Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. Just on the arch of your facts alone, there is nothing illegal in that. Nothing in law requires that an employer treat every situation the same. There is no requirement to be fair in their treatment of each employee. There is no requirement to terminate everyone (or not terminate everyone) when similar offenses occur. An employer is allowed to take a case by case approach and make seemingly inconsistent decisions. So, the facts as you've outlined them don't really create a cause of action of any time. The employer here could choose the other individual over you, based on what they think the video shows. In fact, legally if the video even showed the other person to be the aggressor, they still could choose that person over you to retain because nothing in law mandates that the employer terminate the "correct" person. The only way these facts would have any legal meaning is if you can also allege a illegal motivation for WHY the employer obviously appears to prefer the other employee. Preferential treatment is not illegal unless it is based on race, religion, gender, age, disability or FMLA
use. So, if you have some other facts here to suggest that one of those was the reason why the employer here treated this other employee differently than you, THEN you would have the basis for a potential claim. That would need to be investigated by the EEOC
in your state, a free complaint that you can make to a government agency that is tasked with looking into discrimination
allegations. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.