Can a company that has a policy for damaging property. pick and choose who it disciplines.

Asked almost 3 years ago - Saint Joseph, MO

it's policy reads any willful or negligent acts resulting in property damage can or will result in termination

Attorney answers (2)

  1. Michael S. Haber


    Contributor Level 19

    Answered . The fact that a company has a written policy does not divest it of discretion. Similarly, it may sometimes be a judgment call as to what constitutes a willful or negligent act. And the "can or will" language (if that is indeed the language used in the written policy) underscores that the company retains discretion.

    If you think there was some sort of unlawful discrimination, that may change things. If an employee is treated different due to his or her gender, disability, age, race, color, national origin, or religion, then that is unlawful.

    Good luck to you.

    Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are... more
  2. Charles Joseph Michael Candiano


    Contributor Level 20

    Answered . I agree with Mr. Haber. As long as they don't "pick and choose" on an illegal basis, they are within their right to apply the policy unevenly. Good luck.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more

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