Employee Properly Fired for Erasing Sell-By Dates

(CN) - Frito-Lay did not discriminate against an employee when it fired him for using his saliva to wipe off the sell-by dates, a Texas appeals court ruled.

Kirk Cantu challenged the trial court's dismissal of his employment discrimination complaint.

He argued that Sandra Casso, a younger female employee, was not fired for what he called an equal infraction when she shared personal information about a store manager on her route.

Justice Speedlin of the San Antonio-based court of appeals upheld the lower court's ruling for Frito-Lay.

"Because their conduct was not nearly identical," Speedlin ruled, "Cantu was not similarly situated to Casso for purposes of establishing discrimination based on disparate discipline."

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