Sears, wrongful termination?

[marr85]

What is the name of your state? Maine

I worked for Sears until about a week ago. Two weeks ago, a coworker and I went to lunch. We left the building to pick up a pizza. We realized we had forgotten to punch out for lunch. We had returned to the store within 5 minutes of leaving the store with our food. So in a hasty rush, I punched out for lunch. A manager was standing there, saw me do this, and proceeded to explain to me what I did was wrong, and how we're not to be off the store grounds while on company time. The manage then told me not to let this happen again. So we figured that was the end of it. There was no bad intention, and it seemed that we had been reprimanded. I felt no need to bring it to anyone else's attention.

A few hours later I was called in the office. Sitting there was my direct manager, the manager that reprimanded me earlier, the personal manger, and the LP(loss prevention associate, or security). I was asked to write a statement about what had happened at lunch. I was a bit dumbfounded, because I felt as it was nothing more than an honest slip of the mind. I proceeded to write my statement, then was held in a seperate room for nearly 20 minutes with the LP, while my coworker was with a customer. I'm assuming so we could not converse and skew the events of that afternoon. After he was brought in the office, I was released. We discussed it afterwards and were both confused.

The next day my coworker and I went to see our department manager and asked him what the deal was. He told us that there was paperwork being put through to the higher-up's in regards to how to deal with us. He told us how he didn't expect anything to come of it, considering how both my coworker and I had absolutely clean records. He said if they were to fire us, they would have done it the day before.

We heard nothing about this for a little over a week. The next shift I had after Christmas, my coworker and I both were schedule. In the middle of the day, I was called into the office with the store manager, the LP, the personal manager, and my department manager. The store manager told me that what I had done was an integrity issue, and that they viewed it as if I stole from the company. He also told me that I should have informed a manager what happened so my time could be adjusted. He then "released" me. I was shocked. I had never been fired before. I was then escorted out by the LP. On my way out I was talking to him a bit, and he said to me, "I'm not sure if I should be talking with you about this, but I know that the sears policy is either they have to either fire you on the spot or with notice." He advised I take it to someone higher up. I'm looking at taking to court.

I may have absolutely no grounds to file a wrongful termination suit, but I feel helpless and screwed.

I realize that my position at Sears was considered at-will, but if that is indeed the policy I should have something. However I can't find this anywhere on the internet. I don't have my Sears handbook anymore, I was hired awhile ago.

I apologize for the lengthy story, but if anyone has any advise or fact on the situation, it'd be much appreciated.

-Thanks

 

[cbg]

Sears policy is not law. A wrongful termination exists when a LAW is violated, not a company policy.

You can certainly take it up the ladder with Sears if you like, but you have no grounds for a lawsuit. This is not a wrongful termination as defined by law.

 

[marr85]

thanks for the response.

However, I've read this;

"An employer who has not followed specific disciplinary and termination policies that are in place can also face a wrongful discharge suit. For example, if an employer has a handbook that states that employees are entitled to receive two written warnings for misconduct or poor performance before they are terminated, and an employee is terminated after receiving only one verbal warning, that employee may be able to successfully bring a wrongful discharge action."

I found this at findlaw.com.
http://employment.findlaw.com/employment/employment-employee-job-loss/le9_2ten.html

would you disagree, or say this is inaccurate information?

-thanks

 

[ecmst12]

According to everything I've read here, that is 100% innacurate information. Wrongful termination only exists if it is due to a protected characteristic such as race, religion, gender, disability, etc. I think what your employer did was stupid, and unfair, and really unethical for them to wait until AFTER the christmas rush to fire you for a made up reason, but it's not illegal. They were probably about to lay off a bunch of people anyway and were looking for any excuse to have a "cause" to fire someone. Apply for unemployment, you have a decent chance of getting it.

 

[Beth3]

thanks for the response.

However, I've read this;

"An employer who has not followed specific disciplinary and termination policies that are in place can also face a wrongful discharge suit. For example, if an employer has a handbook that states that employees are entitled to receive two written warnings for misconduct or poor performance before they are terminated, and an employee is terminated after receiving only one verbal warning, that employee may be able to successfully bring a wrongful discharge action."

I found this at findlaw.com.
http://employment.findlaw.com/employment/employment-employee-job-loss/le9_2ten.html

would you disagree, or say this is inaccurate information?

-thanks

That is completely inaccurate information. The only way that statement would be accurate is if the employee handbook/policy manual was written in such a way as to constitute an employment contract and their disciplinary policy GUARANTEED that progressive discipline would be followed in each and every case. (Which is possible if the employer made a major blunder in writing their handbook but not at all likely. If an employer finds an employee who is stealing them blind, for example, you don't give them a written warning - you fire them immediately.)

 

[marr85]

again, thanks for the response.

but I wasn't implying the example they use is the same in my case.

I was told that the policy is either you are fired on the spot or you are given a series of notices. I was told this by the head loss prevention associate, who's in charge of all investigations, and is involved in every hiring and firing.

the part of information I found on findlaw.com simply says, as I understand it, if in the handbook they say one thing, and do another, that may be grounds for a wrongful termination suit. several people said this was incorrect. I don't necessarily doubt it, but keep in mind, when I searched this, it asked my state. So it may be a Maine thing.

Also, a side note, another employee there is appalled this happened. He's worked there for 5 years and has seen management turn a blind eye to exactly this, and much worse. He said he'd be willing to make a statement if necessary. I have no clue how this sort of thing works. Would that matter whatsoever?

-thanks

 

[Beth3]

Being treated inequitably does not give rise to a legal claim unless the reason for the difference in treatment is a prohibited one (gender, race, religion, age, in retaliation for taking FMLA, etc.) I'm afraid that your co-worker making a statement saying he doesn't think you were treated fairly doesn't get you anywhere unless the above holds true.

 

[xylene]

Sears is not in the best of financial shape, like many large retailers.

The holidays are over, and you made a pretty serious screw up, which might have been totally 'overlookable' at another time put you on the chopping block at a point when the store is without a doubt looking for some apples to roll.

Good luck.