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Ellen
Ellen, Lawyer
Category: Employment Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I understand that Ohio is a hire/fire at will state therefore

Resolved Question:

I understand that Ohio is a hire/fire at will state therefore a company can pretty much just let you go for anything. My question is lets say that one employee breaks the same rule multiple times being told each time that they are going on final warning and never loses their job. Then lets say another employee breaks the same rule once but gets no chance to defend their actions or be given another opportunity for correction. Is this legal, or justified? Is a company aloud to have a double standard? I was under the impression that if the two scenarios were identical and they let one go and another stay then there is not just cause.
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ellen replied 4 years ago.

WebLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

WebLaw :

Welcome to JustAnswer,

So sorry to hear of this dilemma. If my answer is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.

Customer:

ok

WebLaw :

The employer may lawfully treat the employees differently provided the reason for treating them differently is not prohibited by law. All employees are not required to be treated the same were held to the same standard Here is why

Absent a written agreement to the contrary, an employee can be treated differently or discriminated against for any reason, as long as the reason is not prohibited by law.Federal laws prohibit employment discrimination on the grounds of race, religion, sex, national origin, age, disability,past, current, or future military obligations, FMLA usage or filing a workers compensation claim.

Customer:

Ok, well here is another question. The employee that has kept their job through multiple last warnings for terminable offenses is an african american female. The other employee is a caucausion male, both are salary managers. The male knows for a fact that multiple african amiericans have kept their jobs for terminable offenses such as theft. The caucasion male is being terminated for supposedly swearing on the sales floor, but this can be confirmed by nobody as the complaint was filed anonymously through an 800 number

WebLaw :


You appear to have a discrimination case against your employer based upon racial discrimination.

To make a claim against your employer, you must file a "charge of discrimination" with the EEOC. The charge must be filed by mail or in person with a local EEOC office within 180 days from the date of the alleged violation.

For detailed instructions, see this link:

http://www.eeoc.gov

Customer:

Ok and this may sound pretty stupid but is there such thing as reverse discrimination or could this be considered a case that would fall under those guidlines as long as it can be proven that both situations were identical - in fact the one person has had multiple issues

WebLaw :

It is unlawful to discriminate against any employee because of race regardless of what race the person is

Customer:

ok, I will check out the web-site. thank you for the information

WebLaw :

It has been my pleasure to work with you

Thank you in advance for remembering to click accept. If you experience difficulty using the accept button, please let me know as JustAnswer pays me for my time only if the "accept" registers..

Please let me know if I can assist you in the future by requesting me directly.

Customer:

will do

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