Possiblity for Company to be Sued?

[Chamillion]

What is the name of your state (only U.S. law)? TX

I work for a company that has a running contract with a chemical facility. The company I work for has a policy regarding tardiness and absenteeism. Our site coordinator (head manager) does not operate by this policy except for those whom he seems to have a problem with. I've tried explaining to him that we should ensure that the policies are abided by regardless of how good or crappy a worker is.

There is one employee who he doesn't really care for that he sat down the other day and told him that if he was late again, he would be terminated because he was at the set amount for him to be able to do so upon his next infraction. He did not follow the procedures for the escalation of discipline such as the verbal warning, written warning, final warning; he just let him get to the last one and gave him a final warning.

There is another employee that is a very good worker, when he gets here. The policy states that if you're late 4 times within a single quarter that you're to be terminated. This guy has been late 7 times in the last quarter but because our boss likes him, he turns a blind eye. I've really tried explaining this to my supervisor that it could open the company up to a discrimination law suit, but he says that it can't.

Is this something that could very well open this company up to a lawsuit (that can be won) or am I just seeing my opinion as being more than that?

 

[Zigner]

Insubordination would also constitute a valid reason for termination...

 

[cbg]

Before you could successfully be sued, the employee who wanted to sue would have to file a complaint of illegal discrimination under Title VII and related laws (race, religion, national origin, gender, disability, pregnancy, or age (40+) ) with the EEOC, or of a characteristic protected by state law with the state Human Rights Commission. The EEOC/state HRC would most likely issue a right to sue letter. (A right to sue letter does not mean that you did something wrong - it's more like a consolation prize; Sorry, we do not see clear and convincing evidence of illegal discrimination but if you can get a lawyer to take the case, go ahead and try.) The employee would then have 90 days to find an attorney who agreed that illegal discrimination as described above had taken place; i.e. that there was a difference in treatment BECAUSE OF a characteristic protected by law. Only then could the employee file a lawsuit.

You have not provided enough information for us to judge if the employee would have reason to feel that he was treated differently BECAUSE OF their race, religion, national origin etc. But that's something you can estimate.

I agree that in the main, it's best to follow policy. But the law does allow for differences in treatment as long as they are not BASED in a protected characteristic.

 

[Chamillion]

Insubordination would also constitute a valid reason for termination...

How would insubordination apply here? Just curious because if he defines the reason he terminated him being that he violated the tardy policy, then wouldn't that limit it to only that?

 

[Zigner]

I was speaking about you...

 

[Chamillion]

Ahhh, I get it CBG. I seriously doubt it would fall under those guidelines. I think its more personal than anything. The guy is a good worker, he just doesn't get along very well with our supervisor, which kinda makes our boss single him out for stuff when everyone else does it too.

 

[cbg]

If it's not illegal discrimination under Title VII and related laws both Federal and state, then he would not be able to successfully sue. Underline successfully - anyone with a filing fee can file a suit.

 

[Chamillion]

I was speaking about you...

Don't believe I asked for simple minded assumptions.

CBG, thanks for your help.

 

[ecmst12]

Telling your boss, or your boss's boss, how to do his/her job could easily be considered insubordination.

 

[Chamillion]

Telling your boss, or your boss's boss, how to do his/her job could easily be considered insubordination.

I am second in command, and the first line supervisor for the work force here. It's my job to enforce policy, rules, and procedure but in doing so, I have to go to my boss for approval of disciplinary action. Being the first line supervisor, whenever even he disciplines an employee my signature has to be on the write up, and we were simply going over things and I gave him my welcomed perspective on the issue.

 

[ecmst12]

So it's not insubordination YET. When he says "thank you for your input, I'll take it under advisement", and continues to run his department the way he wants, if you then continue to push the issue, THEN it could be insubordination.

 

[eerelations]

As long as your input is welcomed, it's not insubordination. But the minute he stops welcoming your input, continued input becomes insubordination. Legally. We weren't being snippy, just letting you know a simple fact of life in the workplace.