needs advice on what to do...

[prettyltlrebel]

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


i was called into the office of the retail store of which i work. i was asked about my loyality card (kind of like a bonous card for the supermarket) and who i use it for. i told them just my mom and me. i was told that my cashier number has appeared with my loyality card numerous of times. basically i was accused of scanning my loyality card during sales to gain the points for the coupons they get. i denied this as i was not scanning my card as it was always in my wallet in my locker. this went on for about an hour. they kept using words like we want to help you, let us help you, we know people make mistakes, just tell us why you did it....i wanted to go to my locker to check the number of my loyality card but i was told that if i left the office i would be considered uncooperative and it felt like if i did not cooperate i would loose my job. so i stayed and tried to reslove the issue. they asked me how many coupons that i thought i recived as a reslut of this, and i could not guess. they asked what i used the coupons on, i told them things for my kids. they pressed me and pressed me and told me they did not want to bring in a third party. they had me scared that i could loose my job, not something i can afford since i have 3 kids. i asked them what we needed to do to reslove this and they told me i had to write a statement, as to the dollar amount of the coupons i had recived which i had to guess at around 50.00 dollars. over the year and and a half that this program has been going on. and i was asked if i could pay this money back. after an hour of this and being scared i agreed. i signed a statement and then afterward, someone from the corprate h/r called and told me i was fired.
i find all this ironic as i and other employees have had a problem with one of the managers over the past year, just last month i contacted the ethics line to report her behavior. i was in the process of speaking with someone at the corprate level about this mananger. (we were playing phone tag) and then this happens. i want to apply for unemployment but do not know if i will get it or if they will fight me on it. i do not know what to do about this. do i have any kind of case if they come after me? i agreed to pay the 50.00 and have given them 25.00 so far. i am scared. please help. thanks

 

[GonzoFL]

So,what was next if you didn't sign their statement,water boarding. My advice is to file for unemployment....if they fight it...fight back....and I would be dammed if I'd pay them any money back. I realize everyone needs a job....but they don't need a job like you had. Good Luck.

 

[pattytx]

Were you actually fired? I read your post a couple of times and didn't see that. Of course, without capitalization and paragraphs, your post is pretty hard to read?

 

[fairisfair]

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


i was called into the office of the retail store of which i work. i was asked about my loyality card (kind of like a bonous card for the supermarket) and who i use it for. i told them just my mom and me. i was told that my cashier number has appeared with my loyality card numerous of times. basically i was accused of scanning my loyality card during sales to gain the points for the coupons they get. i denied this as i was not scanning my card as it was always in my wallet in my locker. this went on for about an hour. they kept using words like we want to help you, let us help you, we know people make mistakes, just tell us why you did it....i wanted to go to my locker to check the number of my loyality card but i was told that if i left the office i would be considered uncooperative and it felt like if i did not cooperate i would loose my job. so i stayed and tried to reslove the issue. they asked me how many coupons that i thought i recived as a reslut of this, and i could not guess. they asked what i used the coupons on, i told them things for my kids. they pressed me and pressed me and told me they did not want to bring in a third party. they had me scared that i could loose my job, not something i can afford since i have 3 kids. i asked them what we needed to do to reslove this and they told me i had to write a statement, as to the dollar amount of the coupons i had recived which i had to guess at around 50.00 dollars. over the year and and a half that this program has been going on. and i was asked if i could pay this money back. after an hour of this and being scared i agreed. i signed a statement and then afterward, someone from the corprate h/r called and told me i was fired. i find all this ironic as i and other employees have had a problem with one of the managers over the past year, just last month i contacted the ethics line to report her behavior. i was in the process of speaking with someone at the corprate level about this mananger. (we were playing phone tag) and then this happens. i want to apply for unemployment but do not know if i will get it or if they will fight me on it. i do not know what to do about this. do i have any kind of case if they come after me? i agreed to pay the 50.00 and have given them 25.00 so far. i am scared. please help. thanks

Of course they are going to fight you on unemployment.

You said you signed a statement. What did it say? if you admitted to stealing (using your card) you can bet that they will win an unemployment decision, even if you appeal.

And yes, they can come after you if you admitted to theft and agreed to pay it back.

and quite honestly, I don't believe your story either.

 

[pattytx]

Boy, that "I was fired" was embedded in there so deep, I didn't catch it.

And honestly, I'm not sure I believe your story either. Your card was used, that is clear. You say your card was never out of your possession or was locked in your locker. How would someone else get it? Are you saying your locker was broken into? (shaking head here)

 

[katmo7]

Can’t the Company check when your card was scanned and from what register it was scanned from? That seems like a pretty basic thing they should be able to do with their system. Then they can compare what register you were on and if you were working at the time/s the card was scanned. If so, then it’s obvious you were scanning your card when customers were checking out and if not then it’s obvious you weren’t using your card like they are claiming. What hard facts and proof do they have that you scanned your card during sales? It sounds like there is none and if so they could be falsely accusing you of theft.

However, the fact that you signed something admitting to what they accused you of is key. You should have never never of signed anything! Why sign something falsely accusing you of something if you are innocent like you are claiming? You could argue that you were under distress when you signed the letter and that you asked to leave during the investigation but they refused to let you and you felt forced to sign the letter. You might be able to get off on signing the letter under distress, but I doubt it. The fact that you asked to leave and they refused might help. Typically when you ask to leave during an investigation meeting they have to let you leave and cease asking you all questions. Just like if you request to a co-workers presence during disciplinary procedures and they refuse a company would be violating the law (most people aren't aware of that but it's true). What does the letter you signed specifically say/or accuse you of? What did you admit to?

You could tell them you want a complete investigation done and proof to show that your card was used during customer sales as they are claiming or else you will be contacting a lawyer for having them falsely accusing of gross misconduct - theft. That will get the Company to move fast.

Did HR give you a specific reason for why you were fired when they called you? What exactly did they say? I would call HR and tell them you want a letter in writing saying you were terminated and you want the reason why you were terminated documented in the letter. Call up your HR department and do this immediately! You don't want them saying it was another reason or no reason at all why you were terminated. Get it in writing that it was because of theft and then if they falsely accused you and it's proven they have no facts the Company could be liable.

 

[commentator]

commentator

Very good, katmo, this person needs to get that statement from HR about exactly why they are saying was the reason for termination. I hope to goodness she also got a copy of the statement she signed admitting to whatever she admitted to.

I also find it a little bit hard to believe that this person is lilly pure in this scenario, simply because it's hard for me to imagine ever agreeing to sign anything that admitted I had done this if I hadn't, water-boarding be darned! I guess some people are more easily intimidated. It sounds as though they went really to the line about coercing her and intimidating her. But paying them back the $50???? Excuse me, but why?

As soon as you receive your statement of why you were terminated, or even if you don't have it, then the first Monday you are not at work, you need to begin the process of filing for your unemployment benefits. They will ask for the reason you are terminated. They will ask IF YOU DID WHAT THEY ACCUSE YOU OF. Your tack, of course, is to deny that you did any wrongdoing, and reiterate that your card was in your locker during your work hours. If there is a way they can go back and check who scanned what when, you need to tell the unemployment office this, and that this could be verified by the employer if they were willing.

Then you begin certifying for weeks of unemployment benefits, and the employer is contacted for their side of the story. You can, as someone said, bet your biffy they will contest this, since they got you to sign something admitting wrongdoing. A decision will be given within the first two or three weeks, then you or the employer will have an opportunity to appeal this decision.

But pursue it anyhow. Remember, the employer is not the decider on whether you receive unemployment or not. There is no penalty for filing and NOT being approved.

There may be big gaps in their story, as there is while you are telling us this. It will come down to how much other proof the employer can submit that you actually did the things you are accused of. Just signing the statement will not have as much weight as you think, but if they can produce actual data that shows your mis-use of the card, you are probably not going to be approved.