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Wrongful Home Depot Termination

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olivesmom1

Junior Member
What is the name of your state (only U.S. law)? Georgia
I am actually writing to obtain information to help guide my mother who was just recently terminated from Home Depot. She has worked there for 4 years with great reviews. She was working the returns counter when a customer wanted to return an item for cash without a receipt. She was following company policy by stating without a receipt she cannot tender cash but can give her store credit for the return amount. The customer became furious and began yelling at my mother and screaming at her to shut up she only wanted to talk to my mother's manager. My mother just was shocked and called her head cashier over to whom this customer screamed at her and wanted the store manager. The store manager sent my mother "to the back". My mom filled out a report stating what happened and explained how she was following company policy which in turn caused this seemingly unstable woman to become belligerent and abusive. Even though no other employee saw my mother do anything wrong,and the video did not reveal anything, the company fired her stating she "broke company policy". The store manager is stating to current employees that my mother was baiting and bantering with the customer which is a complete untruth. She was never written up for anything prior, and I can't say I feel that in every situation "the customer is always right" especially when it is based on asking an employee to break a store policy. . Please tell me there is some kind of recourse for this or I fear honestly that I am beginning to lose faith in the character and ethics of management in general. For goodness sake, my mom is the nicest 60 year old woman you would ever meet!!
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Georgia
I am actually writing to obtain information to help guide my mother who was just recently terminated from Home Depot. She has worked there for 4 years with great reviews. She was working the returns counter when a customer wanted to return an item for cash without a receipt. She was following company policy by stating without a receipt she cannot tender cash but can give her store credit for the return amount. The customer became furious and began yelling at my mother and screaming at her to shut up she only wanted to talk to my mother's manager. My mother just was shocked and called her head cashier over to whom this customer screamed at her and wanted the store manager. The store manager sent my mother "to the back". My mom filled out a report stating what happened and explained how she was following company policy which in turn caused this seemingly unstable woman to become belligerent and abusive. Even though no other employee saw my mother do anything wrong,and the video did not reveal anything, the company fired her stating she "broke company policy". The store manager is stating to current employees that my mother was baiting and bantering with the customer which is a complete untruth. She was never written up for anything prior, and I can't say I feel that in every situation "the customer is always right" especially when it is based on asking an employee to break a store policy. . Please tell me there is some kind of recourse for this or I fear honestly that I am beginning to lose faith in the character and ethics of management in general. For goodness sake, my mom is the nicest 60 year old woman you would ever meet!!
I am sorry to be the bearer of bad news; but, there is nothing illegal about Home Depot terminating her employment.
 

Hot Topic

Senior Member
The only thing I can think of is that your mother should have called the store manager first, then given him a short, polite explanation of what she told the customer. Apparently, he took the customer's side that something was going on that shouldn't have been, and none of your fellow workers wanted (or were were able) to tell him differently.

What happened wasn't illegal. Your mother should go ahead and apply for unemployment insurance.

And be aware that many believe that older workers are being targeted for replacement, but unfortunately for them, it's extremely hard to prove in a court of law.
 
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cbg

I'm a Northern Girl
A wrongful termination does not mean that you were fired for something you didn't do; it means that you were terminated for a reason prohibited by law.
 

commentator

Senior Member
And was she, during her employment there, asked to go out and push carts in from the parking lot into the store? When I see people out in the parking lots, strugging with those carts, I think of that infamous "big box memo" several years back which called for cashiers and other in-store personnel to have to push in the carts as a way of screening out the unhealthy.

There is definitely a climate of letting the older and longer tenured workers go at some of those big chains. But very tough to prove.There would almost have to be a distinct pattern of such discrimination in that facility before there was any recourse for age discrimination. Since she was fired for a "reason" though it may have been a very flimsy one, it'll be very hard to prove age discrimination.

If she has not yet done so, she should hastily sign up for unemployment insurance. They will do an investigation of the circumstances, the claim will be protested by the employer's representative entity, and it is very likely she will be found approvable if no misconduct was involved and there have been no previous write ups for this type of behavior.

That's about her only recourse right now until she can find another job.
 

Dillon

Senior Member
maybe a personal injury civil law suit filed against this customer, for the loss of her job because of this customer's disorderly conduct.

this customer's disorderly conduct directly cause her to get fired.

disorderly conduct is a (criminal) midemeanor - (do you have any non-employee witness, was this customer under the influence of alcohol )

this should be a slam dunk for any good attorney.
 
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Proserpina

Senior Member
maybe a personal injury civil law suit filed against this customer, for the loss of her job because of this customer's disorderly conduct.

this customer's disorderly conduct directly cause her to get fired.

disorderly conduct is a (criminal) midemeanor - (do you have any non-employee witness, was this customer under the influence of alcohol )

this should be a slam dunk for any good attorney.
Really? How do you figure?
 

>Charlotte<

Lurker
maybe a personal injury civil law suit filed against this customer, for the loss of her job because of this customer's disorderly conduct. this customer's disorderly conduct directly cause her to get fired. disorderly conduct is a (criminal) midemeanor - (do you have any non-employee witness, was this customer under the influence of alcohol) this should be a slam dunk for any good attorney.

Did you buy a legal book from Vince Shlomi, or something?
 

Dillon

Senior Member
Really? How do you figure?
was the employee financially injured (damaged) by the customers direct / proximate cause, thru no fault of her own?

in the law is the proximate cause, an event sufficiently related to a (financial) injury to be held as the cause of action for this injury?
 

Antigone*

Senior Member
was the employee financially injured (damaged) by the customers direct / proximate cause, thru no fault of her own?

in the law is the proximate cause, an event sufficiently related to a (financial) injury to be held as the cause of action for this injury?
I now know who carjacked the turnip truck:rolleyes:
 

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