Could this be discrimination?

[coop00]

What is the name of your state (only U.S. law)? IL
I posted about this issue earlier this week in regards to filing an appeal for unemployment insurance benefits that were denied. (see Should I appeal?)

If my former employer gives three individuals written disciplinary action for inappropriate use of company email systems, but terminates me for the same offense, does that seem like there was some type of discrimination involved?

These other individuals were disciplined at the same time as my termination, not months ago, or anything like that. These events happened at the same time.

I think that a personal conflict with the senior network engineer might have contributed to discrimination involving my termination. This conflict involved me going over his head and sending an email to his supervisor due to his lack of cooperation on a project.

I am ready to file my appeal, and want to know if I could claim that this action was discriminatory.

Thanks!

 

[commentator]

Okay, we've been over this before. There was very likely no discrimination if you cannot prove that this company's action was based on an EEOC related issue. In other words, if you were given the firing because you are a member of a protected class, while the other three are not, and they were not fired because they were not Jewish, or white, or male, or ....a real tough one to prove. And should be taken up with the EEOC, not in an unemployment hearing.

"Because I didn't get along with the chief engineer and he couldn't stand me" is not discrimination, except the non-protected kind. Do not attempt to overcome the appeals hearing referee with your legal brilliance. This person will know it isn't discrimination, and they are not there to determine if it is or isn't. They are only there to determine if the company acted appropriately when they used a different disciplinary standard for your actions than for the other three people in regard to your termination for cause and your approval for unemployment insurance, if they had a good misconduct reason to terminate you. Just tell your story.

I think I said you might mention that you had a personality conflict with someone higher up in the company, and think this might have had some bearing on the fact that you were terminated and the other three were not. But don't try to argue legal issues about it. Just tell your story in a reasonable way.

 

[eerelations]

Unless the discrimination was based on things like your race, gender, disability, age (if you're over 40) or religion, then what occurred is not illegal discrimination.

 

[coop00]

Thanks to you both for your responses. I understand that it would not be considered discrimination of the illegal, protected variety.

I feel that terminating my employment for the same offense that others were not shows discrimination. That there was some other factor that was involved in the decision that is not being disclosed.

If you do something for three people, but not the fourth, then you have discrimated against the fourth person for some reason. Even if that reason is not illegal.

So, would you agree that it is possibly discrimination, just not the type that is actionable?

 

[ecmst12]

It's definitely discrimination. But it's still legal. Good luck with your unemployment appeal.

 

[eerelations]

It most definitely is discrimination. And there's nothing wrong with that! Because it isn't illegal discrimination. And because it isn't illegal discrimination, the UI officer handling your appeal won't be one bit interested in it.