Wrongful termination?

[tom317]

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

I've been at my company for 18yrs. I had been involved in an incident about a year ago where the operations manager sold items that were thrown out trashed, because the company no longer represented those branded items. But he also sold a wooden barrel that he was given a month or two prior. It was essentially his. But because the brand on the barrel was a brand our company still represented, he was fired for it. My involvement in this situation was merely letting the operations manager know that the items were trash. However, I warned him about selling items that the company still represented. But he told me that the barrel was his, because it was given to him. I didn't argue. After all, he is my boss's boss. So after all this, the company decided to fire the operations manger. They gave me a 5 day suspension because I received money from the operations manager for the items he sold. I didn't remove any items from the building. My only involvement was receiving money for which I was suspended 5 days for. Now, just this past Friday the 2nd, I was fired for taking an empty pallet form work. In the write up, it stated that this was a similar incident as the above. I disagree because as stated above, I only received money. I never removed anything from the premises before. It also stated that I did this during off hours. While that is true, I never received any communication from anyone stating I couldn't be on the property during off hours. The only time I felt that permission was needed, was if I wanted to work more time. I feel that they tried to relate the two instances, but they aren't alike. I feel this wasn't fair. Especially considering this was over an empty pallet.

Thoughts?

 

[westside]

Wrongful termination has a specific meaning under the law. This isn't it.

I'd probably fire you for the same fact pattern.

 

[cbg]

Not even remotely close to a wrongful term.

 

[Chyvan]

I was fired

Thoughts?

File for unemployment.

 

[commentator]

And I actually believe that in the unemployment decision, the contention that the two incidents will hold up as two offenses of the same type holds up well.

You seem to have had a problem with figuring out what you should take home, claim as yours, let someone else carry away, take money from him for them, and what you shouldn't. Theft of property in any case is considered gross misconduct in most unemployment decisions, in other words, something so egregious that doing it even once was misbehavior that you should have known you should not do.

You don't have to have had prior incidents, prior warnings, company policies you were unaware of, not to mention a previous write up for participating in a prior theft by someone else. Their thought is that if you steal something from the company, yes, even an empty pallet, you should've known better, even the first time. In an at will state, they do not have to have any sort of reason to terminate you, they can fire you for any reason they choose to fire you for. Your recourse in most situations is not a wrongful termination suit, because it is not a wrongful termination. They can choose to relate the two indicents, or not relate the two incidents, but either way, they can fire you at will. But you can file a claim for unemployment benefits if monetarily eligible, and may be approved if it is determined that you are out of work through no fault of your own.

In order to keep you from drawing benefits, which costs them money, the company must show that they had a valid misconduct reason to terminate you, that you had a reasonable expectation that if you did what you did, it could lead to your termination, and yet you voluntarily did it anyway. Though your previous suspension and the previous incident were not for doing exactly the same thing, I think it will probably come out that they relate the two incidents, and even if they do not, things may not work out for you in unemployment. But go on and file a claim and be working it out while you are looking for another job.