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Wrongful Termination for Policy Violation - Geek Squad-

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srluntyde

Junior Member
California

Recently i was fired from Best Buy. According to the store for policy violation. Where according to them i missed labeled a disc, which caused a customer to another customers data. The only reason i am being blamed for this, i made sure to keep proper paper work on all the work i did. Out of 3 burned backup disc, I completed and verified the first two. I was unable to verify the last disc, as i had to help customer in the front of the store. The Disc in question is the third Disc, the once which i was not present to complete. The paper work even shows this fact, as i did not check off the last disc being completed.

Best buy did there own investigation and found that i am at fault. Since i am the one that did the work, and it is documented, of course i find this out as i am being being called into a room and told i am being let go. Given my last pay check, with none of the sick leave or vacation time i have saved. I am basically in shock. I am told to sign a paper which i know i added that i did not mislabel anything. Was not even told if i had a right to get counsel, and sent on my way.

I called Human Resources and all they told is that they would re look in the matter. A week later i get a phone stating that Best Buy has done nothing wrong, and that the mangers did there jobs correctly. I later find out that another agent completed the work on the backup, but did not document the work she did.

After 2 weeks i apply for unemployment. I explain to the department the details of my dismissal. According the there investigation, and the paper work best buy sent to them, they found that best had no grounds for denying me my unemployment. Best Buy appealed the ruling. On the day of the appeals court meeting. Best Buy was a no show. I won by default.

How can i be at fault for something i was not even there for? Also the Geek squad work room is the only location in the store where there is no Video Camera looking down on them. There no absolute way to verify who worked in area i was in after i left.

Do i have have grounds to sue for Wrongful Termination? and compensation?
 


moburkes

Senior Member
You were not illegally terminated. Wrongful termination means illegal termination. It does not mean termination that you didn't agree with. Now sick/vacation issue is a different thing.
 

cyjeff

Senior Member
Wrongful termination has nothing to do with being fired for something you did or did not do.

Wrongful termination is being termed for a reason specifically prohibited by law (race, sex, country of origin, etc).

You can't even see wrongful termination from where you are.

You are employed at will. Therefore, you may be terminated at any time with or without reason with or without notice. You may quit your job at any time with or without reason with or without notice.

Winning unemployment insurance doesn't mean you were wrongfully terminated. The vast majority of people receiving unemployment insurance were terminated properly and legally.
 

pattytx

Senior Member
You can file a wage claim with the DLSE for your earned vacation balance. Not sick time, however, that is not required by law to be paid out at termination.

Have you questioned when you will receive your accrued vacation payout? I can't believe such a large company doesn't know better.
 
E

Eureka!

Guest
Wrongful termination has nothing to do with being fired for something you did or did not do.

Wrongful termination is being termed for a reason specifically prohibited by law (race, sex, country of origin, etc).
I don't see any wrongful termination in this persons case. Nevertheless, it is important to mention that your statement is entirely inaccurate. Wrongful termination is not limited to Title VII (race, gener, national origin, religion, etc) To say that wrongful termination has nothing to do with "doing something" or "not doing something" is simply not true.
 

cbg

I'm a Northern Girl
I don't see where Jeff said that ONLY discrimination issues were wrongful terminations; just that he used those as examples.
 

cyjeff

Senior Member
That would be the "etc." part of my statement.

If you like, I think I can still quote Title VII from memory.

I have found that, over the years, keeping the explanation short and sweet is best.

For instance, did we really want a long and drawn out "what is public policy" discussion?

Anyway, for the sake of completeness....the entire act can be found HERE...

http://www.eeoc.gov/laws/statutes/titlevii.
 

cyjeff

Senior Member
I don't see any wrongful termination in this persons case. Nevertheless, it is important to mention that your statement is entirely inaccurate. Wrongful termination is not limited to Title VII (race, gener, national origin, religion, etc) To say that wrongful termination has nothing to do with "doing something" or "not doing something" is simply not true.
That hardly makes my statement "entirely inaccurate".

While I could have, perhaps, chosen my words more for a broader context than actually referencing the OP's question, nothing I said was inaccurate.
 

srluntyde

Junior Member
ok I went over the definition of wrongful termination, which makes a bit more sense. However i was still fired by false or incomplete facts. Does that not make it slander or defamation?
 

srluntyde

Junior Member
I am troubled tho. The paper i was sent from Best buy states that i committed negligence on the job which lead to the policy violation. Is there anyway i can get this removed from my record? This mark makes it even more differcult to get in the field of I.T repair and help desk help. Considering I went to school to learn all this knowledge around computers, which i am quite sure i was one of the very few who actually had a formal degree for I.T.

Is there anyway to get this off my record? Considering that fact are fabricated from Best Buy?
 

cbg

I'm a Northern Girl
I cannot think of anything in law that you can use to force the employer to remove this notation. If they believe you were negligent they are entitled to say so, even if you disagree.
 

srluntyde

Junior Member
Even when there is paper work to support my view? I have copies of all the paper work and easily see that the paperwork correspondence to my view?
 

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