*Important* Wrongful Termination!! + SEARS Fake Tape Evidence!!?

[AnimeGameMaster]

What is the name of your state (only U.S. law)? Alabama

First of all, this question is about my mom.
Answer as best as you can.
We live in Alabama, but what are the laws in your state?


-----------------------------------
Get to know the Manager who was terminated first.(In order to understand )

She seems like a nice lady, but she stole and committed fraud countless times at the store she worked at. The people who were over HER knew what she was doing. They let the Evidence pile up on her, and then they filed a police report against her.
But as she was escorted from the store, she yelled.
"I don't know why your just firing me, you NEED to be watching (My mom's name and her co-worker)!!"

Because she was a manager, they started to look get suspicious towards my Mother, and her coworker.
(Keep in mind, that situation had NOTHING to do with them.)
Basically, "If I'm going down in front of people, I'm bringing someone with me."

My mom was fired, and the other co-worker she mentioned is still working.
--------------------------------------…

Back to My Mom

She has been working for SEARS for a long time. (Full - Time Worker)
A week ago, from today, she was fired.
It was her day off, and they called her in. She got dressed and was there w/in the same hour. (She is a big role model for me. <3)
20 minutes after working while clocked in, they called her to a private office to discuss a tape with 2 managers. She was confused.

2 Reasons for Fire (Supposedly)

*Tape was shown of her making a fraudulent refund. (Cashier)
-They showed her the tape, and then she corrected them. They ruled it as a computer glitch. She's innocent. The drawer popped open, and she closed it. It was supposed to stay closed. Computer glitch. The customer swiped her card, no money was even to have been given!


*Tape of her giving a Manager (Mentioned Above) a refund WITHOUT the merchandise (Cashier)
-They would not show her THAT tape. They said "it was PENDING against the other Manager" who was already fired. (Read Question 1 Below) No matter how she begged them to see the tape, they would not show her.
They told her that she was on tape operating the cash register when the fraud was committed. They did not see the merchandise.
My mom told them that she remembers being there when the refund was being given. She even told them that she knew what clothes she brought back.
They also said that she let the Manager walk out of the store with the merchandise. (THAT IS NOT MY MOM's DUTY! She didnt even know... They have security officers for that..)

So, my mother was fired on the spot....
They also said it was going on her record as a Felony!!!!
(But no police report was filed) (Question 2)
She came home a wreck!! She is the main provider of the house.
I help with my little job, but it's not much...


Question 1.Doesn't that mean its pending against my mother also? She proved them wrong the first time, she wanted to defend herself on the second one. Kind of strange right? We were told, that legally, they were supposed to show her the second tape if they showed her the first one and she proved innocent. (I think the tape was fake)

Question 2. If you are supposedly fired for fraud and theft of merchandise. Wouldn't a warrant arrest be filed on her the moment they found out? Kind of Fishy...



Mom even called coorprate and they said they would look into it.
NOW the managers are getting written statements from ALL of the workers that know my mom. They are telling them what to write. Something on the lines of: how the managers did not spread my mom's business around. WTF?? Your telling them right THERE that my mom was fired!!! Dumb move... >_>Why would they need to do that in the first place?
I believe the Managers think they are getting in trouble, and they are getting scared. So they are spreading my moms name around the store EVEN more trying to protect themselves! Being reckless..

Even if they DID offer her job back. I wouldn't let her go...
They would just try to find a real reason to fire her out of spite..
Ex. Your 3 minutes late,your fired...
We just need a good reference so that we can find her a better job..
To make her happy again.


I am wondering.. Do we have grounds to sue?
She was wrongfully terminated,
We have been suffering because she can't find a good job... Crying, upset,bills, WE HAVE TO LIVE, etc.
(They gave bad work reference)
The managers that fired my mom, is spreading the incident around to the other workers..
Everyone thinks she is a theif..When she's not..she's innocent!!
They did NOT show her the reason why she was fired. They showed her one tape, but did not show her the other one.
They are destroying her character! She's not the same anymore..
I'm her daughter, I would know.
What do you think should be our next step in this?

I don't think she wants that job back.. Just to be treated fair, her name to be cleaned, an apology, and a lesson to me to not take CRAP from anyone when your innocent.




Happened a few minutes ago (after I finished typing this)

She just told me that one of her ex-co-workers just called her! I have NO idea on how they got our number! lol
She confessed that it was actually HER(co-worker) that did the refund! My mother is innocent again! But my mom's co-worker was not fired...
She even said to the managers, "That is my employee number on the receipt.I did the refund, if you want to be mad, be bad at me. The Ex-Manager brought a LOT of clothes to the cash register, and they were later put back on display by another worker.The refund was legit." This is a blessing! I KNEW she was innocent! Now everyone else will know too!What is the name of your state (only U.S. law)?

 

[swalsh411]

That is way too much info for people to read though if you are actually looking for helpful responses.

Put down the core facts as to what your mom supposedly did that got her fired and why you think it was unlawful. In general, it's perfectly legal for an employer to fire a person based on mere suspicion. They do not have to prove anything nor do they have an obligation to show all their evidence to the person they are firing. (It's not a trial and you aren't innocent until proven guilty).

Has your mom filed for unemployment benefits?

 

[janimal]

I'm sorry for your situation.

However, although it may appear to be unfair, from what you have written, it does not appear that your Mom's termination was illegal. If an employer has a reasonable suspicion of theft, that is a legitimate cause for termination.

 

[Zigner]

I'm sorry for your situation.

However, although it may appear to be unfair, from what you have written, it does not appear that your Mom's termination was illegal. If an employer has a reasonable suspicion of theft, that is a legitimate cause for termination.

Doesn't even have to be "reasonable" and it would still be legitimate.

 

[Hot Topic]

It doesn't matter what you believed or suspected, and there was nothing that you could have done because you weren't terminated.

 

[AnimeGameMaster]

It doesn't matter what you believed or suspected, and there was nothing that you could have done because you weren't terminated.

What do you mean? She was terminated on the spot!

 

[cbg]

Then SHE is the one who would have any cause of action. Not YOU. YOU have no standing to take any action since YOU are not the one who was terminated.

However, since the termination is legal, NEITHER you NOR she has any legal recourse.

 

[TheGeekess]

Alabama is an At Will state. Mom could be fired for wearing the wrong colored socks and there would be no recourse.

 

[>Charlotte<]

Alabama is a Right to Work state. Mom could be fired for wearing the wrong colored socks and there would be no recourse.

You mean "at will".

 

[cbg]

Right to work means you cannot be required to join a union to get work. Charlotte is right; you mean at-will.

 

[TheGeekess]

Right to work means you cannot be required to join a union to get work. Charlotte is right; you mean at-will.

Alabama is both, but yes, I meant at will.

 

[cbg]

Alabama is both

True, but right to work still has nothing to do with the poster's problem.

An interesting fact: 49 states are at-will. The one remaining state is not a right to work state. Therefore, it can truthfully be said that every right to work state is also an employment at will state.

 

[Banned_Princess]

Alabama is both

True, but right to work still has nothing to do with the poster's problem.

An interesting fact: 49 states are at-will. The one remaining state is not a right to work state. Therefore, it can truthfully be said that every right to work state is also an employment at will state.

Which one?????

 

[cbg]

Montana. And even Montana recognizes the at-will doctrine in some circumstances.

 

[commentator]

If she has not already done so, your mother needs to file for unemployment insurance benefits immediately. Though she was "fired on the spot" they would still need to convince the unemployment office that they have difinitive proof that she did steal, or do whatever the misconduct was in these issues they claim to be firing her for.

When she files, they will ask very specifically, Why are you no longer at the job? and What happened on the last day you worked? In other words, what very specifically happened and what did your employer say. Your mother will need to get this information to unemployment in a much more clear way than your post presents it.

There is not going to be any "wrongful termination" suit here. Unemployment benefits, if she is approved for them, will be as good as it gets in terms of recourse against being fired unjustly. It will be a long process, in this troubled economy, to be approved for benefits. Best case scenario, if she starts filing right away, will be eight to ten weeks before a claim could be approved.

Her only other recourse would be food stamps or some other kind of income based public assistance. The employer is NOT obligated to take her back just because another employee has confessed to giving the refund she was supposedly fired for giving. As we've said, she can be fired at any time for any reason, right or wrong, important or not, true or not.

Incidentally, if they do call her back to her old job, she should go. You do not get the deciding vote. A good reference may not be all she needs to get another job in this day and time. "They would just find another reason to fire her", yes, very true, always true, but it would be the same case, she could file for and receive unemployment benefits if they did not have a GOOD misconduct reason to terminate her. So she should not violate company policies and she would be okay.