Public policy wrongful termination?

[kklaas9876]

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

I work part time at a major chain grocery store in NY. I average about 15 hours a week and have been working there about a year. I like variety so they know to put me on whatever needs to be done, which could be cashier, clean up, stocking, customer service desk, or whatever. Yesterday I was scheduled to work from Noon to 8. Around 12:15 I was at my register and noticed a cart about half full of groceries (including milk and meat) had been left against the wall. After it sat there for almost an hour with nobody touching it, I asked the assistant manager (he was on duty over the whole store at the time) what was going on. He said some lady forgot her purse and would be back to pay for her groceries.

I should mention that this asst manager doesn't really like me, and I don't like him either. I have never let it get in the way of my job, but I'm sure he wouldn't shed a tear if I was fired. But I just do my job and keep to myself so there has been no reason to, and the store manager and I get along fine.

After the cart sat there another 2 hours (it was now almost 5 and it had been there since at least 12:15), the asst manager came back from break and told me to re-stock everything in the cart. I reminded him that the meat had been sitting out for hours and had probably gone bad. He said that it wasn't my problem and to leave my register and get it done right now. I took the cart back to the butcher section. The meat was room temperature and didn't small right. (I stock meat so I know what it should smell like). I took a package of ground beef back to the assistant manager and said "would you eat this? it's been sitting out for at least 3 hours". He said that I needed to put it back or I was fired. I then said I could not in good conscious put meat back on the shelf that could sicken or even kill somebody. He said "then get the hell out of here and don't come back" so I left.

All termination decisions have to be approved by the general manager but he is notorious for not allowing the soon-to-be fired employee to give his side of the story so I have no idea what he will be told. If I am fired (I should find out tomorrow) do I have a case for wrongful termination?

edit to add: Short Version: I refused to put bad meat back on the shelf and may be fired for that.

 

[cbg]

The state of NY does not recognise the public policy exception to at-will employment, and even if it did this is not generally what is meant by public policy. So unless you can find a very specific statute which would be violated by your termination, this would not qualify as a wrongful term.

 

[kklaas9876]

What would fall under the exception if refusing to do something that could literally kill innocent people does not?

 

[Mass_Shyster]

Meat doesn't go bad after being left out for three hours.

 

[kklaas9876]

Meat doesn't go bad after being left out for three hours.

Not according to the USDA Food inspection service


Some bacteria can double their numbers every 20 minutes at temperatures above 40°F. In 2 hours, these bacteria can become so great in number that they may cause an illness or form toxins that cause illness.


http://www.fsis.usda.gov/fact_sheets/Fighting_BAC_by_Chilling_Out/index.asp

 

[Mass_Shyster]

Then I guess I'm dead.

So why do you want to go back to work at a place that's trying to kill people?

 

[kklaas9876]

Because it's a block from my home, they accommodate my school schedule, it's just this one bad manager, and I believe it or not enjoy the work.

 

[Proserpina]

Still not seeing a wrongful term.

Sorry.

 

[cbg]

None of which changes the fact that your state simply does not recognize the public policy exception, EVEN IF we assume that this is a matter of public policy.

 

[commentator]

Sounds like you are a beginner at being employed. It's nice they let you do different things, accomodate your schedule, and all those convenience issues. However, you're in an "at-will" state. They can, or their manager, or your supervisor, anyone who is in a position of supervision over you, can decide to terminate you "at-will." Sometimes those people are not the brightest and the best, and sometimes they just don't like you.

There is no "whistleblower protection" for you in this case. In my cashier days, I had noticed this happened fairly frequently. And sometimes, you get a bottle of milk that goes bad on you in a few hours or days. I sort of assume this is one that has been put back on the shelf after an afternoon up front. Likewise hamburger meat. It's hard to actually cook up meat that has gone completely bad without noticing there's a problem. This is how I suppose we survive what goes on behind our backs in restaurants and groceries.

But when you are a part time employee, you don't decide you are the caped crusader of keeping meat and perishables fresh. You pretty much do what your supervisor tells you, and you don't make a big fuss and argue with them too much. You did your conscience's duty by explaining to the meat department what had happened when you took the meat back. But you had already argued with the assistant manager, by my count, about three times about this same issue, and then you refused a direct order from him. If your manager wants to, he can fire you for insubordination. If you want to, you could call the FDA and try to get them to listen to your suspicions that one package of meat wasn't up to par because it had been left out too long. That you are a fearless whistle blower who was fired for your courage in speaking out about this matter. Good luck with this. I don't think your chances are too good.

When and if you are terminated, you will also be able to sign up for unemployment insurance until you find another job, but the thing is, since this was only a very small part time job, there would not be much unemployment to draw even if you were approved. And if you restrict yourself as far as the hours and days when you are available to work due to school, that will ruin your ability to draw benefits too.

Your job sounds like it was ideal for you. You got in a spitting contest with a junior manager you didn't like just sort of for the amusement of it that particular afternoon, and now you need to go back and be very humble and apologetic and try to get your higher manager to give you your job back. How many hundreds of people are you hearing about who've died in your community from eating bad meat from this store? Right. Use your knowledge of how they treat the perishables and how to recognize bad meat to benefit yourself and your family as you move on through life.

 

[kklaas9876]

In case anybody cares I had a meeting with the store manager and was not fired. The asst manager tried to play it down like he was just sending me home for the day because I was insubordinate. I don't really care what he thinks, I just do my job with no drama and try to avoid him as best I can. The store manager wasn't mad at me for not wanting to put the meat back but he was furious that the cart was left out so long. There is an "abandoned carts" policy and if it had been followed there never would have been an issue.

 

[cbg]

I'm glad it worked out for you.

 

[OHRoadwarrior]

Ditto. Its nice to see a dedicated employee being acknowledged.

 

[You Are Guilty]

Meat doesn't go bad after being left out for three hours.

This is news to me - after Sandy knocked out out power last Monday afternoon, when I opened the fridge Monday evening, I was mugged by the hamburger sitting on the top shelf. (And I think it had just assaulted the milk).

But to keep this thread on track, while there is no whilstleblower claim under the facts presented, there could be a discrimination argument made if people with other (races/creeds/colors/national origins/sexual orientations/military status/genders/ disabilities/predisposing genetic characteristics/or marital status) are treated differently.

Admittedly no facts to support this argument are found here, but for completeness' sake, I figured I'd mention it.

 

[LdiJ]

Meat doesn't go bad after being left out for three hours.

Actually Steve, it does. Now, depending on how you cook it, it may end up being perfectly safe to eat in the end, but raw meat that reaches room temperature for more than an hour is a real problem unless its being marinaded in something that slows bacterial growth. Most marinades do tend to include at least one ingredient that slows bacterial growth.

If the health department were to catch a restaurant or grocery store with meat that had sat at room temperature for more than an hour there would be heck to pay. I know this because I used to own a restaurant. Ground meats are the most dangerous. Bacteria starts out on the surface area of meat. When meat is ground it transfers bacteria into the entire meat. Cooking generally kills all surface bacteria so non ground meat is generally safer even if not well done, and can be perfectly safe if slow cooked. Ground meat that has been out too long is only safe to eat if its cooked up as crumbles...and cooked long enough to be truly "well done".