Was I wrongfully suspended if I was treated differently than a co-worker?
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Was I wrongfully suspended if I was treated differently than a co-worker?
I was suspended one week without pay for not providing a doctor’s note on a day I’m scheduled off misconduct. Another employee with the same title, full-time, and whom is a different race, was sick on a scheduled day to work and was not required to provide a note. I have never been given written, verbal or suspended in the 5 years I have work here. Our employee handbook states,
Asked on March 28, 2017 under Employment Labor Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
First of all, unless your treatment violates the terms of an emloyment contract or union/collective bargaining agreement, constitutes some form of actionable discrimination, you have no claim here. The fact is that not all employees need be treated the same or even fairly. That having been said, since the co-worker who was given preferential treatment was of a different race, this might give rise to a discrimination claim. However, you would have to prove that your treatement was based on your race, not because of something else. Att his point, you shoud cosult directly with an employment law attorney in your area; they can best advise you further after hearing all of the details of your situation. Alternatively, you could file a claim with your state's department of labor.
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