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hobbes569

Guest
What is the name of your state? Massachusetts

I was a cocktail waitress at a local chain of pool halls. All of the waitresses as part of our job were required to do "a front desk shift" (assigning customers pool tables, giving them pool balls, and cashing out those customers when they were finished) usually once every week or two. At this establishment, there are about four men who literally spend every night there, playing pool and buying drinks. They had been doing this for years before I ever worked there. They are regular customers who had become part of the "family" and are friends with every manager and employee. They're even invited to company Christmas parties!
When I was trained on how to do the front desk duties, I was told by the fellow waitress who trained me that none of these men were ever required to pay for their pool time. This was reinforced by managers who, when I was still new at the front desk, would make a point to tell me that "these guys are all set". Neither I, or any other waitress there had ever charged them for pool time in the eight months I worked there. A week prior to being fired for doing this, I was told by one of the new managers that they DID need to pay for pool, but if it was late enough (around 12:30-1:00 am, we closed at 2 am) it was ok not to charge them. So I did exactly that, and was called the next day and told not to come in for the weekend. It was implied that I had been suspended. So I went in the following Monday and was told I didn't work there anymore. No one said the words "fired" or "quit". I tried to file for unemployment insurance a month later and was denied for having been fired for stealing.
I have an unemployment hearing coming up and need to know if there are any legal arguments I can use. Every waitress, bartender, doorman, and manager had access to the front desk computer at all times and not one of them at any time charged these regulars for pool time. But I was the only one fired for it.
I have spoken to many of the people who still work there and all agree how strange it is. I've been told, and knew all along, that one of the managers personally didn't like me, and when that happens, they find a way to fire the disliked person. Do I have any legal arguments?
 
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Beth3

Senior Member
The only legal argument you have is telling the truth; that is, that you and everyone else were told not to charge these gentlemen. What will make your case much stronger is if several credible co-workers testify at the hearing that they were told the same thing.

They may be relucant to attend the hearing and testify. You can, if you wish, have them suboenaed, which may make it easier for them. ("Sorry, boss, but I received a suboena. I HAVE to go.") You can discuss the procedure with the UC Division.
 
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hobbes569

Guest
Thank you so much for replying so quickly. I've spoken to five different people about doing just that, testifying, but no one is willing to lose their job or create a bad reference in the future. I know it's illegal to fire someone for testfying, but of course, they could say it's for another reason. And I'm not willing to force them to possibly lose their job for my own gain with subpeona. I guess I was hoping someone would say I at least have some chance at this hearing with nothing but the truth and my word against theirs. (All the company has to do is say I'm lying and I'm the only one to not charge these men for pool time.)
 

Beth3

Senior Member
If someone is fired for testifying truthfully at a hearing or for attending a legal proceeding subsequent to receiving a subpoena, that would be a violation of public policy and the basis for a lawsuit. I can appreciate that nobody particularly wants to go through all that though.

Unfortunately, if you are unable to provide any witnesses to support your testimony, it makes your prevailing considerably less likely but you never know - the administrative law judge may find you credible than your employer. The decision at many UC hearings boils down to who the ALJ believes.
 
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hobbes569

Guest
Thank you again. At least you've helped my confidence a little and have given me some hope! :D
 

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