fired because I clocked him in for work. However, the maintenance guy that is very good friends with a male manager gets to come in drunk work on machinery and drive company vehicle on company time. Where I was working there has to be at least 2 people on the premises to run the machinery there is 1 guy that comes in every Sunday and runs 2 machines by himself against company policy. Is there anything I can do about this? This is just a couple of the few things that are going on there.

Asked on May 20, 2017 under Employment Labor Law, Indiana

Answers:

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

Answered 6 years ago | Contributor

The fact is that a company can treat workers differently, and even unfairly. That is unless it constitutes a form of legally actionable discrimination. In other words, is the differing treatment due to an employee's race, religion, national origin, age (over 40), disabiltiy, etc.? If not, then it is legal. The exceptions being if such action violates the terms of an employment contract or union agreement. Otherwise, employment is "at will" which means that a company can set the conditions of the workplace much as it sees fit.

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

Answered 6 years ago | Contributor

The fact is that a company can treat workers differently, and even unfairly. That is unless it constitutes a form of legally actionable discrimination. In other words, is the differing treatment due to an employee's race, religion, national origin, age (over 40), disabiltiy, etc.? If not, then it is legal. The exceptions being if such action violates the terms of an employment contract or union agreement. Otherwise, employment is "at will" which means that a company can set the conditions of the workplace much as it sees fit.


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