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student1980

policy enforcement

7 posts in this topic

Just a simple internet search of the phrase, "inconsistent policy enforcement", returns a massive amount of results.  Articles explaining to companies and employers the best way to stay out of court or legal troubles.  A lot of talk about an employers inconsistent enforcement of policy and also lack of documentation of employees. Is there any legal avenue that could result in a claim against an employer?  A claim not for reemployment but for a settlement. The state is NC.

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I did hire an attorney for the matter.  To this date, the last communication had was that he was still searching for any legal precedent to support a claim for me.  Do you have any thoughts on his statement?  Am I just being humored?  

9 minutes ago, doucar said:

Possibly, but without some facts it would be impossible to say with any certainty..

 

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18 minutes ago, student1980 said:

I did hire an attorney for the matter.  To this date, the last communication had was that he was still searching for any legal precedent to support a claim for me.  Do you have any thoughts on his statement?  Am I just being humored?  

 

 

The problem is that the details matter. In many instances it is perfectly legal for an employer to treat employees differently or apply policies inconsistently. In some situations though, it would be a problem for the employer to do that. The particular policy at issue and why the employer was inconsistent in applying it matter a great deal. It can also make a difference how large the employer is, i.e. how many employees it has. There is no one size fits all answer to this. 

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42 minutes ago, student1980 said:

Is there any legal avenue that could result in a claim against an employer?

 

Yes.

 

 

26 minutes ago, student1980 said:

I did hire an attorney for the matter.  To this date, the last communication had was that he was still searching for any legal precedent to support a claim for me.  Do you have any thoughts on his statement?

 

Facts matter.  You provided none.

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3 hours ago, student1980 said:

Do you have any thoughts 

 

 

Yeah, here's one.

 

You should have added these questions to your other thread that has background information so you wouldn't have wasted everybody's time just to get answers that we can't say because you provided no details.

 

Sigh.

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If this is indeed related to the events in your other thread, nothing you have posted is clear evidence any illegal behavior on the part of the employer. The fact that your attorney is still, after we gather some passage of time, trying to find a precedent for a legal claim would indicate that the additional facts he no doubt has does not change the answer.

 

Inconsistent policy enforcement is not, in and of itself, illegal and there can be valid reasons for not enforcing a policy in the same way all across the board.

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