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I was forced to quit for something I didn't do!

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desireedelaine

Guest
What is the name of your state? GA

I was the assistant manager at a clothing store at Discovery Mills called Sirens. I had been with the company over 2 years. On a Thus. (the first day of no tax) the store was under-staffed. There was only my manager and I in the store it was very busy. I was on register...there was a long line ( no tax) and my manager was in the back doing fitting rooms. Both of us heard the alarm in the front of the store go off. My manager ran out of the store after the girl who had a large bag that didn't stop. I was on register and I couldn't leave the money unattended so I simply called security. The theif took off running but evenutally was caught. She had stolen about $500 worth of merchandise. She was in serious trouble and ended up in jail. There was the girl who had actually stolen the items, and another girl was involved at the front of the store. She pretended to have a pair of jeans at the entrance of the store to make the alarm go off and let the girl get out of the store with the bag.

This issue was taken care of this day and the girls went to jail as I have mentioned. The next day Friday on my day off, I was called and told that I had to attened a mandatory meeting at 7am on Saturday. At 7am I was joined in the store by my district manager, who frequently visits the store to help out becuase she lives within the state. She told me that we were going to work on transfers. We began to work on shipping shoes out of the store. One hour later, my store manager entered the store. They both decided to sit me down, so that the meeting can begin. My actual store manager didn't say anything, only my district manager spoke. She told me that the merchandise that was taken by the girls were items 'four feet away from me' and that I was responsible for what happened. I then explained that I was on register working with money and I had a very busy line thus no tax weekend. Some of the jeans that were stolen were not four feet away but rather on a table behind me, and I could not see it from that angle unless I was to turn all the way around. She told me that I should have turned around then. I didn't understand why I would do that if I'm on register attending to the many customers. Also the girls could have picked up the items and moved to another location of the store to stuff them in their bags. No one knows how they took it and my district manager was not even there. My DM said that my manager was sticking up for me and that she didn't want me to go, but that she didn't care and that she was taking matters into her own hand, that it was all her. She told me that I could either quit (to get unempolyment) Or that I could be fired (and not get it and have it go on my file). She said that I must leave the company because I didn't witness the girls stealing so much merchandise, and that I was written up. My manager was not...

I was very devistated by the new and teary eyed and I felt kinda dizzy but I told her that I guess I would quit, since she said that method would get me unemplyment. I was told to hand in my keys and left. I didn't have to sign anything.

I feel my termination was wrongful, but I need a second opnion.

Also, I went back up to the store to get a copy of the termination notice my DM filled out. It turns out she had false information on it, such as the wrong length of employment dates. She put from 10/04 to 7/31/04 but I have pay stubs that go well into 8/2002 and 10/04 has not even happened yet!? Also, I now realaize that I problably cannot get unemployment because my termination notice says that I resigned and that I cannot be rehired for performance problems. Can someone tell me my rights?

Also , I never had many problems my 2 years with sirens, which is why I got promoted so quickly. There was only one other incident I was written up for and it included my store manager and another sales associate and I was the only person written up for the issue. My DM did show favoritism also.
 


JETX

Senior Member
desireedelaine said:
Can someone tell me my rights?
Yep, and you're not going to like it, but you have none. After reading your long and rambling post, the termination, though maybe not 'fair', is not prohibited. Simply, you now have the right to file for unemployment (you might get it, might not) and to start pursuing another job.
 

cbg

I'm a Northern Girl
This is not even remotely close to a wrongful termination. A wrongful term does not mean one that is unfair, unjust, unexpected, due to incorrect or erroneous information or even (in the majority of cases) one that is in violation of company policy. For you to have a legitimate claim for wrongful termination, it would have to be ILLEGAL for them to term you for the reason they did. Nothing in the law forbids them from firing you if they feel you could have stopped the theft, even if you disagree and even if it is unfair for them to hold you responsible.

As far as unemployment is concerned, all you can do is apply. The state of Georgia, not your employer, will have the final say as to whether you do or do not qualify. In many if not most (or even all) states, being forced to resign is the same as being fired. People who quit do not get unemployment benefits. People who are fired, unless their employer is able to show that they were fired for WILLFUL misconduct, generally do get benefits.

With regards to the termination papers, unless they have put wrong dates on the paperwork for unemployment (and if that is the case you WILL have the opportunity to refute it) that doesn't mean squat. Don't even worry about it. There is no "termination paper" that has to be submitted to any government agency for a permanent record; you are entitled to COBRA regardless of how long you have worked there, and if it's an internal record it doesn't mean diddly. It is most likely a clerical error in any case. Can't even TELL you how many times I have seen people accidently put the current year instead of the year they actually mean. It almost always gets caught and fixed and if it doesn't, that means that no one is looking at the paper to begin with.

Unless the favoritism is based on your race, religion, etc., it is not illegal.
 

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