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Can I Sue My Employer for Not Following Its Policies?

Company policies exist to protect both the company and its employees. They outline what is expected of employees and what employees can expect from the company.

But what if an employer doesn’t follow their own policies?

It can be confusing dealing with an employer who doesn't follow their own policies. In some cases, it can lead to an employee being fired or laid off without cause.

If you were let go from your job and believe it was in violation of the company’s policies, you may want to consider talking with an employment lawyer about your rights. You may be owed compensation for not having been treated fairly by your former employer.

Does a Company Have to Follow its Own Policies?

Employers typically have discretion when it comes to following their own policies. However, there are some situations where not following company policy can lead to a legal claim. If an employer violates policies based on the law, they could be breaking the law.

For instance, most employers have anti-discrimination policies because discrimination is against the law. If the employer violates their own anti-discrimination policies, they are most likely breaking the law.

Secondly, some employer policies operate as a contract between employer and employee. For example, an employee handbook might state that employees can only be fired for just cause. If an employer fires an employee without just cause, they may be violating the contract and the employee could have a legal claim.

Failure to Follow Policy Can Be Used as Evidence

Sometimes, when an employer violates their own policies, it can show their actions were motivated by discriminatory intent. This type of evidence can be very valuable in a discrimination case.

Let’s say your employer fired you for “excessive tardiness,” but you believe they fired you because of your sexual orientation. If the employer has a policy regarding tardiness and you did not violate that policy, the policy may be used as evidence to show differntial treatment. After all, you followed policy - so their decision to fire you was not based on policy, but motivated by something else.

We Hold Employers Accountable for Unlawful Behavior

If your employer is violating the law (and their own policies) we can hold them accountable for their actions. If you feel you’re being discriminated against or were fired unlawfully, contact us for a consultation. We’ll let you know whether you have a potential claim and how to improve your chances of a monetary recovery.


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