? Discrimination and Wrongful Termination

[tomb2301]

What is the name of your state (only U.S. law)? West Virginia. Fired for attendance. Company policy states 4 occurrences = verbal warning, 5 occurrences = written warning, 6 occurrences = termination. Management also stated that circumstances beyond your control would not be held against you Ex - weather, traffic, death, etc.. Now I never received a verbal warning, only a written warning and then termination. Also, there are many employees that are well above the number for termination; however, they still have a job. My questions are - 1. Can a company play this kind of game? By that I mean do to one that they don't do to others? 2. The company also skipped a step in their own written policy and procedure. Can they do this?

 

[Andy0192]

No, it's not Discrimination.

Yes, they can fire you.

You can apply for unemployment while you look for a new job. If the company didn't follow their own written procedures, your claim may hold up.

 

[tomb2301]

I understand they can fire me; however, do they not have to treat me the same way they treat everyone else. If they fire me for occurrences, and I can prove that at least 5 other people have the same amount of occurrences, don't they have to fire them as well?

 

[Beth3]

No, they don't. The difference in treatment may make it more likely that you'll receive unemployment benefits but it doesn't make this a wrongful termination. Employee handbooks/company policies are not contracts. Employers are generally free to deviate from their own policies any time they wish to.

 

[Andy0192]

I understand they can fire me; however, do they not have to treat me the same way they treat everyone else. If they fire me for occurrences, and I can prove that at least 5 other people have the same amount of occurrences, don't they have to fire them as well?

No - it's not your business. If you want to fire those 5 other people, you need to buy the business, then you can fire/hire & run the place as you see fit.

They can fire someone for any reason, or no reason. They can keep some people on because they kiss up to management, while they fire those who "stand up for their rights".

Be glad you're not working for the bad company anymore & take your talents someplace where they'll be appreciated.

Good luck.

 

[tomb2301]

Thanks for the input