• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Wrongful termination

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mjc

Junior Member
Hello, I'm from Arizona and I'm in a bit of a situation.

I was recently fired from a Frys grocery store, my position was customer service. No big deal losing this job, but I hate being in the situation of being wrongfully accused and being appealed for unemployment.

So here is my situation, there is a group of African Americans, all appear to be in their 30s. They would come into the and return items they stole from our store and other stores. Time and time again, they would return these items with no receipt and the managers would let this happen. I even brought it to their attention this was happening, but they would ignore it. A book keeper even told me she was surprised I'm letting these people make these returns. I can't refuse a return, I can only let a manager take care of it.

Now one day they just happen to return, I had the store director at the desk and made her aware of the situation, and as she was talking to one of the thiefs, one of the other theifs came to my desk. I simply said, "these women are together" to the manager. I never accused anyone of stealing and was not rude, which is their claim. One woman walks away as the other claims she they have never met. They start to play the race card and claim I am racist. When all is said and done, the women leave in the same vehicle.

Later that day I was suspended, and then fired when I returned.

I think this is an open and shut case, I was wrongfully terminated and they refuse to pay me for unemployment.

From my understanding, I am allowed to face my accuser, and I'm positive they do not have any of their information.

Any advice on what my options may be?
 


moburkes

Senior Member
what did your union rep say during all of this?
A union is the ONLY protection that you have, because nothing that you've described constitutes a wrongful termination. You only have the right to confront your accuser in court. Your employer is not part of the court system.
 

cbg

I'm a Northern Girl
A wrongful termination means that you were terminated for a reason prohibited by law. No law prohibits the employer from firing you for the reasons you describe. This is NOT a wrongful term under the law. Unfair, possibly - illegal, no.

Additionally, the employer does not have the authority to withhold your unemployment. They may contest, but ONLY the state has the authority to grant or withhold benefits.
 
Last edited:

mjc

Junior Member
what did your union rep say during all of this?
Well the union attempted to get my job back as well as a greivance. It's about to be the 3rd week, and all they have said is they don't want me back. Union feels this is worth fighting, but I don't see them having any luck.



A union is the ONLY protection that you have, because nothing that you've described constitutes a wrongful termination. You only have the right to confront your accuser in court. Your employer is not part of the court system.
How do I even go about getting my accuser in court? I plan to call the store director tomorrow and ask for information on my accuser. I am positive they will not have any information. At that point, what's next? Do they still have a reason to appeal my unemployment without my accuser?


A wrongful termination means that you were terminated for a reason prohibited by law. No law prohibits the employer from firing you for the reasons you describe. This is NOT a wrongful term under the law. Unfair, possibly - illegal, no.

Additionally, the employer does not have the authority to withhold your unemployment. They may contest, but ONLY the state has the authority to grant or withhold benefits.
I guess when I say wrongful termination I mean I am being fired for the wrong reason. They claim "rude and insolent behavior towards a customer." At no point was I rude, and even if they lied about knowing each other and were theifs.

They did contest my unemployment, when I go to court is it going to be just me talking to a judge, or will there be someone representing the store as well?
 

cbg

I'm a Northern Girl
It is not a wrongful termination to fire you for the "wrong reason". An employer may terminate you because you are suspected of wrongdoing, even if they are mistaken.

The answer to how you get your employer into court is simple - you don't. They haven't violated any laws. Your SOLE recourse is through the union.
 

mjc

Junior Member
Well the only problem with that is my union says they will not have anything to do with me collecting unemployment. It's a service they no longer offer. They said I have to go this one alone. I've already appealed Fry's appeal, now I'm just waiting for them to set a court date.
 

cbg

I'm a Northern Girl
Unemployment issues are not handled through the court system, if that's what you're thinking.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top