I have been employed with said employer for 4 years. No performance write ups. Per employer time and attendance policy you are alloted so many "occurances" for a call in with less than 24 hr. notice no matter the reason.I had absences in 2013, last one was Nov 13 which put me in a disciplinary warning for attendance. Per my write up it was to be reviewed in 01/14. It was not. In 07/2014 I had to call in sick and was placed in a final warning prior to termination to be reviewed 07/2015 - one year to not call in for any reason. Fast forward to May 25nd 2015, had to call in. The next day I was suspended for a week before I was fired. Other employees are offered to work the weekend after calling in it wouldn't be considered an occurance. There is more but I'm out of room to write it here.I have other employees who can attest to the policy not being enforced consistently who themselves have had occurances removed for that reason.I have other employees who can attest to the policy not being enforced consistently who themselves have had occurances removed for that reason.No one in our department had been fired for attendance in 4 yrs.I don't understand why I was suspended when I was not a danger to my coworkers and not in disciplinary for performance. I also worked for a outsorced comp within the hospital doing ROI, because the hospital has me as ineligible for rehire they can't have me on the premises.So I've lost 2 jobs for calling in sick 3 times in 18 mo.
The real question here is why do you believe you were subject to termination for an infraction when others were not. Inconsistent policy application generally is not grounds for a law suit against an employer unless the reason the policy was used against you was for a reason protected by law, such as gender, race, ect.
Information in response to questions posted on this site is shared for general educational purposes and is not specific legal advise to be relied upon when taking any action. The facts and circumstances of situations vary and a detail conversation with counsel is required to assess a matter sufficiently to provide appropriate advice. An executed retainer agreement is required to establish an attorney-client relationship with this attorney and the firm with which she is associated.
Employers can enforce their policies inconsistently, or not at all. The question though becomes, why? If you think it was because you were part of a protected class (for instance because you were Hispanic, or because you are Jewish, or because you are gay, etc.) then it becomes a problem for the employer. Proving this can be hard to do, but making this discrimination due to being in a protected class is the first step.
The other issue raised by your post is if they could write you up at all for the attendance issues. Assuming FMLA or Georgia's version applies, it is possible they had to let you take that time off. This would depend on why you missed work, but it is a possibility. For both issues, you might seek out a local employment attorney to sit down and discuss your case to see if it is worth moving forward on. Most offer free consultations, so you have nothing to loose.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
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