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LawGirl, Lawyer
Category: Employment Law
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Experience:  I have practiced employment law.
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Does your employer have the right to punish one employee over

Resolved Question:

Does your employer have the right to punish one employee over another employee coming in late, after first employee has worked 12 hours straight and the late employee is an hour and half late before first employee calls the boss so the first employee can go home. Can an employer punish the first employee for calling the boss to releave the first employee so that employee (who has already worked now 13 1/2 hours) can go home. And then not do anything about the employee who is always late?
Submitted: 5 years ago.
Category: Employment Law
Expert:  LawGirl replied 5 years ago.

LawGirl :

Although not great business practice, an employer can use their discretion in choosing to punish one employee over another. As long as the decision to punish is not based on the employees race, age, gender, national origin, religion, disability, etc. such practices are not illegal.

JACUSTOMER-cwpg1s1h- :

My employer does this to employees who are getting an college education. I am do to graduate in March of 2011 and I have been with this business for over 11 years. And have seen him do this to all the women who are trying to get an education, one woman he fired for no real reason. My employer when I started with him was only paying straight time for over-time until the TEC got a hold of him. His policy is it is only illegal when you get caught. I worked for this employer at another hotel part-time and he fired me from that job because when I took my vacation I study aboard with a class I was taking online for 8 days. Now I am due to graduate and he is acting like he did last summer. And my college classes do not interfer with my work schedule.

LawGirl :

If he is discriminating based on education, that is not illegal. I am sorry. So unless your employer is either forcing staff to do illegal things or is doing illegal things themself, it is unlikely that there would be recourse.

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