Worngful Termination?

[SANTA925]

Hello I am located in Northern California,

I was a Retail Store Manager for a cellular company and have been in the industry for over a decade, I was transferred to another store only to find out that there was sales fraud going on and the people involved including myself were terminated. I was terminated for "misconduct" now they are aware I had nothing to do with the fraud but my boss said I did not do my job as a manager to stop this fraud. I was only in that store for less then a month and was told by my boss NOT to touch the paperwork/operations side of the store just stay on the floor and drive sales, which I did only to be terminated for not watching the paperwork and the operations. I only did what I was ordered to do.

I just recently had a hearing to reinstate my job and was denied. I do not understand what is going on I did what I was told 100% and was fired for it.

So now I went ahead and filed for unemployment only to be denied for the fact they think I was fired on purpose to collect my benefits. I would do anything to get my job back I don't want to be on unemployment but need to be to pay my bills in the mean time.

They still owe me commission, mileage reimbursement and I was sexually harassed, I emailed HR but no one is taking me seriously.

Any advice would be appreciated, I am new hear and sorry if I posted this in the wrong section, please feel free to ask me anything to clarify the situation

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

 

[swalsh411]

Did you appeal the unemployment determination? The employer bears the burden of proof to show misconduct and based on your account they should not have any evidence.

You can file a wage claim with your state's department of labor for anything you think you are still owed.

The sexual harassment, unless it was egregious and resulted in your termination or created a hostile environment, I would forget about.

 

[SANTA925]

Thanks for the reply, I filed for the appeal yes and now waiting on that, I will file a claim with my labor board today,

I just want my job back I don't want to go after them or anything but yes, I felt very uncomfortable after that incident that I feel was sexual harassment. We were always told to take those claims seriously and seems they aren't. It seems myself and others were terminated over BS reasons as soon as the CEO announced we were laying off 2500 more people and closing stores.

I just feel I was robbed of my job that I love doing

 

[eerelations]

What was the incident that you feel was sexual harassment? Can you describe it?

 

[SANTA925]

It was my boss's partner/girlfriend she was making sexual gestures behind a females customers back to me that I was trying to help , was very distracting, uncomfortable, and weird. This happened on company property inside the store they were doing god knows what in the back as well where we cant have any non employees at.

 

[cyjeff]

It was my boss's partner/girlfriend she was making sexual gestures behind a females customers back to me that I was trying to help , was very distracting, uncomfortable, and weird. This happened on company property inside the store they were doing god knows what in the back as well where we cant have any non employees at.

So YOU were not harassed but, instead, overheard the harassment of another?

And this other person was NOT an employee?

 

[SANTA925]

So YOU were not harassed but, instead, overheard the harassment of another?

And this other person was NOT an employee?

No, while I was helping a customer my boss's partner was stand behind the lady I was helping making sexual gestures with her hands and tongue about the customer I was helping but directing the gestures at me. My boss's partner is not an employee but but my boss was with her st the store and did nothing to stop or control her.

 

[cbg]

A single instance is generally not sufficient to support a sexual harassment claim.

 

[SANTA925]

A single instance is generally not sufficient to support a sexual harassment claim.

So its ok do a single instance of sexual harassment? The whole thing was caught on camera.

 

[cbg]

Of course it's not okay. But there are a lot of things that are not okay and still don't meet the standard to take legal action for them.