terminated

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What is the name of your state? was employed in texas, reside in oklahoma...

Fired - inappropriate conduct

Assaulted (kicked) at work by male employee, reacted by back handing him in face promptly. employer fired me for work related misconduct (horseplay). was told i would be written up so wrote the incident statement the following day. turned it in, fired five minutes before shift ended. never seen it coming...

My question is, if it was horseplay and horseplay was tolerated and condoned and participated and often initiated by supervisor wouldnt that be impermissible discrimination? no uniformity of treatment followed.. other employees wrote up, i was terminated along with the jack in the box that started the incident..

Filing arbitration proceedings based on company policy for discipline. or should I hang with the assaulted at work?

 

[Beth3]

"My question is, if it was horseplay and horseplay was tolerated and condoned and participated and often initiated by supervisor wouldnt that be impermissible discrimination?" No, not unless the reason for the inconsistency was due to an employee's age, race, gender, religion, national origin, etc. No laws compel an employer to enforce their policies consistently.

"Filing arbitration proceedings based on company policy for discipline. or should I hang with the assaulted at work?" I'm missing your point here. Hang in for what purpose?

 

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uniform treatment

employers are to treat all employees equally
EEOC v Kohler Co, employer failed to enforce discipline policy uniformly. employee was wrong for what he did but company was discriminating by not treating all employees the same. employee won that case.

I want my job back, why can other employees horseplay and when i over react to being kicked I get fired although I was told I was only going to be wrote up.
supervisor thought about it over night and i believe she acted out of malice. it wasnt until the other employee threatened to sue the company if he got wrote up for cussing, beacuse supervisor was cussing as well .. that must have changed her mind...

 

[cbg]

If you were treated differently BECAUSE OF your race, religion, national origin, age (over 40 ONLY), gender, disability, pregnancy, or membership in a group protected by state law, then that's illegal discrimination and you can file a complaint with the EEOC or your state discrimination board.

If you were treated differently for ANY other reason, then it's not and you can't.

 

[Beth3]

The EEOC v. Kohler Co ruling is irrelevant unless the reason for the disparate treatment is a protected characteristic - age, race, gender, religion, etc.

As I said above, no laws require employers to be consistent in their application of work rules.