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Wow, what a doozie.. Wrongful termination or descrimination?

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J

Jess053083

Guest
Hi, Im from California..

I just recently was fired for bringing it to the attention of the owner of the company I worked for that one of our companies managers was frequently under the influence of marijuana outside work and also at work. I told the owner that I did not feel comfortable working with this manager and I'd like to atleast be put on different shifts then him. I was told by the owner hat I was an excellent worker and that he didnt want to lose me, so hed look into it and to work my shifts normal as normal until further notified. I went in to work four days later and I was let go. I was told that it wasnt working out, and that I needed to get my stuff from behind the front counter, and turn in my keys. I have been working for this company on and off for 4-5 years and I havent done anything wrong except for the one write up I got when I was 12 minutes late because of a traffic accident, and that was months and months ago. The manager who I spoke to the owner about is also the tech for the store, there is no one else in the store who knows how to fix our equipment, and I really doubt there is anyone else in the area that could fix it if he was fired. I believe the owner knows this and is scared to let this manager go. I believe I was fired wrongly, and I want to do something about it. I was hoping you might be able to give me some advice on what I could do that would best fit my situation. This is a small company, used to be owned by a franchise, but the corprate went down and now they are all owned individually. This one in particular is owned by 2 parties, and the other owner is currently in Arizona starting up another location. I know California is an at will state, but there is some kind of something going on here. Keeping the person who was complained about (because they are using an illegal substance) and getting rid of the person that knows about the problem, so the owner wont have to deal with it just seems WRONG to me. Any advice you can give me would greatly be appreciated..

Thank you.
 


racer72

Senior Member
Nothing in your post suggests any laws were violated in regard to your release. Time to start looking for another job. Hope they give you a good reference.
 
J

Jess053083

Guest
Nothing in your post suggests any laws were violated in regard to your release. Time to start looking for another job. Hope they give you a good reference.

Your missing the point, I was fired cause I complained and they couldnt afford fire the person with the problem, so they fired the person who knew about the problem. How can an employer fire me for giving him information about an employee of his doing something illegal.
 

cbg

I'm a Northern Girl
Jessie, while I agree that what happened to you is unfair, it was not illegal. If you had complained to an outside agency (the IRS, the DOL, the EEOC) that the company was engaged in illegal activities, it would have been illegal to fire you for that, but in most states, complaining internally within the company is not protected. This does not qualify as either a wrongful termination or discrimination.
 
O

oceanglider1

Guest
Wrongful termination a slippery slope

Hello Jess,
Your situation is most unfortunate and sometimes can leave a person in total disbelief especially when you acted on good faith. Your recourse options are narrow because of the "at will state" laws. The EEOC unfortunately can not act on your complaint because it doesnt fall into the big 4 categories AGE ,SEX , RACE ,RELIGION, , However knowing that bit of in formation you need to look at those 4 categories closely . Ask yourself can I fit in one of those categories? HMMM am I over 40? , Was it because the manager was a man. Is it because of my color or where I come from? (ethic)
or Maybe because I have to be at my church when the store is open?
Once you find your niche . Then go to the EEOC and fill out a complaint form
once you fill it out you will have a small informal interview with a worker there an they will review with you your concerns. (Hint) if you say that your employee didnt want to let the manager go... you will be politely shown the door and ask to come back when you have a case.lol . However if you fit into one of their categories in 10 days your boss will be served with a notice about you and the ball starts rolling . Now your former employer will have to explain his side to the EEOC and why you were let go. Your former employee will be ask to go to mediation to solve the problem where both parties would be comfortable . Remember your employer remembers your previous conversation with him and will presume you brought this up about the marijuana to the EEOC , However you should not bring this up with the EEOC at the meeting or in your interview .Let the employer open that door <<<then you can expound on that fact....Yes he is a pot smoker by the way. The EEOC wont be too happy about the fact that the owner does not have a drug free work place program . It will help your case .. So think about it and perhaps your former employer may offer you a different position or look at legal actions possible from retro pay for time lost and punitive damages to service as a warning to other employers that violations concerning the Big 4 are not acceptable in the work place by the EEOC.......Good luck Jess
 
J

Jess053083

Guest
However knowing that bit of in formation you need to look at those 4 categories closely . Ask yourself can I fit in one of those categories? HMMM am I over 40? , Was it because the manager was a man. Is it because of my color or where I come from? (ethic)
This manager had some sexual harassment problems previously with another girl who was underage that worked at our store. He even went to her house and tried to give her flowers. She refused to talk to him outside of work so he was trying to talk to her inside of work knowing she couldnt just leave or walk away or start a big scene... She went to the owner and she was put on different shifts than him... Thats the only reason I asked if there was anything that could be done about my situation... Maybe if SHE goes to the EEOC or the DFEH I could be a witness for her and that could be a good way to get the things rolling atleast to get this idiot fired.
 

Shay-Pari'e

Senior Member
oceanglider1 said:
Hello Jess,
Your situation is most unfortunate and sometimes can leave a person in total disbelief especially when you acted on good faith. Your recourse options are narrow because of the "at will state" laws. The EEOC unfortunately can not act on your complaint because it doesnt fall into the big 4 categories AGE ,SEX , RACE ,RELIGION, , However knowing that bit of in formation you need to look at those 4 categories closely . Ask yourself can I fit in one of those categories? HMMM am I over 40? , Was it because the manager was a man. Is it because of my color or where I come from? (ethic)
or Maybe because I have to be at my church when the store is open?
Once you find your niche . Then go to the EEOC and fill out a complaint form
once you fill it out you will have a small informal interview with a worker there an they will review with you your concerns. (Hint) if you say that your employee didnt want to let the manager go... you will be politely shown the door and ask to come back when you have a case.lol . However if you fit into one of their categories in 10 days your boss will be served with a notice about you and the ball starts rolling . Now your former employer will have to explain his side to the EEOC and why you were let go. Your former employee will be ask to go to mediation to solve the problem where both parties would be comfortable . Remember your employer remembers your previous conversation with him and will presume you brought this up about the marijuana to the EEOC , However you should not bring this up with the EEOC at the meeting or in your interview .Let the employer open that door <<<then you can expound on that fact....Yes he is a pot smoker by the way. The EEOC wont be too happy about the fact that the owner does not have a drug free work place program . It will help your case .. So think about it and perhaps your former employer may offer you a different position or look at legal actions possible from retro pay for time lost and punitive damages to service as a warning to other employers that violations concerning the Big 4 are not acceptable in the work place by the EEOC.......Good luck Jess
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(QUOTE)Ask yourself can I fit in one of those categories? HMMM am I over 40? , Was it because the manager was a man. Is it because of my color or where I come from? (ethic)
or Maybe because I have to be at my church when the store is open?(QUOTE)







People should read this post. This is Oceangliders post on another thread.

https://forum.freeadvice.com/showthread.php?p=711792#post711792
 
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