Can I be fired when other employees are not for the same incident?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I be fired when other employees are not for the same incident?
My employer had a random drug test one morning as soon as we walked in the door several of us employee’s went and done the test, I knew I was going to fail and so did one of my friends. They called me and told me I had failed and this morning my employer fired me for failing the drug test but did not fire the other employee’s that failed. Is this legal can they just fire me but not fire the others even though they also failed the drug test?
Asked on October 29, 2012 under Employment Labor Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Yes, it is legal for an employer to only fire one employee for a problem shared by several. An employer is not required to fire someone for a failed drug test; it is the employer's choice whether or not to terminate an employee. Furthermore, if you don't have an employment contract, you are an employee at will and may be terminated at any time, for any reason. Finally, no law requires employers to be fair, or treat all employees the same. Therefore, yes, your employer could fire you, but not others.
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.