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Wrongful termination?

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kalmay1

Junior Member
Three weeks ago 8 employees were terminated, 7 were from the Dietary Department and me from another department. My papers said I had accepted food at a discount. The others were accused of giving discounts when they should not have. In speaking with two of the girls from Dietary they provided me with a list of names of others from their department who had also accepted food at a discount and a list of people, like myself, outside the Dietary Dept, who also accepted food at a discount, yet they were not terminated like I was. We were told that we were seen on a video camera from a two week period back in february. The camera was installed at the beginning of the year however, so why not look at more video? My argument is not that I am not guilty but this was my first offense in my 11.5 yrs of employment at this institution. In the past, staff members from Dietary caught stealing food were only reprimanded with a written warning but NEVER terminated. Why now? Do I have some kind of argument and if so, how would I proceed?? Thank you.
 


Proserpina

Senior Member
Three weeks ago 8 employees were terminated, 7 were from the Dietary Department and me from another department. My papers said I had accepted food at a discount. The others were accused of giving discounts when they should not have. In speaking with two of the girls from Dietary they provided me with a list of names of others from their department who had also accepted food at a discount and a list of people, like myself, outside the Dietary Dept, who also accepted food at a discount, yet they were not terminated like I was. We were told that we were seen on a video camera from a two week period back in february. The camera was installed at the beginning of the year however, so why not look at more video? My argument is not that I am not guilty but this was my first offense in my 11.5 yrs of employment at this institution. In the past, staff members from Dietary caught stealing food were only reprimanded with a written warning but NEVER terminated. Why now? Do I have some kind of argument and if so, how would I proceed?? Thank you.


This is not a wrongful termination.

This is a fairly accurate description of what WOULD be a wrongful termination:

http://en.wikipedia.org/wiki/Wrongful_dismissal
 

cbg

I'm a Northern Girl
Maybe the company decided, Enough, and that it was time to draw a line in the sand.

Maybe they didn't have the same kind of evidence previously that they have now.

No way for us to know.

But no, this is not a wrongful termination unless you have valid and supportable evidence that the SOLE reason you were terminated and others weren't, was BECAUSE OF a characteristic protected by law (race, religion, national origin etc.).

Otherwise, you're SOL. The employer has no legal obligation to treat the same offense identically forever. The law does NOT say that if you discipline one employee x way for y offense, than until the end of time you can only discipline employees who commmit y offense by x. Particularly since it appears that x is not working - they are permitted to take other measures.
 

Betty

Senior Member
You need to look for other employment & also apply for unemployment insurance. It never hurts to apply for UI - the state will decide if you qualify for benefits.
 

commentator

Senior Member
There is a chance you might be approved for unemployment benefits since you were terminated. If you haven't already done so, apply for them at once.

You were terminated for "gross misconduct." In other words, the company maintains that this behavior was so egregarious, so bad, so wrong that you should have known it was wrong to do it even one time, even without being warned, being given second chances, etc.

However, with the behavior being so widespread, with so many people having done it, and there being no wholesale termination of all the employees who were known to have been participant, you could reasonably argue that you did not know that your accepting discounts was misconduct, that you did not realize that it could result in your termination. You'd want to mention that you had been working there eleven and a half years without a warning or a disciplinary action, that you did not intend to lose your job, and that you had knowledge of several other people who were working with you who got the innappropriate discounts and were not treated the same.

But unemployment insurance, if you happened to be qualify for it after the appeal process, is all the satisfaction you can get. There is no law against terminating an employee for just about anything they want to terminate you for, or no law that says they have to treat everyone the same or be fair in their actions.

Hint to you. When discussing this claim after it is filed, or when filing, do not refer to what you did as "stealing food." Call it accepting unauthorized discounts on food. Because saying you were fired for stealing food automatically clarifies that you KNEW you were stealing, stealing is wrong, you admit it, and you know you could be fired for stealing, whether everyone was or not. This certainly weakens your claim. That everyone was doing it doesn't justify something you flat out identify as "stealing." You get no points for your outstanding frankness, would need to present this as you didn't see it as stealing, just something those women in dietary were doing as a favor for their friends. I'm not telling you to lie, but I'm saying that bravely owning up to the worst spin you can put on this action is not a good idea.
 
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kalmay1

Junior Member
Wrongful termination

Thanks everyone for your insight. I have applied for unemployment and was denied. I immediately appealed. I tried to plea my case and am waiting to hear about the appeal now.
 

commentator

Senior Member
What you did or said on the appeal form that you submitted or the letter you wrote asking for an appeal is totally irrelevant. All you were doing in that appeal request was saying you disagree with the decision to deny benefits, and that you wish to request a hearing, either in person or by phone concerning the matter. At this formal hearing, both you and the employer may be present, and you will be given the opportunity to argue that your behavior was not gross misconduct, that the employer had not given you any warning that it was inappropriate behavior, since many other people were doing it, and that you had no idea you would lose your job for doing this.

Be sure you keep apprling for weeks of benefits while you are waiting for your hearing,because if your claim is approved in the hearing, you would be back paid for weeks only if you had applied for them.
 

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