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  1. #1
    Join Date
    Mar 2012
    Posts
    11

    Default Employer Applies the Rules Differently to Different Employees

    My question involves labor and employment law for the state of: Mid Atlantic region. My home state was NJ, but work MA region. Company is west coast based.

    There are 50 or so employees with my job title. As part of our job, we are supposed to catch people stealing, both customers and employees. We are ranked versus each other by head count and dollars recovered. There are rules we have to follow or else we will be terminated. We cannot falsely accuse someone or we will be terminated. We cannot be in the bottom ten for more than six weeks or we will be terminated.

    Problem lies with certain employees breaking the rules either with permission or without permission. Those with permission are company favorites and are allowed to do so because of being liked by the bosses. The ones without permission do so and are not called on it. In addition, others are given access to programs and tools to do the job, where as others of us are not and must wait on someone from corporate to help us.

    I am on verge of being fired as I am bottom ten due to the unfair things in play. I average 2 to 3 people stealing a week for over $1000 recovered per week for $20k recovered YTD. Do I have any recourse if fired?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Employee Scorecard

    Quote Quoting capurato
    View Post
    Do I have any recourse if fired?
    Nope. An employer does not have to treat employees equally, as long as the basis for the different treatment is not one of the protected classes of individuals such as race, gender, religion, etc./

  3. #3
    Join Date
    Mar 2012
    Posts
    11

    Default Re: Employee Scorecard

    Ok even though we are expected to do the same job and are rated vs each other?
    What about disciplinary rules? I will be fired for breaking a rule, yet an employee with my exact job title and responsibility will not. Does that open the company up for any legal action?


    I compare it to packing boxes. You give one guy a machine to help and the other guy has to do so by hand. You the fire the guy who's doing it by hand because he's not keeping up with the guy with a machine.

    I guess I should look for a new job as this company does not operate in the most ethical ways anyway.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Employee Scorecard

    life isn't fair

  5. #5
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Employee Scorecard

    You'll be eligible for unemployment benefits if your performance is poor in relation to other employees that are granted access to superior tools to do the job.

  6. #6
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Employee Scorecard

    There are no laws prohibiting employers from treating employees differently as long as the different treatment isn't based on the protected characteristics listed by jk. Employees having the same job title and duties is not a protected characteristic.

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