Work rules inconsistently enforced--can someone be fired? 11-15-2003
Somewhere I read that an employee cannot be found guilty of a company rule or guideline if that rule or guideline is not fairly and consistently enforced. Where can get a copy of this rule?
Ann Kiernan replies:
I wish there was a big rule book that spelled out all of employment law--it wouldn't be so confusing!
Seriously, an employer who treats people inconsistently without a legitimate business reason is opening itself to claims of unlawful discrimination, harassment and retaliation, and maybe even to claims of breach of contract or of the covenant of good faith and fair dealing.
"Be consistent" and "Have a legitimate business reason for decisions" are two of the Four Key Concepts of Employment Law, covered in our Managing Within the Law program. All managers need to know these concepts!
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