fired under "gross misconduct"

[juliebabu]

What is the name of your state?New York State

Hi, I have question that I believe needs some expert help. I was just fired from my job for giving someone a pill that is prescribed to me, without knowing to do so was against company policy... and even the law. I truly was just trying to help her because she asked me for one after she hurt her back. I was immediately suspended without pay, and then the next day I was fired. All my managers and even the head of security told me they believed me that it was an honest mistake, and wished they didn't have to fire me, but our home office was insisting. Then they told me I was being fired for "gross misconduct" which I had no idea what that meant at the time.

On our drug policy that I signed when I was hired it states that "any person taking a prescription drug not prescribed to them, or dispensing medication to another is subject to disciplinary action" It does not say that it's an act of gross misconduct. In fact the only place on the policy that states what is considered gross misconduct is falsifying urine specimens. And that states very clearly, "any associate who admits to or is found to have altered a specimen has committed gross misconduct and will be terminated and unable to reapply for employment with the company." Our company gives 3 "no tolerance" rules that if you break them, you are to be immediately terminated and not able to reapply ever - those are fraternization, testing positive for illegal drugs, and stealing.

My question is, do I have a legal leg to stand on in a case of wrongful termination? I mean, I do agree my actions were wrong and violated company policy, however my company (walmart) claims that all misconduct is given 3 chances to correct, verbal warning, written warning, and a suspension day or "d" day, and then after that firing. Plus, I was given Cobra insurance by my company, and cobra stated to me that gross misconduct would exclude me from benefits. So I just am very confused as to whether or not the company acted fairly in dealing with my situation. I have never had any disciplinary action while working for them, and received numerous meritorious pay increases for outstanding work ethic. I am not minimizing what I did, so please don't think that.

Thank you for any advice anyone can give me.

PS... all my superiors, store manager, regional manager, security manager, and personnel director have written me incredible letters of recommendation - can they be used to appeal my termination?

 

[neveragain77]

What is the name of your state?New York State

Hi, I have question that I believe needs some expert help. I was just fired from my job for giving someone a pill that is prescribed to me, without knowing to do so was against company policy... and even the law. I truly was just trying to help her because she asked me for one after she hurt her back. I was immediately suspended without pay, and then the next day I was fired. All my managers and even the head of security told me they believed me that it was an honest mistake, and wished they didn't have to fire me, but our home office was insisting. Then they told me I was being fired for "gross misconduct" which I had no idea what that meant at the time.

On our drug policy that I signed when I was hired it states that "any person taking a prescription drug not prescribed to them, or dispensing medication to another is subject to disciplinary action" It does not say that it's an act of gross misconduct. In fact the only place on the policy that states what is considered gross misconduct is falsifying urine specimens. And that states very clearly, "any associate who admits to or is found to have altered a specimen has committed gross misconduct and will be terminated and unable to reapply for employment with the company." Our company gives 3 "no tolerance" rules that if you break them, you are to be immediately terminated and not able to reapply ever - those are fraternization, testing positive for illegal drugs, and stealing.

My question is, do I have a legal leg to stand on in a case of wrongful termination? I mean, I do agree my actions were wrong and violated company policy, however my company (walmart) claims that all misconduct is given 3 chances to correct, verbal warning, written warning, and a suspension day or "d" day, and then after that firing. Plus, I was given Cobra insurance by my company, and cobra stated to me that gross misconduct would exclude me from benefits. So I just am very confused as to whether or not the company acted fairly in dealing with my situation. I have never had any disciplinary action while working for them, and received numerous meritorious pay increases for outstanding work ethic. I am not minimizing what I did, so please don't think that.

Thank you for any advice anyone can give me.

PS... all my superiors, store manager, regional manager, security manager, and personnel director have written me incredible letters of recommendation - can they be used to appeal my termination?

The only thing i can offer is, NYS is an at will state, they can fire you for reason they want. So i don't know about the wrongful termination.

 

[cbg]

I've seen this post, or one remarkably like it, on another board. I'm sorry you don't like the answers you received there, but they are nonetheless accurate.

You do not have so much as a toe to stand on with regards to wrongful termination. Wrongful termination does not mean what you evidently think it means. To have a case for wrongful term, there must be a specific law that the employer violated in firing you. The fact that company policy says you are supposed to get warning(s) first and you did not, does not come even close to making this a wrongful term.

The fact that you received COBRA means zip. An employer CAN refuse COBRA on the grounds of gross misconduct. They are not required to do so. If they want to offer COBRA, they can, and it doesn't mean diddly insofar as the legality of your termination is concerned.

Your employer acted legally. Your firing was legal. Calling it gross misconduct was legal. This is not going to change no matter how many boards you post the question on.

You are free to use whatever letters you have to appeal the termination if you choose to. The company is free to disregard your appeal if they choose to.

 

[juliebabu]

wow, thanks...

My goodness, you are an uptight moron aren't you. if you don't like my posts don't respond to them. Everyone doesn't fall into the same category of a miscreant you know. Some of us are legitimately good hard working citizens who just made a mistake. I guess you must be on the human resource end of things and think everyone who posts here is a loser and deserves everything they get.

I wonder what these boards are for really? I was simply looking for different experiences some might or might not have had with regard to my situation. You obviously are some saintly "god like" entity who gets great pleasure playing god over the internet...

Carry on aristotle. So sorry to have darkened your doors. Maybe you should get a real job and stop surfing the net so much to give out your negative nasty advice. Maybe if you were working you wouldn't be so bitter and cynical.

I will have another job by the end of the day because my work record and previous experience speaks for itself. After 30 years on the job without so much as a reprimand from any employers, I just thought this was a ridiculous misjudgement on my employers part. Their loss really... You should go apply to Walmart my friend, they would love to have you.

 

[pattytx]

Juli, knock off the attitude. You are dealing with one of the most knowledgeable people on this board regarding employment law. You want an opinion that matches what you THINK should happen, in contradiction with the law, go find an attorney and pay him/her to tell you the same thing.

We're volunteers here. We don't do this to get abused by people who don't like the right answers.

 

[BelizeBreeze]

What is the name of your state?New York State

Hi, I have question that I believe needs some expert help. I was just fired from my job for giving someone a pill that is prescribed to me,

And that was a CRIME.

without knowing to do so was against company policy... and even the law.

You're not 12 are you?

I truly was just trying to help her because she asked me for one after she hurt her back.

Then you won't mind helping me out. I have this itch in my crotch

I was immediately suspended without pay, and then the next day I was fired.

GOOD!

All my managers and even the head of security told me they believed me that it was an honest mistake, and wished they didn't have to fire me, but our home office was insisting.

And that is their right. They should have also called the police and this was a CRIME.

Then they told me I was being fired for "gross misconduct" which I had no idea what that meant at the time.

It means you committed a CRIME on company TIME.

On our drug policy that I signed when I was hired it states that "any person taking a prescription drug not prescribed to them, or dispensing medication to another is subject to disciplinary action" It does not say that it's an act of gross misconduct.

Doesn't have to since it was a CRIME.

In fact the only place on the policy that states what is considered gross misconduct is falsifying urine specimens.

Then that means you don't have a pot to piss in either.

And that states very clearly, "any associate who admits to or is found to have altered a specimen has committed gross misconduct and will be terminated and unable to reapply for employment with the company."

Thank you for that recitation of irrelevant information.

Our company gives 3 "no tolerance" rules that if you break them, you are to be immediately terminated and not able to reapply ever - those are fraternization, testing positive for illegal drugs, and stealing.

And COMMITTING A CRIME.

My question is, do I have a legal leg to stand on in a case of wrongful termination?

Of course you do. You have the right to sue anyone for just about anything. And you will lose. Because you committed a CRIME.

I mean, I do agree my actions were wrong and violated company policy, however my company (walmart) claims that all misconduct is given 3 chances to correct, verbal warning, written warning, and a suspension day or "d" day, and then after that firing.

And they fired you for committing a CRIME. I guess if you stick a gun in your manager's face you would expect to have a lawsuit if they fired you too.

Plus, I was given Cobra insurance by my company, and cobra stated to me that gross misconduct would exclude me from benefits.

Good. See what committing a CRIME does to your life?

So I just am very confused as to whether or not the company acted fairly in dealing with my situation.

No, not in my estimation. They should have called the police because you committed a CRIME. That would have been fair to all of us.

I have never had any disciplinary action while working for them, and received numerous meritorious pay increases for outstanding work ethic. I am not minimizing what I did, so please don't think that.

Yes you are. Each and everytime you don't recognize that you committed a CRIME.

Thank you for any advice anyone can give me.

I doubt you'll feel that way after you read this.
but you're very welcome.

PS... all my superiors, store manager, regional manager, security manager, and personnel director have written me incredible letters of recommendation - can they be used to appeal my termination?

Sure, right after you tell Wal-Mart you shouldn't be fired for committing a CRIME on their premesis and wait until they finish laughing in your face.

Now, who is the moron? To my knowledge no one responding to you has ever COMMITTED A CRIME while working.

but then, I could be wrong. CB's been a bit cheeky lately

 

[rmet4nzkx]

You came to a legal forum and received two accurate responses, apparently you have an attitude that is at the root of the reason you were terminated. My guess is that the pain medicaiton your gave to the other employee contained a controlled substance, so your termination is less than the consequences you could face if law enforcement was contacted. Count yourself lucky if you obtain employment so swiftly and don't repeat the same behaviors there.
--
All responses were accurate and Breeze was correct, what you did was a CRIME, that by definition is misconduct. Rest assured, it you attempt to sue them or collect unemployment they will contact the police if they haven't already. I hope they did!
--
To Breeze,
Wash your hands before and after you scratch

 

[juliebabu]

wrong

No Patty, That's where you're wrong. I you all are so knowledgeable I suppose I expected a slight bit of tact and professionalism in your posts is all.

I have read many posts this morning from this and the "other" websites, and the one thing that pops out again and again is the rude, condescending attitude you all have for anyone who comes here asking advise. As I said, perhaps this is your way of spitting venom to strangers and venting because you can't do so to your clients. I don't know. But you all sound like a bunch of cynical bitter HR personnel who developed this webpage in order to let off steam and treat other's with as much disrespect as possible.

I am not looking for answers to "match my opinion". I was looking for answers from qualified people who can act with respect when answering my questions and not treat everyone as if they are filth. You all need a course in tact, my friend.

 

[pojo2]

Count your blessing you do not want to know how much that pill may have cost you if the person you gave it to keeled over dead.

 

[pattytx]

You obviously have not read the majority of the responses here. What we all get sick and tired of is people rehashing the same old issue over and over again, when they are TOLD by multiple experts that they don't have a legal case. I'm done.

 

[rmet4nzkx]

No Patty, That's where you're wrong. I you all are so knowledgeable I suppose I expected a slight bit of tact and professionalism in your posts is all.

I have read many posts this morning from this and the "other" websites, and the one thing that pops out again and again is the rude, condescending attitude you all have for anyone who comes here asking advise. As I said, perhaps this is your way of spitting venom to strangers and venting because you can't do so to your clients. I don't know. But you all sound like a bunch of cynical bitter HR personnel who developed this webpage in order to let off steam and treat other's with as much disrespect as possible.

I am not looking for answers to "match my opinion". I was looking for answers from qualified people who can act with respect when answering my questions and not treat everyone as if they are filth. You all need a course in tact, my friend.

No,
YOU are WRONG.
It sounds like you also need a drug rehab program too.

 

[newtothis123]

not for nothing...

I actually had this happen to me, well kind of the same thing, a couple years ago... I know from PM'ing you that it was not a controlled substance, and for that, you should just write the company explaining yourself.

I gave my co-worker a motrin - and was fired. After I wrote to the head of the company, I was given a second chance. Not saying this will work, and it's sad when everyone is dogging you like this... I mean come on people, you don't know this person... I have been looking, reading, and observing a lot of negativity here as well. It's not up to me to judge. I have been with kodak for 36 years and have been through a lot. I also know that people try and help other people when they are in need too. My wife has given her migraine medication to her HR director before... so please get off the power and judgement trip.

Naproxin is the ingredient in that ALEVE stuff you get over the counter. So just write to your headquarters or whoever is on top and explain it to them. But I would leave out the negativity on your part as well, because that will only make people angry. I guess I can see both sides here. But you should learn a very hard lesson and as rmet said, don't do that again.

I don't think all the other bad mouthing is necessary though, really. This person doesn't sound like a drug addict and you know it. They sound frustrated and upset, and yes, they did it to themselves in a round about way, but come now, if we are professionals we should maintain that. There are 2 sides to every story, and somewhere in the middle is the truth. If what you told me in our PM is accurate then I think you should just state your case and see what happens. But you have to ask yourself how badly to you want that job back if they did give you a second chance? My opinion is learn your lesson and move on.

On another note... I do like this forum... very informative.

 

[longneck]

Naproxin is the ingredient in that ALEVE stuff you get over the counter.

it doesn't matter if a prescription medication is also available in a non-prescription form. if she was using a prescription form, then it is a prescription medication, and therefore illegal to share.

 

[newtothis123]

holy cow people

I was simply giving my two cents pal. I see you edited the screaming part of your post so I will edit mine... I highly doubt this person is going to jail over 1 single naproxin pill. Give me a friggin brake will you. They aren't selling it, pushing it or otherwise. I also realize now that it's against the law to dispense my medication, whether or not it's available in OTC form. I didn't know that until I came in contact with this directly and I think she found that out the hard way as well. It's a learning experience and you don't have to be 12 to be ignorant to parts of the law. I was 46 when I gave my friend a motrin. It was a jealous co-worker who told the boss, and let to a horrible snowball effect. SH$# happens... move on.

As I stated before - NOW YOU KNOW YOU CAN'T DO THAT, LIVE AND LEARN. only you and God know the truth and you have to live with that. Coming here and allowing someone to judge you is crazy. Do what you feel you have to, and accept the results given. You may or may not get your job back, and you may or may not get ui benefits... but you just have to get over it and move on.
peace out... hope everyone feels better no that they have vented.

 

[rmet4nzkx]

I actually had this happen to me, well kind of the same thing, a couple years ago... I know from PM'ing you that it was not a controlled substance, and for that, you should just write the company explaining yourself.

I gave my co-worker a motrin - and was fired. After I wrote to the head of the company, I was given a second chance. Not saying this will work, and it's sad when everyone is dogging you like this... I mean come on people, you don't know this person... I have been looking, reading, and observing a lot of negativity here as well. It's not up to me to judge. I have been with kodak for 36 years and have been through a lot. I also know that people try and help other people when they are in need too. My wife has given her migraine medication to her HR director before... so please get off the power and judgement trip.

Naproxin is the ingredient in that ALEVE stuff you get over the counter. So just write to your headquarters or whoever is on top and explain it to them. But I would leave out the negativity on your part as well, because that will only make people angry. I guess I can see both sides here. But you should learn a very hard lesson and as rmet said, don't do that again.

I don't think all the other bad mouthing is necessary though, really. This person doesn't sound like a drug addict and you know it. They sound frustrated and upset, and yes, they did it to themselves in a round about way, but come now, if we are professionals we should maintain that. There are 2 sides to every story, and somewhere in the middle is the truth. If what you told me in our PM is accurate then I think you should just state your case and see what happens. But you have to ask yourself how badly to you want that job back if they did give you a second chance? My opinion is learn your lesson and move on.

On another note... I do like this forum... very informative.

Nice try Julie, no cigar!
Julie you didn't give the name of the DRUG you gave to your fellow employee in your posts and it doesn't matter as the drug in the stronger perscription form is illegal to give to others no matter the company policy. If their back hurt they could have done a number of other things. Ignoreance is no defense. You don't have PM enabled, so you couldn't have PM's Julie, that is how I know it is you in addition to the writing style.

This is a site for legal advice, You have received accurate advice, this is not a support group.

2 sides of the story, we need facts, the advice is based on the facts.