Is It Legal To Fire One Employee But Not Another For The Same Breach Of Company Policy?

Can an employer have different rules for different employees?

In short, employers may have different policies for different departments or job categories if those polices comply with existing federal and state laws.

Employers must also balance business needs with employee morale issues differing policies may create..

Does a company have to follow its own policies?

As with most rules, there are exceptions to the laws governing employment at will. In some situations, an employer is required to follow their own policies and apply them consistently, or be subject to legal liability. … Or the language of an employee handbook or other policy creates a contract.

Is it illegal to fire someone in front of other employees?

Unfortunately no, that is not a basis for a lawsuit. While it is usually a mark of professionalism to deal with terminations in a private setting, that is not legally required…

Should I quit or wait to get fired?

“It’s always better for your reputation if you resign, because it makes it look like the decision was yours –– not theirs,” Levit says. “But if you resign, you may not be entitled to the type of compensation you would receive if you were fired.”

How do I explain being fired in an interview?

How to Explain Being Fired on a Job InterviewDon’t beat yourself up. Not every employer is a perfect match for every employee. … Be honest. The truth always comes out and it’s better that they hear it from you than someone else. … Share what happened. … Emphasize what you learned. … Explain what will be different now.

Can future employers see if I was fired?

There are no federal laws restricting what information an employer can – or cannot – disclose about former employees. If you were fired or terminated from employment, the company can say so. They can also give a reason.

What should I put as reason for leaving if I was fired?

If you prefer, you can simply write “job ended,” “laid off,” or “terminated” on your application. This is recommended since your goal with your application and resume is to get an interview. You have a much better chance of dealing with the issue in person than you do of dealing with it on paper.

Can you be fired for not following company policy?

It is illegal to violate public policy when firing a worker—that is, to fire for reasons that society recognizes as illegitimate grounds for termination. Before a wrongful termination claim based on a violation of public policy will be allowed, most courts require that there be some specific law setting out the policy.

Can I say I quit if I was fired?

Don’t expend one drop of your precious mojo worrying about answering the question “Were you fired from your last job?” You had already told your boss you were on your way out when he got into a snit and terminated you, so you can perfectly ethically say “No, I quit” in the unlikely event that you should be asked the …

Why do employers ask reason for leaving?

Rational, easy to understand and accept reasons for leaving your job: You are looking for better career prospects, professional growth and work opportunities. You want a change in career direction. You are looking for new challenges at work.

Can an employer tell another company why you were terminated?

The fact of the matter is that, in most cases, employers aren’t legally prohibited from telling another employer that you were terminated, laid off, or let go. They can even share the reasons that you lost your job.

What bosses should not say to employees?

Here are 10 phrases leaders should never use when speaking to employees.“Do what I tell you to do. … “Don’t waste my time; we’ve already tried that before.” … “I’m disappointed in you.” … “I’ve noticed that some of you are consistently arriving late for work. … “You don’t need to understand why we’re doing it this way.More items…

Can a company change a policy without notice?

Can your employer do this without notice or consideration? Generally speaking, an employer cannot unilaterally change the terms of your employment. … Employers can make such changes if they provide sufficient notice or consideration.

What to Say When You’re Fired?

14 things to say when you get fired that you won’t regret’OK … … ‘Can I have a moment to process this? … ‘Would you be able to explain why I am being let go? … ‘Would you reconsider? … ‘What will you tell other employees? … ‘Is there is any support in place to help with my transition out? … ‘Do you offer a severance package?More items…•

What should you not say to HR?

‘Please don’t tell … ‘ In many cases, what you tell your HR rep will remain confidential. But a good rule of thumb is that if you’re discussing something illegal going on in your company, or you’ve been harassed or assaulted in any way, it won’t stay quiet for long.

Do jobs really call your previous employer?

When you’re applying for a job, it’s tempting to think no one is REALLY going to call all your former employers to check references about previous jobs. … In fact, a tiny number may not check any references at all. But the majority of employers will check your references.

Is a policy enforceable by law?

The difference between business policies and business contracts is one of enforceability. … Typically, a business policy is not legally enforceable or binding, unless that policy is an essential term in a business contract. Policy is not law, but a proposed course of action.

Can a company policy override law?

No, a company cannot override laws. However, a company may make lawful policies such as the one you recite. These comments do not constitute legal advice. They are general comments on the circumstances presented, and may not be applicable to your situation.