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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18808
Experience:  Employment/Labor Law Litigation
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As an employee of a huge company, is there any wrong doings

Customer Question

As an employee of a huge company, is there any wrong doings when an employee is written up with the chance of losing your job if performance issues isn't improved but another employee is not and has not meet their goals as well
Submitted: 1 month ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 month ago.

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.

That would depend on why the other employee is being treated differently. There is nothing in the law that requires an employer to treat everyone exactly the same. The employer can even be unfair in their treatment.

However, an employer can't be unfair in their treatment for certain reasons. For instance, an employer can't say "I'll treat men one way and women another" as that is gender discrimination.

The employer can't make decisions based on race, religion, gender, age, disability or recent FMLA use. However, if there are other reasons which, even if unfair, are not one of those, it wouldn't be illegal for the employer to treat one person more favorably than another. Without one of those illegal motivations mentioned, courts would just consider it "office politics" and they do not get involved in that.

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 three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 1 month ago.
I have had some previous FML I have taken and feel this could be why. Any suggestions
Expert:  Allen M., Esq. replied 1 month ago.

If you feel that FMLA was the basis, then you should file a Department of Labor complaint alleging that you were retaliated against based on your FMLA use.

That would be the only potential basis for a claim here.

Expert:  Allen M., Esq. replied 1 month ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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