Is It Legal To Fire One Employee But Not Another For The Same Breach Of Company Policy?

Can you be fired for not following company policy?

If, after considering all the evidence (including statements given by witnesses), and after considering the employee’s response, you decide the employee has engaged in serious misconduct, you may terminate the employee without giving any notice..

What does breach of policy mean?

are part of the contract. … It is therefore essential that the detail of the policy has been made known to the employee and further, that a breach of the policy may result in disciplinary action including termination of employment.

Why do good employees get fired?

These include but are not limited to stealing, frequent absence or lateness, insubordination, poor performance, drug or alcohol possession at work, and posting dumb stuff on social media. …

Can I say I quit if I was fired?

Don’t expend one drop of your precious mojo worrying about answering the question “Were you fired from your last job?” You had already told your boss you were on your way out when he got into a snit and terminated you, so you can perfectly ethically say “No, I quit” in the unlikely event that you should be asked the …

Is talking to HR confidential?

Confidentiality is critical to the integrity of HR and your organization’s reputation. HR staff is entrusted with private information. … HR department discussions about employee information should be regulated; staff should refrain from engaging in non-work-related conversations about employees outside the HR department.

Can I talk to HR about quitting?

Before approaching HR about quitting your job, think about the potential consequences it will have for your employer. If you expect confidentiality from HR, evaluate where your concerns fall. Approach the conversation knowing your resignation could create a hardship for other employees as well as the employer.

Can you fire someone because you don’t like them?

While legally you can be fired because your boss doesn’t like your personality, most companies don’t allow that for anyone below the top levels. … In most companies, your boss will have to give HR and her boss a reason for the termination and insubordination is a great one.

What should you not say to HR?

6 Things You Should Never Tell Human Resources’I found a second job at night’ Don’t make them question your commitment. … ‘Please don’t tell … ‘ Sometimes it’s best to stay quiet. … ‘My FMLA leave was the best vacation yet’ Show you’re back to work. … ‘I slept with … ‘ … ‘I finally settled the lawsuit with my last employer’ … ‘My spouse might be transferred to another city’

Do employees have to sign policies?

There is no legal obligation for an employee to sign a policy acknowledgement form and therefore employers should not try to force an employee’s signature.

What procedure should be followed when someone violates company policy?

You should take disciplinary action against an employee who violates company policies right away. You should do this because this is when what they did is most apt to be at the forefront of their mind. You also send a message to other would-be policy breakers that you mean business by doing so.

What are code of conduct violations?

It lays out standards of ethical behavior and professional conduct employees are expected to maintain internally and during interactions with clients and partners. A violation of the code means you have acted in a way that goes against the code. Doing so leads to consequences, as outlined in the document.

What Bosses should never ask employees to do?

15 Things a Boss Should Never Ask an EmployeeYour boss should save the personal photos for friends and family. … Are you expected to eat and work at the same time? … What’s the point of a vacation if you can’t truly unplug? … You can forget that relaxing beach vacation. … Working when you’re sick isn’t a good idea. … You might want to ignore that request. … Just say no.More items…•

Can your boss yell at you in front of other employees?

The short answer is yes. Legally speaking, supervisors and managers are allowed to yell at employees. However, when that yelling is about or against a protected class, the yelling may qualify as harassment. … This doesn’t mean a supervisor is never allowed to get angry or frustrated, no one is perfect.

Can I quit my job due to stress?

If your job is causing you so much stress that it’s starting to affect your health, then it may be time to consider quitting or perhaps even asking for fewer responsibilities. You may need to take a simple break from work if stress is impacting you from outside your job.

Can HR be trusted?

“Never trust HR – they work for your company, not you” At least, not unless it’s in the company’s interest. In fact, they emphatically claim that “HR works for your company – not you”, and warn employees to never assume that their conversations with HR are confidential.

Can a company violates their own policy?

The courts have held repeatedly that an employer’s failure to follow its own policies in this situation can support a finding of pretext. When your employer acts in a way that contradicts company policies, you need a legal professional on your side.

Is it better to be fired or to quit?

“It’s always better for your reputation if you resign, because it makes it look like the decision was yours –– not theirs,” Levit says. “But if you resign, you may not be entitled to the type of compensation you would receive if you were fired.”

Should I quit before Im fired?

Employees often wonder if they should quit before getting fired, in order to avoid the damaging perceptions associated with a termination. In some cases, it can make sense to resign before you’re let go. In others, it doesn’t. In either case, you should be prepared to move on.