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Wrongful Termination

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txgr8

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

Worked at a great retail store for 4 months and was recently told that I was let go because the stores revenue was too low to have me and several other employees employed. The very next day a former co-worker called me to say she was upset to hear I was let go and she informed me that my manager had told everyone I was let go because I ran out of punctuality points. Which is obviously not what I was told at the time of my termination. The company I worked for has a point system of 120 tardy points. Each tardy is 4 pts, partial day absence 6 pts, full day absence 12 pts. Each time you are tardy you must sign a communication form which shows you how many points you have left. My last communication form I signed showed I had 92 points left.

A little background on my job should hopefully paint a picture as to I why I feel that I might have been unfairly fired.

The clothing store I worked for sold gently used recycled clothing and we also paid cash to the public for clothing that was suitable for our store. There were lots of rules that came along with this. Buyers were not allowed to do their own buys or buy from friends. My manager and asst.manager would all the time, and I would call them out on it. This was my first retail job where I had worked for a total of 4 months and they would leave me on the floor alone to work the cash register, do buys, and watch for loss prevention so they could take smoke breaks. Of course, I would let them know I felt uncomfortable with them doing that because the company policy strictly said no smoke breaks while on the clock.

Also the day before I was terminated a woman had come into the store and offered me a job at her clothing store which had just opened next door. My manager witnessed this and was very upset that I talked to the woman. I was honestly just being polite and made no indications that I even wanted the job.

After all of that I still would like my job back because it really was fun! Is there anything I can do?What is the name of your state (only U.S. law)?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? TX

Worked at a great retail store for 4 months and was recently told that I was let go because the stores revenue was too low to have me and several other employees employed. The very next day a former co-worker called me to say she was upset to hear I was let go and she informed me that my manager had told everyone I was let go because I ran out of punctuality points. Which is obviously not what I was told at the time of my termination. The company I worked for has a point system of 120 tardy points. Each tardy is 4 pts, partial day absence 6 pts, full day absence 12 pts. Each time you are tardy you must sign a communication form which shows you how many points you have left. My last communication form I signed showed I had 92 points left.

A little background on my job should hopefully paint a picture as to I why I feel that I might have been unfairly fired.

The clothing store I worked for sold gently used recycled clothing and we also paid cash to the public for clothing that was suitable for our store. There were lots of rules that came along with this. Buyers were not allowed to do their own buys or buy from friends. My manager and asst.manager would all the time, and I would call them out on it. This was my first retail job where I had worked for a total of 4 months and they would leave me on the floor alone to work the cash register, do buys, and watch for loss prevention so they could take smoke breaks. Of course, I would let them know I felt uncomfortable with them doing that because the company policy strictly said no smoke breaks while on the clock.

Also the day before I was terminated a woman had come into the store and offered me a job at her clothing store which had just opened next door. My manager witnessed this and was very upset that I talked to the woman. I was honestly just being polite and made no indications that I even wanted the job.

After all of that I still would like my job back because it really was fun! Is there anything I can do?What is the name of your state (only U.S. law)?
There was nothing wrongful about your termination. You were too expensive to keep - when an employee does not show up for work or is tardy there is additional cost to the employer.
 

txgr8

Member
Well, my employees hand book states that you can only be terminated if your punctuality points reach zero. The store obviously is not letting people go because of low revenue. I cashed out every night, we were well over our monthly goals. Also the fact that no one else has been terminated.

And if I were let go because of punctuality, wouldn't you think this is something I should be made aware of. If another employer were to call my former employer to see what type of employee I was this information could easily keep me from getting another job. Especially said job next door.
 

pattytx

Senior Member
1. Employee handbooks very rarely rise to the level of a contract. Therefore, exceptions may be made to the policy at management's discretion.

2. Calling out your bosses is an excellent way of getting fired, whether they were violating policies or not. If you were that gung-ho about policies not being adhered to you should have communicated with the district or regional manager; you might have had some internal protection (although it wouldn't have been under whistleblower laws).
 
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txgr8

Member
Thank you pattytx for the helpful information. Although I must say I did not really call them out, I would VERY passively mention it in passing.

I guess my real question is whether or not an employer can anticipate you quitting your job because they think you will work somewhere else. Almost as if they are beating me to the punch. I find it troubling that my manager overheard someone offer me job and the very next day they give me some bs reason as to why I'm being terminated.
 

swalsh411

Senior Member
I guess my real question is whether or not an employer can anticipate you quitting your job because they think you will work somewhere else.
There is no law that says they cannot fire you because they think you may jump ship.

Go file for unemployment and find a new job.
 

eerelations

Senior Member
I guess my real question is whether or not an employer can anticipate you quitting your job because they think you will work somewhere else. Almost as if they are beating me to the punch. I find it troubling that my manager overheard someone offer me job and the very next day they give me some bs reason as to why I'm being terminated.
Again, this is not illegal. Employers may legally fire their employees for simply listening to job offers, and they are not legally required to state a termination reason to the employees they're firing.
 

txgr8

Member
Thank you all for the advice. Thankfully I had contacted the EEOC and they finally contacted me back today. The agent I talked too explained very thoroughly why and how my manager in charge DID violate the said companies discharge policy. As for now do I have my job back, no. But I filed a complaint with the agency and my former company. I'm more than confident my manager will be fired.

Advice forums are great but then again it is just advice. Thanks again.
 
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