Need some opinions, please.

[Rileq1]

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

Hey all. Former retail manager here, 7 years with this particular company.

I was let go from my job about a month and a half ago. The initial reason was because of a missing deposit that was misplaced. It did turn up right before I was let go. I was interviewed by Loss Prevention about it and let them know that it had been misplaced, was found and depositied and the deposit slip shown to the LP manager. I was suspended that day.

During the interview, when asked what I thought the company should do about my situation, I had said that a first and final would be fine, probation, whatever. I had made a mistake; I should pay a price. I was ok with that, as it was simply a mistake and nothing was lost. Never had an issue before with anything or anyone; never written up for this issue. I also had mentioned that I thought some other issues should be looked at within the district, namely false sales reporting. LP took an interest in this, said ok and that I would be suspended until HR and the company took everything into account.

I was fired 3 days afterward.

But something my boss said struck me as strange. He had made a mention about how if I felt managers were forging numbers, I should have come to him first, and not taken it to LP.

Fast forward a few weeks, I try to file for unemployment and I'm nearly declined because the company reports I was fired for "excessive absenteeism". What? Who put that down? That had nothing to do with the initial interview at all! My unemployment came through only because my company couldn't prove what I was actually fired for!

Additionally, I find out through people still in the company that stores were being looked at for the exact same thing I had mentioned to LP, numbers fraud. Manages that ran high percentages were suddenly being moved into different stores, and some were even fired.

But I digress.

My question is: I know Nevada is an "At Will" employment, but who set that "excessive absenteeism" in my file? My former boss? Couldn't that be considered malicious because that wasn't why I was fired? That nearly cost me my unemployment benefits and could possibly cost me future employment if they find that on my record? If it was my boss that submitted that reason to HR, is there anything I could to to argue that? How do I know my boss didn't just make up a reason to fire me because I opened my mouth about possible issues in the district, and HR is none the wiser and just accepts his reason at face value? Would that still be reason enough to fire me? If that's the case, any upper level of management could make any excuse up to get rid of anyone and get away with it!

It just doesn't add up, and I feel like I might have had a chance to keep my job, if my boss wasn't so afraid of losing his.

Any advice would be appreciated. Thank you.

 

[cyjeff]

Were you excessively absent?

 

[Rileq1]

Were you excessively absent?

Not even close. I was a salaried manager and was working 55 hour weeks the month I was let go. I had never been disciplined for absenteeism, as it was never an issue. I always worked more than what I should have.

 

[Hot Topic]

I don't get the absenteeism; however, I can see why you'd run into trouble with the claim regarding false sales reporting: Why is he/she just now bringing that up? What proof does he/she have?

 

[Rileq1]

I don't get the absenteeism; however, I can see why you'd run into trouble with the claim regarding false sales reporting: Why is he/she just now bringing that up? What proof does he/she have?

I think you misunderstood.

I'm not being pegged as having the fraudulent sales. I mentioned to the Loss Prevention manager that OTHERS in the district may be committing fraud.

I *believe* that got back to my boss and he may have let me go to protect himself. Other managers had done much worse (failing consecutive inventories, ect...) and still managed to keep their jobs.

 

[commentator]

As I just got through saying on another post, I worked many years for unemployment services, and even on these posts here, every day or so, we get one of these, "I was told I was being let go for performance issues, and I filed and then they told the employment office I was caught stealing" because frankly, employers do that all the time. There's just an assumption that either the claimant or the employer may be lying their heads off. I've never seen any civil action taken for libel. They just do their best to sort it out in unemployment hearings.

Yeah, the employer probably got you in the position you were in, where you'd made a little mistake, and then decided to go on and fire you, simply because it was absolutely convenient, and because you'd raised some issues, and maybe because they needed to cut some staff at this time anyhow. Maybe because your supervisor was aware of the irregularities and not doing anything about them and you ruined this little picnic. They can if they want to. They are supposed to give the true reason for your separation to the unemployment office, but sometimes....

And they probably know this, but absenteeism is a real easy one to get people knocked out of drawing with, IF they can document that they had reasonable proof that you DID have absenteeism issues and that you'd been warned and had disciplinary process and knew your job was in danger and that you voluntarily were absent again.

But you can't sue anyone for keeping you from drawing your unemployment maliciously, and the company hasn't given you a bad reference yet, and you can certainly make provision for the possibility that you might get one. You can say beyond question it was proven that the absenteeism issues they raised were determined to be invalid. The fact that you were approved for benefits says they did not have a very good case.

Someone else may be able to help you as to whether you can perhaps ask the employer what sort of reference you could expect, and suggest maybe they might not want to mention absenteeism. I don 't know if this could be done as a threat legally, but it couldn't hurt to at least inquire.

 

[Rileq1]

If it were to turn out corporate has an invalid reason for my dismissal, could I possibly take the case to court against my boss?

 

[cbg]

Not unless you had a valid and supportable reason to believe that the REAL reason you were termed was an illegal reason. Claiming you were fired for absenteeism when you were actually fired for something else is not inherently illegal UNLESS the "something else" is specifically prohibited by law.

 

[Rileq1]

Not unless you had a valid and supportable reason to believe that the REAL reason you were termed was an illegal reason. Claiming you were fired for absenteeism when you were actually fired for something else is not inherently illegal UNLESS the "something else" is specifically prohibited by law.

Like a immediate supervisor attempting to cover up his fraudulent sales?

I still believe that I was fired because I knew too much and that my company's HR department doesn't know the true reason for my firing. Why else would they list absenteeism and run the risk of it being challenged through unemployment? Had they listed a true, provable reason, they'd be $10k richer in the sense they wouldn't have to pay out of their account for my unemployment benefits.

 

[ecmst12]

No, that would not be an illegal reason.

 

[Rileq1]

No, that would not be an illegal reason.

Wow. So basically, in an 'at will' state, a supervisor can say you were caught stealing to HR and have you fired, even if it's not true, and you'd have no legal recourse against them for taking away your right to work?

Amazing. I think I'm going to move.

 

[pattytx]

Amazing. I think I'm going to move.

Where to, China? Bye!

 

[nosracm]

When you say "fraudulent sales", do you mean that an illegal activity was taking place?

 

[cbg]

Also, did you report the fraudulent sales to anyone?

 

[Yertle8]

Wow. So basically, in an 'at will' state, a supervisor can say you were caught stealing to HR and have you fired, even if it's not true, and you'd have no legal recourse against them for taking away your right to work?

Amazing. I think I'm going to move.

They aren't taking away your right to work, they are simply ending your ability to work at their specific company.

When the posters here say 'illegal' in this sense, they mean the firing itself being for a reason prohibited by law. You can be fired over something that isn't true.

If you're going to move to avoid this type of thing you'll have to severely limit your location of choice - 49 states are 'at will.'