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SwimS

Junior Member
What is the name of your state? Ohio

I am currently in school and up until now help a part time position at JCPenney in my hometown. The store moved from it's old location at the mall to a new location across the state lines in West Virginia. I have worked for the company since 2004. I had to resign in August of 2005 to go to college, returned for Christmas Dec. 2005 - Jan 2006, resigned again, worked in the south during the summer, returned Dec 2006 - Jan 2007, resigned, worked down south again this past summer, and then in September I transferred to a school back home and started working for them again. Once the store moved I started searching for a second job, and finally found one. I decided that it would be right to tell my direct manager in the men's department. I did not tell anyone else in the store. One day another supervisor in the store told me she had heard, I'm not sure how, and that she went to the store manager and sales support manager to let them know. From that point on my hours were cut from working about 4 long days a week to working 2 short days. Last Sat I found out that I my little brother was going to be in the football playoffs and I asked them if there was any way to get the day off. They told me to find someone to work. I was unable to and was mad but decided to deal with it and work. Friday night i was woken at 3am with a stomach ache which later turned into vomiting and I was unable to move. I knew it was ironic but I called off from work. The manager I talked to cautioned me because of peak holiday season but reminded me that i was allowed 3 call offs a year. My shift was supposed to start at 230. By about 6 I finally felt better, and made a bad judgment to go to the game. My next day of work was Wednesday. I went in for work, worked about 2 1/2 hours and was called into the store manager's office along with my department manager. The store manager wanted to "talk" about my call off. I explained to her that I knew it looked bad but I was actually sick. She informed me that I was overheard on friday night by another supervisor telling anoteher associate that I was going to call off sick, which yes I remember that conversation but I also continued to say that I couldn't do that to the store. Oh I must also mention that since I had started in 2004 I had only called off one other time and go in numerous times to cover other call offs. Anyway I tried to explain that to her and then she asked me what I was told when I called off, which I repeated and still had no idea what was going on. The she brought up a meeting my department manager had with me and every other employee separately about our performances in the new store, which mine was not a bad report. Then she said that she found it ironic that I made it to the game. First I asked if she saw me there and she said she had heard form someone that I was. Then I explained to her it was after my shift had started and yes I made a bad decision and went to the game. She then said that she needed me to sign a paper saying we talked about the call off, which I did. She then said that I was being dismissed, made me turn in all my things, and told me to clock out and leave. She said the reason was I called off with teh intention to go to a football game, and that is what I agreed to when I signed the paper. I was still in shock and did not fight it. I know that my job description says that we get 3 call offs a year, and I also did not know exactly what I was signing when I signed it.

I was just wondering if she really had the right to fire me? If she fired me for calling off once then shouldn't everyone else that calls off be fired? Also, yes I was sick, and I know I shouldn't have gone to the game, but I called off, they don't have a right to check up on me like that, do they? I don't know what I should do, if anything. Any help would be great! Thanks!
 


SwimS

Junior Member
hey everyone thanks to anyone that can help, also, is there anything i can do to bring up the fact that once i got another job they cut my hours and such, like discrimination or anything?
 

>Charlotte<

Lurker
Yes, she really had the right to fire you.

Some of what you post sounds unfair, but unfair is not the same thing as illegal.

You definitely have no case for discrimination here.
 

Hot Topic

Senior Member
You couldn't make it to work, but you could make it to the football game. That's the crux of the problem.

If you didn't understand the paper they gave you, you should have asked for an explanation before you signed it.

You say that your (performance) report was not a bad report. Heard the expression "damming with faint praise (dodging the filter there)?" Sounds like they decided you were an okay employee. Maybe they already had concerns about your second job. The combo of the second job, your performance report and the football thing may have made them decide that you were expendable.
 

Betty

Senior Member
Ohio is an at-will employment state & you can be terminated at any time for any reason not protected by law (ie age, gender, religion) or unless you had a bona fide employment contract or CBA to the contrary. I see no illegal termination here.
 

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