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A family member of mine has been VERY wrongfully terminated! Help!

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Bribrigirl08

Junior Member
What is the name of your state (only U.S. law)? Sacramento, Ca. U.S.A.

My sister-and-law has worked at the restaurant chain called Long John Silver’s, (owned by Yum Brands Incorporated), for 8-9 years. The restaurant location is in Sacramento, CA. USA, which is in the same city/area that she resides in. She has been a long time dedicated employee to the company and has worked at the same restaurant location for the 8-9 years that she has been there. She started out working for L.J.S. between the times that she was finishing up high-school and starting college. During that time she was obviously going to pursue a different career through college, but due to the usual life circumstances (had kids and got married) she had to drop college and remain at L.J.S. for a number of years to provide an income for her family even though it paid quite a low wage. My sister-and-law started out at L.J.S. at the bottom shift/employee role when she started out at that job. Throughout the time she was working for the company, she was promoted up to Assistant Manager and had the opportunity to take the written company test to become a full Manager with even more responsibilities. She was considering and preparing to take the test to become Manager along with working the long shifts and caring for her husband and children. Sadly though, a couple of years back, the problems at her place of work started happening. A now manager/owner of the restaurant was hired. The manager was Eastern Indian and had a snappy bad attitude from what my sister-and-law said. She wasn’t nice to work around and always seemed rude. My sister-and-law also said the manager would seem to always hire people of her (the manager’s) own race (Eastern Indian) and give those who were her own race better employee benefits and hours. My sister-and-law, who is White, would always seem to get the bad shifts and hours along with a few other White employees. The manager would always seem to give my sister-and-law 39 hours a week instead of 40 hours a week so she wouldn’t have to give my sister-and-law full time benefits. My sister-in-law really didn’t like the new and current manager but she still stayed at her job and did her best and was courteous and respectful to her boss. About a year ago my sister would balance the cash drawers (like she has done for a while there before this matter happened) after closing and sometimes the balance came up short and money was missing. It happened a few times and the manager would blame my sister-in-law for the theft because she was the Assistant Manager and she had access to the money as well as a couple select employees. My sister swears that she didn’t take the money and her character indeed shows she is not a thief. Throughout that year, every so often money would come up missing and my sister-and-law would get blamed for it and even written up for it. She suspected that someone on her shift was stealing the money but couldn’t prove it, and the company didn’t have any video cameras to show who was stealing the money, even after the thefts occurred. This matter kept going on for a while until finally, a month ago; her manager/boss called her into her office, and terminated her on the spot for the thefts because one happened the day before. She even accused my sister-in-law of giving away free food, which is not even close to being true. My sister-and-law was heartbroken that she was terminated for such a false accusation, even after being at that job for so long. That job was her and her family’s ONLY source of income. She filed for unemployment but the unemployment department denied her claim because of the company accusing her of theft. Her company never actually filed charges against her though with the police. The company doesn’t even have proof of my sister-and-law stealing and was able to somehow get to unemployment department to deny her claim. My sister-and-law is in a bad situation now. She has a husband and two young kids to take care of. Her husband has looked for a part time job but is limited to what he does because he takes care of the kids and is a student now. The economy and the job market are horrible and around here it is utterly impossible to find a job. The family has NO money whatsoever to pay for their basic needs, they are afraid their electricity and gas may be shut off now. The family currently has no money and it’s scary. How can she even care for the basic needs for her two young children and husband with NO income? What can my sister-and-law do now? Does she have any legal recourse? Is it possible to prove to the unemployment that she is innocent and was wrongfully terminated and that she really needs her unemployment benefits? Is there any way to get the accused theft taken off her work record so she may seek further employment elsewhere? I really want to help her but what advice can I give her?What is the name of your state (only U.S. law)?
 


cbg

I'm a Northern Girl
A wrongful termination does not mean that she was fired for something she didn't do; it means that she was fired for a reason prohibited by law. This may have been an unfair termination but it does not meet the definition of a wrongful (illegal) termination.

An employer may legally fire her on suspicion of theft, even if she is innocent. She can, and certainly should, appeal the unemployment decision, but I can't guarantee what will happen.

The only thing you have posted that even HINTS at illegality is the suggestion that race may have been a factor. If she believes that she received adverse treatment because of her race, she is free to file a claim for racial discrimination with the EEOC. However, it will take a minimum of six months (if she is really lucky it will only take six months - she should count on it taking longer because it probably will) before she receives a right to sue letter and she cannot file a lawsuit before she receives it. Nor is there any guarantee, even if she wins, that she will get her job back, and even if she does it will be a good year, if not more, before she gets that judgement.

While it's a shame this happened to her, there is not going to be a quick and easy fix through the legal system.
 

csi7

Senior Member
She does need to file the appeal in a timely manner. It is up to the company to prove their case in the appeal hearing.
 

swalsh411

Senior Member
Many times a claim is initially denied based only on the word of the employer. I suspect if she didn't steal then she won't have any problems collecting benefits because the employer will not be able to show misconduct.

Unemployment eligibility is not needs-based so her financial circumstances are not relevant. If she tries to bring them up at the hearing the examiner may stop her and say it doesn't matter. (which it doesn't).

She also needs to certify each week and then if she wins she will be paid for those weeks.
 

Betty

Senior Member
I might also just mention that "if" she believes race discrimination was a factor, she could, instead of filing a complaint with the EEOC, file a complaint with the Ca. Dept. of Fair Employment & Housing. (DFEH)

DFEH - Home
 

Hot Topic

Senior Member
In California, it will take months before an appeal is considered. The state is bankrupt and has the highest rate of employment in the nation.

Your brother-in-law should get off his backside and at least try to find a job. Studying can come later. Feeding his wife and kids is the priority.

You use a lot of "seems." You need proof that discrimination is going on, not "a feeling" or "it seems that..."
 
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