The short story is as follows: An employee is terminated one month after receiving a verbal warning. The reasons for termination are not the same as the reason for the verbal warning. Note that the employee had received one other written disciplinary notice 4 plus years ago and was temporarily suspended at that time. The terminated employee has retained an attorney. The attorney has alleged that the Employer violated its own policies in that his client’s termination violates the Progressive Disciplinary Procedures; the disciplinary notice that terminated the employee has a date discrepancy (minor issue); and other employees have committed more serious policy violations and have not been disciplined. The question I have is a violation of an Employer’s own policies and procedures actionable? Also, does anyone have an employment lawyer that they would recommend? Any help you can provide is greatly appreciated.
Sounds like you have a problem. I don't know if violating the county's own policies is per se actionable, but if the fired employee is a member of a protected class, and the other employees who were not disciplined are not members of a protected class, there might be a discrimination claim. Or if the fired employee can show the reason for the termination was a pretext for discrimination (and the lack of discipline for others might help in that regard), there may be a discrimination claim.
Does your county have a human resources department? If so, what have they told you?
