failure to provide documentation of suspension

[amillima]

What is the name of your state (only U.S. law)? California
My daughter, not a minor, cashiers for a large retail chain. A cashier metric is how many guests they can entice to fill out credit apps. My daughter today was questioned by one of the chain security officers for over 2 hours. She explained for over a year now when a guest takes the time to fill out the app but gets declined, she will often discount 1 item 10 % in their sale as a thank you for their time. She had told this to her assistant manager last year, and the response was that this is not normal policy, however if you do this, only discount 1 item, and spread the discounts out. ( Basically, I feel she was told if you're creative with our metrics, don't get caught) She signed an admission of guilt, but was not given a copy.Can she be required to pay restitution on an amount she guessed at, or can she recant her statement unless provided with a copy? She is currently suspended pending investigation. What are her chances of unemployment benefits if terminated ?

 

[pattytx]

Actually, California is one of the few states, if I remember correctly, where the employer is required to provide a copy of anything the employee signed.

Any "restitution" cannot be deducted from her pay. The employer could sue if they wanted to, but this is probably a small amount of money and wouldn't be worth their time.

The employer is under no legal obligation to allow her to "recant" her statement, whether she got a copy of it or not.

Unemployment is anybody's guess.

 

[Hot Topic]

If she got approval from her supervisor to do what she did, it would be one thing. She apparently decided, however, to do what she did, then to see if it was okay with the assistant manager, who may or may not have had the right to approve it. And may claim that he gave no such approval.

I would be surprised if she weren't terminated.

 

[swalsh411]

Doing this for over a year and never being told before now to stop will help her at the unemployment hearing. If they have a halfway decent register system they should be able to get reports of whenever these discounts are being given and this is something they should have been reviewing on a regular basis.

As far as whether or not the assistant manager truly had the authority to authorize this or not.... I don't see how that's relevant. If the employee was used to going to the AM for direction and got approval from that AM for this particular discount then that's all that matters. A low-level employee is not responsible for memorizing who has authority to do what up the chain of command.

 

[Hot Topic]

It's not clear if she was doing it, then told the AM about it or she went to the AM, then started doing it.

A "low level" employee has no idea who her direct supervisor is? She wasn't told who she reported to? Nonsense.