Legal Question in Employment Law in Georgia

ok i got fired monday for violation of company policy but i been there 2 years.. the violation i commited was having my cell phone on the premises.. but is it someway i can tie it in with discrimination because everyone else have they phone but are still employed


Asked on 4/08/10, 10:44 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

There is no legally protected class of people who bring their cell phones to work, and no general requirement that an employer apply the rules strictly to everyone.

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Answered on 4/13/10, 10:52 am
Edmund Burke Edmund B Burke, Attorney at Law

I'm assuming that you are a minority or otherwise some member of a protected class. Such as one based on race or gender.

If you are, for instance, Hispanic, and this rule was enforced against you, while there are clear instances of the work rule NOT being enforced against non-Hispanics -- e.g. six other non-Hispanics were caught with cell phones in the last six months but only a couple of them got so much as a mild oral warning -- then there could be a case of illegal discrimination.

An employer may not selectively enforce work rules against one ethnic group.

Of course, just because you got it enforced against you, doesn't make a case. Maybe the others who have their phones are more discreet about it and haven't gotten caught. Maybe you're the first one to have been caught. The facts are not clear.

While there's not a general rule that an employer apply work rules strictly the same to everyone, there is a rule against selective enforcement based on, e.g., race or ethnicity.

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Answered on 4/13/10, 12:36 pm


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