Not treated equally

[longsally111]

What is the name of your state? South carolina
This is a "no fault" state (?) you can be fired for any reason at any time. Here is a hypothetical situation.
A co-worker had received about 20 write ups in the last 1 1/2 years including some for offenses that were so bad, she should have been terminated ( cursing at nurses station in front of others, giving pts "chair time" in waiting room when we had rooms-pt had small bowel obstruction, etc) Not only has she never been terminated, she was never suspended. She has also had no-shows for shifts, rides the clock, etc...
Question: Another co-worker with NO write ups or pt complaints on her record was fired over a write up she received on a pt complaint. She was crying to me on the phone and I told her that I thought she could sue over discrimination in the fact that the employees are NOT disciplined equally. Am I right or is she out of luck?

 

[Betty]

SC is an at-will (not no-fault) state. You can be fired, like you said, at any time for any reason (or for no reason) just as your co-worker could have quit at any time for any reason. (unless there was a contract indicating different) It is not illegal to discipline employees differently. There was nothing illegal about terminating your co-worker for one write up no matter why other workers are or are not terminated. It would have only been discrimination/illegal if she was terminated due to a protected class - her race, age, religion, etc. It's possible it was not a fair termination but it was not illegal.

 

[moburkes]

SC is an at-will (not no-fault) state. You can be fired, like you said, at any time for any reason (or for no reason) just as your co-worker could have quit at any time for any reason. (unless there was a contract indicating different) It is not illegal to discipline employees differently. There was nothing illegal about terminating your co-worker for one write up no matter why other workers are or are not terminated. It would have only been discrimination/illegal if she was terminated due to a protected class - her race, age, religion, etc. It's possible it was not a fair termination but it was not illegal.

Agreed. 100%. Life isn't fair, worklike certainly isn't either. That doesn't make the dscrimination illegal.

 

[pattytx]

And we are responding to hypothetical situations because? Sounds like homework to me.

 

[panzertanker]

What is the name of your state? South carolina
This is a "no fault" state (?) you can be fired for any reason at any time. Here is a hypothetical situation.
A co-worker had received about 20 write ups in the last 1 1/2 years including some for offenses that were so bad, she should have been terminated ( cursing at nurses station in front of others, giving pts "chair time" in waiting room when we had rooms-pt had small bowel obstruction, etc) Not only has she never been terminated, she was never suspended. She has also had no-shows for shifts, rides the clock, etc...
Question: Another co-worker with NO write ups or pt complaints on her record was fired over a write up she received on a pt complaint. She was crying to me on the phone and I told her that I thought she could sue over discrimination in the fact that the employees are NOT disciplined equally. Am I right or is she out of luck?

What was the write-up about?
(was her error/transgression/mistake of a greater value than other people's write-up's?)

Ultimately, she still has to look for another job. She was terminated and it was not for a protected class....