Legal Mag Question

[BmillsSkier]

A close aquaintance of mine is being called out for not following certain protocols at work and is facing termination.

While it is true that he cut corners, albeit minor and not fraudulent, he has many many documented examples of his co workers doing the same. The difference is that the co workers are not being called to the carpet and facing the same consequences. On the contrary, some are held in high regard as model employees when referencing the issues with my buddy.

My question to you is: is this selective enfocement illegal and would it constitute basis for possible legal action following termination?

There are no pre-existing problems with the company with him by the way.

[Hutch]

What state? At-will employment? He's fucking fired, and there's nothing he can do about it.

[Steven S. Dallas]

I tend to agree. I know next to nothing about employment law, but if he's an at-will employee, and is lacking a cause of action created by statute or case law (age discrimination, racial discrimination, he's a lesbian, etc.) then he's probably S.O.L.

[Hutch]

I had a 3-hour employment CLE tonight. Just got home from the bar where I went after the CLE, which was so fucking depressing because Utah is such a employer-friendly state. As a lesbian, I am horrified. Pete, you going to be up for a while?

[Steven S. Dallas]

Little while, yeah, but I should mention that I'm pretty hammered. Made the mistake of buying three big Delirium Tremens on the way home to clean the house and darned if one thing didn't lead to another.

[Danno]

assuming the following:

at will state (as most are)
no employment contract or employee manual that guarantees a certain process
not in a protected class (eg race, nationality, age)

he's fucked

[BmillsSkier]

Employed in Ohio, not so sure it's at will. I don't have his employment contract. I'd assume if he was, then they would have just terminated him today after meeting to discuss these issues with his performance, instead of going through the motions and filing reports with HR etc...

Is there such a thing as just plain ol' discrimination? I know proving that would be legally hard, however if documented examples of letting others slip by on the same illegal (not allowed in company practice) procedures while persecuting him are presented, wouldn't that help build a case?

[BmillsSkier]

assuming the following:

at will state (as most are)
no employment contract or employee manual that guarantees a certain process
not in a protected class (eg race, nationality, age)

he's fucked

tons of employee manuals that explicitly outline company procedure and policy regarding everything from daily routine to conflict resolution.

Would telling the industry help?

[Danno]

Employed in Ohio, not so sure it's at will. I don't have his employment contract. I'd assume if he was, then they would have just terminated him today after meeting to discuss these issues with his performance, instead of going through the motions and filing reports with HR etc...

Is there such a thing as just plain ol' discrimination? I know proving that would be legally hard, however if documented examples of letting others slip by on the same illegal (not allowed in company practice) procedures while persecuting him are presented, wouldn't that help build a case?

nope, there isn't. discriminated upon based on what? because they think he's a jerk, or just plain don't like him, is ok. Because he's black, not ok.

tons of employee manuals that explicitly outline company procedure and policy regarding everything from daily routine to conflict resolution.

Would telling the industry help?

could possibly have a cause of action if they are not following the procedure. just because they are not firing someone else who did the same thing may not matter, so long as they're dotting i's and crossing t's with him. possibly. but to evaluate that, he needs to call the state dept of labor and/or contact a local employment attorney.

For all the complaining people do about how we've left the constitution in the dust, we're socialist not capitalist, etc, my understanding of the reality is that it is pretty hard to successfully pursue a cause of action against an employer for these kinds of things.

[Hutch]

See if the employee manual says something about employees being at-will. If so, it's not an employment contract, and the employer doesn't have to abide by it.

I didn't see where you answered Danno's question about whether or not he was in a protected class.

[cj001f]

even if he has a case he won't see a dime

[BmillsSkier]

unfortunately for him, he's not black, brown, yellow, gay, or lesbian if that answers it.

FWIW, He does have cases in the past where said manager has told him that he "must not hang around any black people." Making the ridealong very uncomfortable since his blackness was now in question.

...The manager is black, and they had just seen an account owned by black individuals of which my buddy has a great repor with.

[BmillsSkier]

even if he has a case he won't see a dime

I dont think he's looking for a dime, I think he just wants to leave on good terms with a severance package and not just out on the street. He's looking for leverage.

[cj001f]

he has none

[Hutch]

He's looking for leverage.

This is a very different question than you asked in your original post.

is this selective enfocement illegal and would it constitute basis for possible legal action following termination?

Maybe he could hire an attorney to write a letter describing his causes of action against the company and get them to pay attention enough to sweeten his severance package slightly, assuming we're not talking about Arby's.

He should shoot for an amount that is less than it would cost for the employer to hire a lawyer and figure out that a white kid has no claims, or <$325.

[Steven S. Dallas]

Maybe he could hire an attorney to write a letter describing his causes of action against the company and get them to pay attention enough to sweeten his severance package slightly, assuming we're not talking about Arby's.

This is probably his best (and only) shot, if he's set on litigating. Threaten spurious action and get the company to cough up half of their likely legal fees as a "severance package." It might be better to make nice and get (f)unemployment benefits instead of being cut off entirely, though- if the company says he was canned for cause then he's not eligible, right? Better to get them to play it off as a layoff.

[komo]

This is probably his best (and only) shot, if he's set on litigating. Threaten spurious action and get the company to cough up half of their likely legal fees as a "severance package." It might be better to make nice and get (f)unemployment benefits instead of being cut off entirely, though- if the company says he was canned for cause then he's not eligible, right? Better to get them to play it off as a layoff.

yeah, especially if he's some kinda protected class

[BmillsSkier]

This is probably his best (and only) shot, if he's set on litigating. Threaten spurious action and get the company to cough up half of their likely legal fees as a "severance package." It might be better to make nice and get (f)unemployment benefits instead of being cut off entirely, though- if the company says he was canned for cause then he's not eligible, right? Better to get them to play it off as a layoff.

lookin like this is the path he's taking to get some leverage with said manager to get a nice severance package.

Thanks to all you mags for your input.

Spurious action threatened, HR notified, HR really interested, Ombudsman severely pissed off at said manager, queen bitch on notice...


will post as allowed...