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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19203
Experience:  Employment/Labor Law Litigation
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If I went to Human Resource and complained about a person harrasing

Customer Question

If I went to Human Resource and complained about a person harrasing me for two years, had several witness to come forward for human resource to tell me it's my word against the other person. So happens me and that person fought on the job she hit me as well and have witness's they suspended both of us pending investigation the called her back to come in and called me and told me I was fired because all they seen her do is defend herself on the camera. There have been several incidents where people were only defending themselves and not passed one blow and they fired both help.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year 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. 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.
Expert:  Allen M., Esq. replied 1 year ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. 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.