If a rule was enrolled to target certain individauls and their work responsibility. And it is not in the employee handbook. Nor is it company wide. And breaking this rule results in termination. But also the manager inplying this rule breaks it on a regular basis and is not held accountable for it due to his/her job title.
I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.
That being said, unless you have a contract prohibiting this treatment, or if you are being treated differently due to your race, age, gender, disability, religion, etc., or being retaliated against because you took advantage of worker's comp, unemployment, the FMLA, or demanded your wages due or refused to commit a crime, then the employer can treat you unfairly or break its own rules. It may not be fair, but it is not illegal.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.
/Christopher E. Ezold/
The Ezold Law Firm, P.C.
Employment, Business and Health Law
One Belmont Avenue, Suite 501
Bala Cynwyd, PA 19004
Answered 8 months ago. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law apply, unless otherwise specified. /Christopher E. Ezold/ The Ezold Law Firm, P.C. One Belmont Avenue, Suite 501 Bala Cynwyd, PA 19004 (610) 660-5585 Cezold@Ezoldlaw.com www.ezoldlaw.com
Employment / Labor Attorney
Mr. Ezold hs summarized the law exceptionally well and you should contact him for additional information. Employment cases are very difficult and a seasoned attorney can often times make all the difference.
Each employment situation has unique facts and circumstances. This means that information and advice cannot be taken literally and should be used as only informational. The information provided here is not legal advice and should not be interpreted as such.
I agree that this does not sound like you have a case if you are not party to a contract or are a member of a union with contractual rights. However, you may have a decent unemployment case if the rule was targeted solely at you and it was unfair. However, there is not enough specific information here to give a sound response.
Wisconsin is an employment-at-will state, which means that an employee can quit and an employer can fire an employee for any reason, as long as it is not an illegal discriminatory reason.
Elder Law Attorney
The easy answer is that one can ALWAYS sue an employer for wrongful termination, but what you are clearly asking is whether *you* can successfully sue *your* employer for damages sustained as a result of your own wrongful termination. Unfortunately, you have not begun to provide the breadth and depth of background necessary to a qualified employment attorney giving you legal advice on your specific situation.
The nature of the alleged discrimination, your status in a protected class, when the incident complained of occurred, available evidence of prior instances of such discriminatory discharge, uneven enforcement of any workplace rule or practice, your own employment history (including discipline and other factors), the nature of the employer, the municipality where your workplace is located, as well as other factors, can all influence and inform the question of whether you may have a meritorious claim.
Given the fact that it's not even possible to determine from your posting when the incident(s) complained of occurred, the best advice anyone can give you is to make an appointment with an employment lawyer in your area AT YOUR VERY EARLIEST CONVENIENCE to discuss your situation in depth. You should be able to find one who will offer you an initial consultation on such a matter free or at a reasonable cost. Again, seek professional advice - and do so in person, face-to-face - on this matter immediately to avoid possible waiver of valuable legal rights by virtue of any further delay.
Any response offered is not intended as and does not constitute legal advice and should not be acted on as such. Such material is also not the legal opinion of Mark P. Albright, nor is the material represented as being all-inclusive, correct, complete or up-to-date. No one should rely on any information on this website or any other website. It is suggested, instead, that you promptly seek the advice of an attorney licensed to practice in your jurisdiction with respect to any matter referenced or discussed here.