What is the name of your state?New York State
Hi, I have question that I believe needs some expert help. I was just fired from my job for giving someone a pill that is prescribed to me, without knowing to do so was against company policy... and even the law. I truly was just trying to help her because she asked me for one after she hurt her back. I was immediately suspended without pay, and then the next day I was fired. All my managers and even the head of security told me they believed me that it was an honest mistake, and wished they didn't have to fire me, but our home office was insisting. Then they told me I was being fired for "gross misconduct" which I had no idea what that meant at the time.
On our drug policy that I signed when I was hired it states that "any person taking a prescription drug not prescribed to them, or dispensing medication to another is subject to disciplinary action" It does not say that it's an act of gross misconduct. In fact the only place on the policy that states what is considered gross misconduct is falsifying urine specimens. And that states very clearly, "any associate who admits to or is found to have altered a specimen has committed gross misconduct and will be terminated and unable to reapply for employment with the company." Our company gives 3 "no tolerance" rules that if you break them, you are to be immediately terminated and not able to reapply ever - those are fraternization, testing positive for illegal drugs, and stealing.
My question is, do I have a legal leg to stand on in a case of wrongful termination? I mean, I do agree my actions were wrong and violated company policy, however my company (walmart) claims that all misconduct is given 3 chances to correct, verbal warning, written warning, and a suspension day or "d" day, and then after that firing. Plus, I was given Cobra insurance by my company, and cobra stated to me that gross misconduct would exclude me from benefits. So I just am very confused as to whether or not the company acted fairly in dealing with my situation. I have never had any disciplinary action while working for them, and received numerous meritorious pay increases for outstanding work ethic. I am not minimizing what I did, so please don't think that.
Thank you for any advice anyone can give me.
PS... all my superiors, store manager, regional manager, security manager, and personnel director have written me incredible letters of recommendation - can they be used to appeal my termination?
Hi, I have question that I believe needs some expert help. I was just fired from my job for giving someone a pill that is prescribed to me, without knowing to do so was against company policy... and even the law. I truly was just trying to help her because she asked me for one after she hurt her back. I was immediately suspended without pay, and then the next day I was fired. All my managers and even the head of security told me they believed me that it was an honest mistake, and wished they didn't have to fire me, but our home office was insisting. Then they told me I was being fired for "gross misconduct" which I had no idea what that meant at the time.
On our drug policy that I signed when I was hired it states that "any person taking a prescription drug not prescribed to them, or dispensing medication to another is subject to disciplinary action" It does not say that it's an act of gross misconduct. In fact the only place on the policy that states what is considered gross misconduct is falsifying urine specimens. And that states very clearly, "any associate who admits to or is found to have altered a specimen has committed gross misconduct and will be terminated and unable to reapply for employment with the company." Our company gives 3 "no tolerance" rules that if you break them, you are to be immediately terminated and not able to reapply ever - those are fraternization, testing positive for illegal drugs, and stealing.
My question is, do I have a legal leg to stand on in a case of wrongful termination? I mean, I do agree my actions were wrong and violated company policy, however my company (walmart) claims that all misconduct is given 3 chances to correct, verbal warning, written warning, and a suspension day or "d" day, and then after that firing. Plus, I was given Cobra insurance by my company, and cobra stated to me that gross misconduct would exclude me from benefits. So I just am very confused as to whether or not the company acted fairly in dealing with my situation. I have never had any disciplinary action while working for them, and received numerous meritorious pay increases for outstanding work ethic. I am not minimizing what I did, so please don't think that.
Thank you for any advice anyone can give me.
PS... all my superiors, store manager, regional manager, security manager, and personnel director have written me incredible letters of recommendation - can they be used to appeal my termination?