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Patrick, Esq.
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Category: Employment Law
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I was the top employee at my company (a restaurant on the

Customer Question

I was the top employee at my company (a restaurant on the strip in Vegas). I know that one manager has been trying to weed me out because he is jealous of who I am dating (personal reasons).
I was fired for consuming some alcohol at the end of a corporate event, but almost the entire staff was drinking and I'm sure that the cameras can prove it.
Another female staff member recently quit because of the bullying/weeding out that she felt from the same manager as myself. I'm sure that there are others.
An EX-coworker just sent me a text message stating that he was just caught drinking and the manager simply jokingly said, "next time, I'm drinking with you."
Are variances in adherence to corporate policy guidelines a sign of discrimination and worth pursuing legally?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

"Discrimination" is simply the act of treating similarly situated people differently for an arbitrary reason. Most forms of "discrimination" are perfectly legal. Discrimination only becomes actionable when the employer's motivation for engaging in it is a legally protected trait, such as race, religion or gender. In that case, it becomes a civil rights issue.

You indicate that the reason this alcohol policy was arbitrarily enforced against you was personal reasons. That is not an illegal motivation. While unfair, employers do not break any law by discriminating against employees based on personal vendettas such as you describe. Employment in NV is "at will," and as such can be terminated at any time for virtually any reason, without regard to what is fair.

So, I'm afraid if even if you could demonstrate that your employer's alcohol policy was unfairly and unequally enforced against you, there would still be no legal claim to pursue because the motivation for that discriminatory treatment (personal reasons) is not an unlawful one.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns because it's been a few hours and I have not heard back from you. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.

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