What to do if my boss is threatening me with termination for something multiple other employees have done and not gotten in trouble for?

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What to do if my boss is threatening me with termination for something multiple other employees have done and not gotten in trouble for?

Asked on April 19, 2012 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you do not have an employment contract--and most people do not--you are an employee at will. An employee at will may be fired at any time, for any reason--including for doing things that other employees do. As a general matter, the law does not require that employers be fair, logical, or consistent.

The exception is that the employer may not single you out for  termination if it is doing so due to a discriminatory reason. Under federal law, it is illegal to discriminate in employment on the basis of race, religion, sex, age over 40, or disability. Washington State adds some additional protected categories: Creed, Color, National Origin,  Marital Status, Family with Children Status, the Use of a Trained Dog Guide or Service Animal by a Person with a Disability, honorably discharged veteran or military status or Sexual Orientation/Gender Identity.

If you've been singled out for one of the above reasons, that would seem to be illegal and you may have an employment discrimination claim; otherwise, in the absence of an employment contract, it would be legal.


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 AttorneyPages.com 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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