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How Twizzlers got two people fired.

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What is the name of your state? Georgia

I apologize in advance for the length of this post but the situation is fairly complex. Also, the character background of one of those involved is important.



The incident

I had just come into my afternoon shift. I grabbed a Dr. Pepper and a pack of Twizzlers out of our candy section as I did every day I came in. My friend (We will call him Dave) was running the register because we were short on people that day. Dave told me that we were nearing the end of the sales month and that the two of us were tied for highest Max-Assurance seller. This was an ongoing competition between Dave and I. We were the two best Max-Assurance salesmen in the store. For the past seven months one of us had won the Top Seller award for each sales month. We were responsible for over 60% of the stores total Max-Sales for the past quarter. This month we were tied at around 45 sales for the month, the next highest was an employee with 19 sales.
Now as I am prone to whimsical acts I decided to do something funny. ( I had not yet clocked into work, I was just buying my drink and candy). I had a short conversation with myself in front of Dave.

"Hello sir, I see you are buying some Twizzlers"
"Why yes I am."
"Did you know that for only 2.99 we would ensure that those Twizzlers will make your mouth happy?"
"Really? Well that's great! I'm definitely going to get that!"
I then turned to Dave.
"Excuse me sir, I'd like to buy the Max-Assurance plan on this pack of Twizzlers."

Dave laughed and asked if i was serious. I said "Yup, it's worth three bucks to beat you out this month. Just make sure you put my name down on the sale." Dave did. I paid him for my candy and drink, including the extra money for the attached Twizzler assurance plan. I ate my Twizzlers during work and when I finished I informed Dave that they had indeed "Made my mouth happy". Other employees, including a manager, saw it happen and thought it was hilarious. We talked about it for a couple of days. Side note : Dave STILL beat me out that month!

The repercussions:

About a week later I was asked by my manager into the office. I was asked to speak with someone on the phone. It was a woman from the Office-Max corporate headquarters. She told me her name and said that she was head of the Loss Prevention department for this region. Even initially she seemed supremely agitated. She asked me if I remembered purchasing a soft drink, a pack of Twizzlers and a Max-Assurance the previous week. I told her that I did. She asked me if Dave sold me those items. I said that he did. She asked me what the Max-Assurance was attached to. I told her it was attached to the Twizzlers. She asked if I was aware that Twizzlers were not eligible for Max-Assurance. I told her that I was aware of that. She asked me why I did it. I told her (in all honesty and not really afraid of having done anything wrong) that I had received a larger than normal paycheck that week and I wasn't worried about money; that I thought it would be funny; that I enjoyed working there (which was true) and I wanted to help the store's Max-Sales, and that it was a jokey element of a personal contest between Dave and myself. She became extremely belligerent and condescending at this point. She asked if I was aware that I would receive commission for the sale. I said "Yes ma'am, but the Assurance plan cost 3 dollars and I knew I would only be receiving a 50 cent commission for it. It wasn't about that at all. I knew more of my money would go to the store than what I would get in commish." Her anger peaked at this point and she accused me of being unethical, immoral and thieving (I was HIGHLY confused). I was asked to make a written statement and to give it to my Manager, I was also informed that i would be on suspension until further notice. My manager was EXTREMELY apologetic toward me saying "I'm so sorry about this. I'm gonna get this worked out. They've talked to Dave too and he's suspended as well. I can't believe they are doing this. I'm sorry"
I talk to Dave and find out that he got much of the same treatment. They asked him why he allowed the sale. He said that he saw it as harmless and felt it would boost morale and those employees who witnessed it would have an enjoyable and thus more productive day. (Which was also true, Dave's a big sweetie). A week passes, during which time Corporate sends down the word to fire Dave. Dave tells me that the manager was in tears. I get called in and shown my release papers that I must sign. They are the same as Dave's and claim that I am being released from employment due to extreme unethical conduct and theft. My manager did indeed start to cry. I had never seen her cry before. The loss prevention department never interviewed us again after that initial phone call, never questioned us beyond the bare facts of the situation, and refused to hear any character testimony from the store manager or it's employees.
Dave and I both received sympathy e-mails from almost everyone in the store. Dave especially. Dave was on salary at the time with health insurance benefits which he lost. The time was 2 weeks before Christmas. His wife was 4 months pregnant. They fired him for being unethical.

I'm really not too concerned about myself. I'm a college student and can get by alright without a job and my mother's support. But my friend is newly married and has a little boy on the way. He did not deserve this and I am beyond livid at the heartless corporate evil that is Office-Max. Please tell me there is something that can be done about this. It happened a while ago and I had given up hope but I came to this sight to see about a different problem initially and just figured maybe someone would know something about this too. If anyone needs any more info just ask. And as unbelievable as it seems I have been completely honest in my retelling of events. They really were just that evil about it.
 
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Also, the store manager who I mentioned giving me my release papers resigned 2 months later. Said she couldn't work there anymore and cited the Twizzler incident as one of the reasons.
 

ecmst12

Senior Member
Nothing illegal happened and what the two of you did was EXTREMELY stupid, bordering on dishonest. I hope you learned from the experience so that when you finish college and actually need to support yourself, you will know better.

BTW, you can cut out the entire first half of your post. It's irrelevant to the situation and no one is going to read it.
 
Your free legal advice is that we were stupid and dishonest? Also, your legal advice is that you hope I learned from the experience so that when I graduate from college and need to support myself I will know better? Half my post is irrelevant and no one will read it? ( Since they will use their amazing extra sensory internet perception to tell it is irrelevant before they read it! :D AMAZING!)

Almost you're entire post is irrelevant.

I'll make a separate thread for advice pertaining to the intelligence and morality of my actions. And another for advice as to my choice of information to post. But I was hoping for mainly Legal advice on this particular thread. Thanks for letting me know nothing illegal was done though. At least there was a tiny sliver of legal advice in there ;)
 

Just Blue

Senior Member
I, personally, didn't bother reading your post (beyond the first paragragh) because of the irrelevent crap you posted.
 

Zigner

Senior Member, Non-Attorney
Mister Darkwing...

The only illegal act is that which you and "Dave" performed.

Legal advice? Like what? You didn't even have a QUESTION in your whole post.
 
I, personally, didn't bother reading your post (beyond the first paragraph) because of the irrelevent crap you posted.
See I told you they had ESP. :p

Oh, and by the way, I've already explained the situation to a woman with a P.H.D. who teaches Ethics and Society and Business Ethics at the University level. She believed the actions of the corp. to be reprehensible. So I've already gotten some advice on the morality of the situation from a pretty reliable source; I was actually hoping for something more along the lines of legal advice. I got the moral part covered already but thanks...legal now, legal.
 
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Mister Darkwing...

The only illegal act is that which you and "Dave" performed.

Legal advice? Like what? You didn't even have a QUESTION in your whole post.

Please tell me there is something that can be done about this.
Sorry I didn't actually use a question mark.

Listen, if you don't have anything to tell me about this or if you don't want to read it just move on to another thread. Why would you claim to have wasted your time reading a thread and then waste more time posting on that thread?
 

Just Blue

Senior Member
See I told you they had ESP. :p

Oh, and by the way, I've already explained the situation to a woman with a P.H.D. who teaches Ethics and Society and Business Ethics at the University level. She believed the actions of the corp. to be reprehensible. So I've already gotten some advice on the morality of the situation from a pretty reliable source; I was actually hoping for more of legal advice.
Sooo...How does that make what your boss did "illegal"? You received your legal advice. The manager did nothing wrong...you did by your own admission. That the manager MAY have handled this in a more gentle manner is irrelevant. S/he did nothing against the law. Period.
 

Perky

Senior Member
Your free legal advice is that we were stupid and dishonest? Also, your legal advice is that you hope I learned from the experience so that when I graduate from college and need to support myself I will know better? Half my post is irrelevant and no one will read it? ( Since they will use their amazing extra sensory internet perception to tell it is irrelevant before they read it! :D AMAZING!)

Almost you're entire post is irrelevant.

I'll make a separate thread for advice pertaining to the intelligence and morality of my actions. And another for advice as to my choice of information to post. But I was hoping for mainly Legal advice on this particular thread. Thanks for letting me know nothing illegal was done though. At least there was a tiny sliver of legal advice in there ;)
I did read your entire post, out of curiousity, and because I'm procrastinating today. I enjoyed the Twizzler part.

However, most of the posters will not read it because they search these forums to help as many people as possible. If they have to spend so much time reading one post, they won't bother, since they can read and respond to 5 others in that same time.

Ecmst was advising you to remove the irrelevant parts of your post. As I said, I did read the entire post, and I agree with ec. All you need in your post is a description of the twizzler incident, and the outcome.

Also, I hope you realize that ecmst was saying that OfficeMax did nothing illegal.

One last thing... I may be wrong, but your side note about Max Assurance seems a bit libelous or slanderous or whatever the correct term is. You may want to consider removing it.
 

>Charlotte<

Lurker
I had nothing better to do while waiting for an upload, so I took that post and cut out all the unnecessary crap, as follows. See the difference? In fact, even some of my version can probably be cut out. I think this guy just loves to hear himself talk.

-------------------------------------------------------
I am a former employee of Office Max. Office Max offers an insurance plan on some of their merchandise. I bought a pack of Twizzlers at work. My friend Dave was running the register. I paid for a "Twizzler assurance plan" that I came up with as a joke.

A week later I was asked by Loss Prevention if I remembered purchasing a pack of Twizzlers and a Max-Assurance, and if Dave sold me those items. I said yes. She asked if I was aware that Twizzlers were not eligible for Max-Assurance. I said yes and that I had thought it would be funny. She asked if I was aware that I would receive commission for the sale. I said yes.

I was asked to make a written statement and to give it to my Manager. I was also informed that I would be on suspension until further notice. The next week, both Dave and I were fired for extreme unethical conduct and theft.

Is there any legal action Dave and/or I can take as a result of being fired for this issue?
-------------------------------------------------------

When you get right down to it, Darkwingpuck, you could have simply asked:

I live in an at-will state, and was fired for a reason other than illegal discrimination, nor was this termination in violation of any employment contract. Is there anything I can do about this?

The answer would have been "no".
 

Beth3

Senior Member
Is there any legal action Dave and/or I can take as a result of being fired for this issue? No.

Oh, and by the way, I've already explained the situation to a woman with a P.H.D. who teaches Ethics and Society and Business Ethics at the University level. She believed the actions of the corp. to be reprehensible. So I've already gotten some advice on the morality of the situation from a pretty reliable source With all due respect, university professors don't live in the "real world." You pulled a stupid prank that looked like you and your pal colluded on getting you some extra commission on the sale. Even though you didn't take the situation seriously, your employer did.
 

anteater

Senior Member
Dude... You can all the fun at work that you want. But, when tha fun includes entering bogus transactions into the accounting systems, you are asking for trouble.
 

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