Legal Question in Employment Law in Oklahoma
Punish one employee but not another for same offense.
The company published a rule two years ago. Since that time three people broke the rule. When the fourth person broke the rule they punished him. Per company documentation, his violation was not worse than the others. Can this punishment be upheld?
Asked on 12/09/08, 1:28 pm
1 Answer from Attorneys
Wayne Allison
Allison Legal, LLC
Re: Punish one employee but not another for same offense.
It is possible the punishment can be upheld. Much depends on the specific facts, and there's not enough in your question to give a more definite answer. If, for example, the one person were punished and was part of a protected class (ie, based on race, religion, gender, etc.), then there may be a discrimination consideration, but again it would heavily depend on specific facts.
Answered on 12/09/08, 8:53 pm
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