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Unfair termination? Unfair practices

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StaceyM16

Junior Member
What is the name of your state? Texas

I have been a supervisor for a large home improvement store (not sure I can say the name) for three years. I have been a hard working, reliable employee that has not once been disciplined about my work. There is an Asst. Store manager that always "helps" employees out by marking items down and basically giving things away because as an employee we receive no discounts. He's always told me this is his way of giving back. I approached this manager two weeks ago about marking a vacuum down, so I could buy it. The managers response was that he was going to give it to me. I questioned him, but he assured me it would be ok and that he would just mark it down to zero in the books. Which is what we do for items that are damaged so we still get credit and it will not be a loss. Well by the end of the night I placed the vacuum in a cart and when I got ready to leave for the night I asked him once again was it ok and he unlocked the door for me and once again told me it would be ok and "Merry Christmas, good night". So I left. Well you can probably guess by now, a week later loss prevention has me in their office questioning me about the vaccum. They have everything on camera, so I just told them the truth- my manager gave me the vacuum and assured me it would be ok. They proceed to tell me that they will need to investigate, but they still have me walking out of the store with an unpaid item. I did not even know if they had questioned the manager. They tell me they will have to suspend me until "further investigation". Soon after I learn from other employees in the store the manager is denying that he gave it to me and he told me no. So basically that would make me so bold to steal a vacuum in front of his face and walk right out the door!? Well after I learned of his response I went back to the store to speak with HR and further my original statement to let them know there has been several people in the store that have received these "gifts" from this manager, he has marked items down for employees, and has even given things to customers when they complain.

This may sound strange, but this manager is known for his "generosity" and lack of concern mentality around the store. Everyone thinks he is the coolest manager and they go to him any time they need anything. Well after all this they said they still had to investigate and they'd call me. Next day another supervisor was put on suspension for the exact situation. She also received merchandise from this manager and was caught on tape. It has been a week with no word on my status, but employees have informed me the word is we have both been fired and they are already getting our "replacements". So basically if I've been fired then they have not advised me. I am angry that they have not even called, the manager is still there and my character is been defamed around the store. They assured me no one is to know the situation, but people have been saying I stole a vaccum and blamed it on the manager. I know I did not make the right choice, but I would not have taken it had this manager not assured me it was alright. Now he is denying everything. I am angry they are allowing this manager to still be there without being disciplined! Everything is on camera- if they see me walking out with the vacuum, then they see him letting me out (without checking a receipt, which is protocol). I want to know what are my options. This is not fair. If I am been fired, then so should he and half of the store that has also received "gifts" from him. I think they are trying to cover up for this manager and they know what he does. I also know he has taken stuff for himself out of the store. I know this is a lot of accusations, and my word against his, but there are other employees that know what he does, too. One even called the "anonymous" employee line and told them about the situation. The next day he was called into HR and questioned as to why.

Please tell me what to do. Will I even get unemployment? And will they compensate my vacation time I accrued? Also about a week before this I won a $1000 in a company contest, that was supposed to be on my check for the 12th. Can they take that from me? I don't know the rules of the contest. Should I advise a lawyer? HELP!!!What is the name of your state?What is the name of your state?
 


Beth3

Senior Member
I want to know what are my options. Start looking for a new job.

If I am been fired, then so should he and half of the store that has also received "gifts" from him. I think they are trying to cover up for this manager and they know what he does. I also know he has taken stuff for himself out of the store. I know this is a lot of accusations, and my word against his, but there are other employees that know what he does, too. One even called the "anonymous" employee line and told them about the situation. The next day he was called into HR and questioned as to why. Surely you and the other employees who received "gifts" from this manager KNEW what he was doing (and what you and they were doing) was wrong. You all looked the other way because you were benefiting from his actions. Of course the manager is now denying everything (you already know he's a dishonest guy, so this shouldn't come as any surprise) and those who were the beneficiaries of his thievery also have every reason to lie about it. I expect loss prevention is in the throws of a major investigation. My guess is that when they're done, a lot of heads will role. You just happened to be the one who was caught first and which has resulted in a huge can of worms being opened.

Will I even get unemployment? You should apply but I highly doubt it. They have you on tape taking merchandise out of the store without paying for it.

And will they compensate my vacation time I accrued? That's a matter of company policy.

Also about a week before this I won a $1000 in a company contest, that was supposed to be on my check for the 12th. Can they take that from me? Yup. That's not wages so payment to you is optional. Under the circumstances, I'd be surprised if they did.

I don't know the rules of the contest. Should I advise a lawyer? And tell him what? That you were caught stealing? The fact that your mangager participated in what amounted to store-wide thefts doesn't change anything.
 

StaceyM16

Junior Member
Well I do appreciate your response....although not what I was hoping to hear. I basically have no benefits in this situation. I know this may sound stupid on my part, but I really believed he had the authority to do this. I am just sorry now I was lured into what seems like a trap-and now have to pay for that mistake. I just would like for some justice to be done, as far as allowing this manager to keep doing this. It's not fair that he be allowed to get away with it. Not if I couldn't.
 

BelizeBreeze

Senior Member
Well I do appreciate your response....although not what I was hoping to hear. I basically have no benefits in this situation. I know this may sound stupid on my part, but I really believed he had the authority to do this. I am just sorry now I was lured into what seems like a trap-and now have to pay for that mistake. I just would like for some justice to be done, as far as allowing this manager to keep doing this. It's not fair that he be allowed to get away with it. Not if I couldn't.
Did you ever once think that maybe the manager was part of this 'sting'?:cool:
 

janimal

Member
So as long as you personally get away with stealing, there's not problem. But since you were caught, suddenly it becomes wrong?

You were not "trapped" - you took something from the store that you had no right to. Sounds like the manager was an accomplice, but that doesn't give you any excuse.

Accept accountability for this. You have no one to blame but yourself and you got what you deserved. Dreaming up a way to sue an employer you stole from is absurd.
 

StaceyM16

Junior Member
Did you ever once think that maybe the manager was part of this 'sting'? Yes I did consider that also, but my question is that legal? Can an employer actually entrap an employee just to see if you will take the bait?

So as long as you personally get away with stealing, there's not problem. But since you were caught, suddenly it becomes wrong? No, as I stated before I know I made the wrong choice, but I was not trying to just steal. I felt like an authorized manager gave me something.

Accept accountability for this. You have no one to blame but yourself and you got what you deserved. Dreaming up a way to sue an employer you stole from is absurd. 1)Already accept that I made a wrong choice, 2)blame myself, but I was not alone as I've stated. What about the managers part? 3)And no I am not just trying to dream a way to make some money. I just don't feel this company should ignore the fact of what this manager is offering and "giving" other employees. There should be some justice for that.

Beth3 seems to be the only one responding with something constructive. Thank you. I posted here because I thought maybe I could get some advice. Not just personal opinions.
 

ecmst12

Senior Member
I doubt that this was a "sting" situation, though I suppose stranger things have happened. It's not illegal though. Entrapment is only illegal if it's the police/government doing it.

Sounds like you're mostly guilty of either being completely gullible or of beliving the manager because you WANTED to.....yeah you should have known that something was fishy, but I'm not going to put you in the category of someone who purposely shoplifted.

The thing is, if other employees are getting caught doing the same thing, and they're all giving the same story about the same manager telling them it was ok, then sooner or later corporate is going to get wise to the manager's schemes and fire him, too. You can be SURE of that!
 

StaceyM16

Junior Member
Thank you ecmst12. I will definitely agree I was extremely gullible. I definitely didn't feel completely right accepting it, but I did not purposely try to steal anything. I appreciate you saying so. Well all I can hope is that this manager gets his too and move on.

Another question- if after their investigation they do find this manager to be what he is- can they terminate me for thief? They have not called me back yet. I called HR and he says they are still "investigating" and have not made a decision. Do they have to call me back in to terminate me or can they just terminate without advising me? So confused. Thanks for any help.
 

cbg

I'm a Northern Girl
They can legally terminate you regardless of the results of their investigation, or regardless of what action they do or do not take against the manager. What they do to your employment is not tied to what they do to his.

They are not obligated by law to notify you of the termination, if that is the way they decide to go. Strange but true.
 

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