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Best Buy Suspension/Possible Termination

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Ratman_84

Junior Member
Hello, I work for Geek Squad in Best Buy in Sacramento, CA. I've worked for the company for 2.5 years. I've always gotten along with the staff and my managers have always respected my work ethic and my ability to get things accomplished without needing much guidance.

This holiday season my mother came into the store to purchase a new computer. She also brought along her old computer, which used to be mine when I lived with her, to get a data backup performed before recycling the computer.

Policy at Best Buy at my time of hiring was that you could use your employee discount for the purchases of immediate family. To the best of my knowledge, this policy had never been changed, and I am almost certain that I never signed any documentation acknowledging a change in this policy.

So I proceeded to use my employee discount on her purchase of the data backup. Keep in mind that I am a very qualified Geek Squad technician and I could have performed this backup at home for free, and that much of the data on the machine was mine. I convinced my mom to come in and purchase the backup so that I could have the convenience of doing it at work, and at the same time help my Geek Squad precinct hit budget for the day.

After Christmas, I had the store manager pull me into the office and tell me that corporate contacted her and needed some kind of statement from me as to why I used my discount for someone else. I stated basically what I've already stated in this post and emphasised that I obviously wasn't trying to cheat the company if I had my mother come in and pay for something I could have done at home for free. The manager then asked me when I worked next and said she'd keep me updated.

Two days later I came into work and clocked in and started to work. The store manager came up to me and asked me what I was doing. She said that I wasn't supposed to come into work until the issue was resolved. I told her that she never said anything to me about suspension and never had me sign any official documentation. She didn't have a good answer for me, so I clocked out and called HR as I walked out of the store.

As of right now I have called HR to file a complaint and am waiting for an actual case worker to get back to me. It's been 1 week as of today since I've worked and I am a college student who lives alone, so the money I'm losing is very important to me. Speaking to another store manager, the only response I got was "I have to wait for HR to get back to me to let me know if you're fired or not".

My question is this: if I am fired, what legal action can I take against the company?

My direct Geek Squad manager never confronted me. No store manager ever had me sign any documentation for suspension, or even let me know I was suspended until I went into the store and started working and had the awkward confrontation with the store manager. And I'm almost certain that over the 2.5 years that I've worked there, I never signed any paperwork acknowledging a change in policy for employee discount.

This is a very important matter to me as this was the job that was going to get me through college and paid my bills (barely) each month. I've put 2.5 years into this job and as a PC technician it is infinitely valuable to be able to put on my resume. I have been an extremely good employee, always going above and beyond the call of duty and constantly receive compliments from customers and other employees.

Any help would be very much appreciated.
 


mlane58

Senior Member
Nothing in your post remotely suggests that there was any employment laws broken, so in essence you don't have a case to bring any legal action. Time to dust off the resume and look for other employment.
 

commentator

Senior Member
Unfortunately, if you have been terminated, which it appears has happened, unemployment insurance is your only recourse at this time. There is no standard of fairness, or having been informed of your suspension, or universal labor laws or procedures that any company has to follow, unless they are unionized and have guidelines due to their union contract. They can even fire you for violating a policy you were never made aware of, or that was changed without informing the employees. They can even terminate you without following policies in place in their own handbook. You can file a complaint, and a large company with a professional H.R. staff might decide to do things differently next time, but they still can do it to you. I wouldn't expect re-instatement.

No one cares whether you were a good employee, whether you need this money, whether this is fair, whether you had the best of intentions.If an employer choses to terminate you, you can be terminated. They may have taken this opportunity to get rid of you because they needed to cut staff on their geek squad, or because the manager's brother needed a job.

Under these circumstances, however, you probably can qualify for unemployment while you are trying to find another job. You should file immediately.
 
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cbg

I'm a Northern Girl
if I am fired, what legal action can I take against the company?

None, unless you consider filing for unemployment taking legal action.

1.) It is legal to change a policy going forward. If I had a dollar for every time I had an employee complain that they were not notified of a changed policy and I could reach into a drawer and pull out a signed acknowledgement from them, I could retire. But even if you are right and you never were notified of a change in policy, that is a misunderstanding and possibly an instance of poor management, neither of which is illegal or gives you legal recourse.

2.) There is no legal requirement that you sign anything with regards to a suspension.

3.) There is no requirement that the bring you back to work or notify you of a termination within any specific period of time.

If you have been off work for more than a week you can file for unemployment regardless of whether you have been notified or not, and in CA you will need to have any unused vacation paid out sooner rather than later. But as mlane points out, nothing you have posted is illegal; nothing you have posted provides you with legal recourse.
 

Ratman_84

Junior Member
So in my understanding, there are no precautions or retribution against incompetent management within a massive corporation other than forming a union?

What a great and honorable country we live in.
 

Zigner

Senior Member, Non-Attorney
So in my understanding, there are no precautions or retribution against incompetent management within a massive corporation other than forming a union?

What a great and honorable country we live in.
It goes both ways buddy. Just as much as they aren't FORCED to employ you, you aren't FORCED to remain in their employee.
 

Hot Topic

Senior Member
Sounds like you did work for your mother that also benefited you on company time. Maybe that's why they nailed you. You should either have talked to a manager to confirm that the company was okay with it or done the work at home.
 

cyjeff

Senior Member
So in my understanding, there are no precautions or retribution against incompetent management within a massive corporation other than forming a union?

What a great and honorable country we live in.
If it makes you feel better, there are no precautions or retribution against incompetent employees for a massive corporation either... other than termination.

You could have quit at any time. They can fire you at any time.

unless either is specifically prohibited by law (and this isn't), this is legal.
 

cbg

I'm a Northern Girl
So, you should be allowed to do what amounts to personal work on company time with company resources and there should be no retribution?

It cuts both ways.
 

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