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Thread: OT: Fired for what an employee did...

  1. #1
    Regular Member TechnoWeenie's Avatar
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    OT: Fired for what an employee did...

    So, I managed a sprint store, up until today.


    I had an employee who my DM would not let me fire... I wrote him multiple times for the same stuff...bad attitude, poor customer service, everything you can think of..

    They finally fired him yesterday..


    I come into work today, and my DM shows up with a new hire that he didn't tell me about, then tells me that they're firing ME because of numerous customer complaints about the guy I wanted to fire.

    So. I couldn't fire him, and I was forced to 'let him work' (I couldn't send him home) ....but I'm responsible for his actions.

    W T F.


    So now I'm unemployed because of a POS employee who I wanted to fire a long time ago.....

  2. #2
    Regular Member carry for myself's Avatar
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    complain to corp. usually all DM's in large chain stores like that have to backup sand save all company emails. if it is proven that you brought this up to the DM, and the DM fired you for said employees actions, that is null and void and the punishment should go to the DM. what they did was wrong and im pretty sure illegal. if you still have the e-mails forward them to corp. with a complaint detailing the incident and ask for corp. review. good luck
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  3. #3
    Regular Member TechnoWeenie's Avatar
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    DM is a power unto himself. No realistic appeal.

    Technically, I got fired for the STORE numbers... my numbers have always been great, but as a store, they were lacking.

    I would've had to work 80 hours a week, and I was already working my days off to cover this retard.

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    Regular Member SpyderTattoo's Avatar
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    Well, you could apply for a job with the WAC security staff... Just sayin'.
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    Founder's Club Member thebigsd's Avatar
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    It really stinks that you got fired. Sorry about your troubles. Strange that you have no line of appeal. Think of it as a catalyst to find another (better) job. Good news is a lot of retailers are beginning to hire to ramp up for the holiday season. You should be able to find a job to hold you over until you find the job you want. Best of luck to you.
    Last edited by thebigsd; 10-21-2011 at 11:32 PM.
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    Campaign Veteran slapmonkay's Avatar
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    I am sorry for your unemployment, I hope you find work soon.

    Quote Originally Posted by SpyderTattoo View Post
    Well, you could apply for a job with the WAC security staff... Just sayin'.
    This game me a good chuckle.
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    Regular Member hermannr's Avatar
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    document everything you can and find a good lawyer that will take you on contingency.

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    Opt-Out Members BigDave's Avatar
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    Quote Originally Posted by hermannr View Post
    document everything you can and find a good lawyer that will take you on contingency.
    This is not a right to work State, they can let anyone with out a contract go at a whim.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    Regular Member 1245A Defender's Avatar
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    ummm,,,

    Quote Originally Posted by BigDave View Post
    This is not a right to work State, they can let anyone with out a contract go at a whim.
    yes they can let you go.
    I think they shoud not have told him why.
    If they just let you go, their is no recourse.
    When they provide cause, they may have to defend it.
    Now TW has a club that could be used to show he was Unjustly Fired.
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  10. #10
    Opt-Out Members BigDave's Avatar
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    I feel and do hope some day that things will move forward to have just cause to fire someone but for now, my understanding unless the business has violated federal law there is not much hope in succeeding.
    Try to find an attorney to take the case on contingency, Sincerely I doubt you will find one, but good luck anyways.


    http://www.lni.wa.gov/WorkplaceRight...on/default.asp


    Workers cannot be fired for filing a:
    • Workplace rights complaint.
    • Safety complaint.
    • Injured worker claim.



    Q. Is it legal to be fired from a job for no good reason?
    A. Yes. Washington is what's called an "at will" state. Businesses may fire "at will." There are no laws regarding dismissal, so businesses are not required to give warnings or follow any particular steps.

    Q. Who can a worker contact if he or she believes the firing was based on a discriminatory reason?
    A. Workers may seek the advice of a private attorney about filing a suit for wrongful termination. Workers may also contact the Human Rights Commission at 1-800-233-3247 if there is a concern about discrimination based on age (40+), race, sex, marital status, national origin, religion, or physical, sensory or mental handicap.

    Contact the Human Rights Commission:
    Olympia/Western Washington: 1-800-233-3247
    Seattle/Western Washington: 1-800-605-7324
    Yakima/Eastern Washington: 1-800-233-3247

    Another agency to contact about possible discrimination based on a violation of civil-rights laws is the U.S. Equal Employment Opportunity Commission. For a toll-free connection to the nearest EEOC office, call 1-800-669-4000.


    Q. Are there any laws about what kind of reference a former employer can give?
    A. There are no state regulations addressing references. Workers may consult with a private attorney regarding the possibility of a civil suit, but L&I has no authority to accept complaints on this issue.
    Last edited by BigDave; 10-22-2011 at 02:39 AM.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

  11. #11
    Regular Member TechnoWeenie's Avatar
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    Correct.

    Unless there is a 'we won't fire you unless you do XYZ' contract, they can say they don't like the pleats in my trousers and kick me out.

    I have no claim under state law, nor civil court.


    I may have an L&I case because of overtime and not being exempt (long story), and because I wasn't fired for 'gross negligence' then unemployment should be a shoein.

  12. #12
    Regular Member sudden valley gunner's Avatar
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    Sorry about what happened John. It sucks to be out of work especially in this economic climate. Sounds like there might be some personality conflicts between you and the guy above you and he was looking for an excuse to let you go anyway. Try Shucks/O'reilleys they are always looking for good managers and have excellent benefits.


    I hope we never ever become a socialist right to work state. Government mandating people be forced to work together......(vomit).
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    Regular Member amlevin's Avatar
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    Quote Originally Posted by BigDave View Post
    This is not a right to work State, they can let anyone with out a contract go at a whim.
    Not exactly. They can as long as no specific reason is stated. Most HR lawyers advise to merely say things like "we've decided to go a different direction" or "your services are no longer required".

    The moment a specific reason for dismissal is stated then the discharge is "For Cause" which then has to be justified.

    The Company also has to follow any procedures spelled out in the Employee Handbook. If it states a specific procedure, starting with warnings, etc, before termination, then they are bound to follow it. The Employee Handbook has been found by Courts to be a "Contract".

    Based only on what was stated I would think there might be a good case for "Wrongful Discharge" especially if there was documentation that the Manager was barred from taking action to improve the performance of the Store.
    Last edited by amlevin; 10-22-2011 at 10:35 AM.
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    Quote Originally Posted by amlevin View Post
    Not exactly. They can as long as no specific reason is stated. Most HR lawyers advise to merely say things like "we've decided to go a different direction" or "your services are no longer required".

    The moment a specific reason for dismissal is stated then the discharge is "For Cause" which then has to be justified.

    The Company also has to follow any procedures spelled out in the Employee Handbook. If it states a specific procedure, starting with warnings, etc, before termination, then they are bound to follow it. The Employee Handbook has been found by Courts to be a "Contract".

    Based only on what was stated I would think there might be a good case for "Wrongful Discharge" especially if there was documentation that the Manager was barred from taking action to improve the performance of the Store.
    + 1000

    Amlevin is the only one so far that really understands Washington labor laws.

    There should be a mandatory semester taught during high school on labor law, rights, business deductions, how to read a balance sheet and balance a check book etc. If we could teach that to the kids they would be oh so much better off.

    John hang in there there are lots of jobs for you out there.

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    Same thing happened to my son at another company. Doubled the sales numbers. Provided evidence that captured an employee burgular. Turned out the DM had a friend that needed a job.

    No recourse.

  16. #16
    Regular Member amlevin's Avatar
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    Quote Originally Posted by Orphan View Post
    + 1000


    There should be a mandatory semester taught during high school on labor law, rights, business deductions, how to read a balance sheet and balance a check book etc. If we could teach that to the kids they would be oh so much better off.
    There used to be some sentiments for a class or two like this. Some referred to it as an "Urban Survival Course".

    Unfortunately, it was never included in the WASL Test so teachers don't teach any of this anymore. Likewise for most history classes (other than those that involve the civil rights movement). Unfortunately, because we aren't teaching our upcoming generation much History we are most likely doomed to be repeating it.
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    Quote Originally Posted by BigDave View Post
    This is not a right to work State, they can let anyone with out a contract go at a whim.
    "At-will employment" is the phrase you're looking for. "Right to work" means you can't be forced to join a union.

  18. #18
    Opt-Out Members BigDave's Avatar
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    Quote Originally Posted by amlevin View Post
    Not exactly. They can as long as no specific reason is stated. Most HR lawyers advise to merely say things like "we've decided to go a different direction" or "your services are no longer required".

    The moment a specific reason for dismissal is stated then the discharge is "For Cause" which then has to be justified.

    The Company also has to follow any procedures spelled out in the Employee Handbook. If it states a specific procedure, starting with warnings, etc, before termination, then they are bound to follow it. The Employee Handbook has been found by Courts to be a "Contract".

    Based only on what was stated I would think there might be a good case for "Wrongful Discharge" especially if there was documentation that the Manager was barred from taking action to improve the performance of the Store.
    They can be specific to why they let someone go but I do feel many find it easier to be generic in nature.

    Granted if they do have a employee handbook and it spells out disciplinary actions or actions warranting termination then maybe but this is a he said she said and nothing is in writing or is there a witness that is willing to testify as many fear losing their position if they talk against the boss/owner.

    So back to finding an attorney to take the case on contingency I still say it is highly doubtful, or how about you Orphan you are an attorney correct? Step up to the plate and take a swing.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

  19. #19
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    Quote Originally Posted by BigDave View Post
    They can be specific to why they let someone go but I do feel many find it easier to be generic in nature.

    Granted if they do have a employee handbook and it spells out disciplinary actions or actions warranting termination then maybe but this is a he said she said and nothing is in writing or is there a witness that is willing to testify as many fear losing their position if they talk against the boss/owner.

    So back to finding an attorney to take the case on contingency I still say it is highly doubtful, or how about you Orphan you are an attorney correct? Step up to the plate and take a swing.
    BigDave I am not an attorney, I do not have a law degree. I however am very well versed in labor law, construction law and corporate law in several states I had to be in order to succeed at my old business and have to be to run my current consulting business. However I never give legal advice to anyone for any reason. Believe me when I say I paid dearly for my education but it was in attorney fees over the years.

  20. #20
    Regular Member amzbrady's Avatar
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    Do they have to...

    give you a reason for termination?

    put it in writing?

    give your your paycheck before the next payday?
    If you voted for Obama to prove you are not a racist...
    what will you do now to prove you are not stupid?

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    Regular Member amlevin's Avatar
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    Quote Originally Posted by amzbrady View Post
    Do they have to...

    give you a reason for termination?

    put it in writing?

    give your your paycheck before the next payday?

    No.

    No.

    And still No. The paycheck only has to be presented on the next scheduled payday, not before. http://www.lni.wa.gov/WorkplaceRight...ay/default.asp


    In an "At Will" State all the employer has to do is tell the employee that their services are no longer required. That satisfies the "Law". As for putting anything in writing, the fact that the person was terminated is usually put into their file. Again, once any "reason" other than an "at will termination" is stated then the termination becomes "for cause". That's when Lawyers start making money.

    As I said, just saying "goodbye" satisfies the Law in an At Will State. There might be more required by Corporate Policy and that will vary from Company to Company.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

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