Have Bed Bugs, Got Fired

What is the name of your state (only U.S. law)? NY, worked in New York City, live in NJ

For more than a year and a half, I was a model Sales Associate at a big sports specialty store in NYC with above average sales numbers. In April, I won the MVP award for floor associates, got a great review a few weeks ago and was recently promoted to supervisor.

After management saw a bug on my shoulder, I admitted to having bed bugs at home. I was immediately sent home to take care of the problem and provide a note from an exterminator. After two days of scrubbing and poisoning my apartment, I emailed management that I was confident to come back to the store. And building management was notified to provide an exterminator. Management replied that before coming back I would need notes from an exterminator and a doctor. I inquired why a doctor's note would be needed but never got a reply.

Two hours later,the store director called me to notify me that I was terminated for bad judgment and jeopardizing the store.

Any comments on my case, situation are welcome!What is the name of your state (only U.S. law)?

Jens said:

What is the name of your state (only U.S. law)? NY, worked in New York City, live in NJ

For more than a year and a half, I was a model Sales Associate at a big sports specialty store in NYC with above average sales numbers. In April, I won the MVP award for floor associates, got a great review a few weeks ago and was recently promoted to supervisor.

After management saw a bug on my shoulder, I admitted to having bed bugs at home. I was immediately sent home to take care of the problem and provide a note from an exterminator. After two days of scrubbing and poisoning my apartment, I emailed management that I was confident to come back to the store. And building management was notified to provide an exterminator. Management replied that before coming back I would need notes from an exterminator and a doctor. I inquired why a doctor's note would be needed but never got a reply.

Two hours later,the store director called me to notify me that I was terminated for bad judgment and jeopardizing the store.

Any comments on my case, situation are welcome!What is the name of your state (only U.S. law)?

Click to expand...

Don't let the bed bugs bite

Oh yea, nothing illegal happened here. File for unemployment benefits, and brush up your resume.

Retail is all about perception.

You have BUGS crawling all over you. This SCREAMS poor personal hygiene.

Do you really think there is a clause in labor law that says, "Infested persons are protected?"

It is very possible you were creeping people out.

Legal reason for termination.

No wrongful termination here. In at-will employment you can be terminated at any time for any reason except a reason prohibited by law (ie age, religion, gender) or unless you have a binding employment contract or CBA to the contrary.

File for UI benefits as suggested.

You could have (and may have) infested the entire store with bugs. Had you attended to the problem at home as soon as you realized there was one, this wouldn't have happened. I expect your employer fired you for your poor judgment in putting the work environment at risk. They may now have to bring in an exterminator at considerable expense on a "just in case" basis. If a customer should happen to see a bed bug in the store or on any items for sale, can you imagine how many people they would tell? And how many people those people would tell? The next thing you know, sales are in the toilet and not likely to get any better. Who wants to shop where the word on the street is that the place is crawling with bugs?

Terminating you for this reason is not unlawful.

Jens said:

After management saw a bug on my shoulder, I admitted to having bed bugs at home.

Click to expand...

Well, what did you learn?

Don't admit anything.

It someone sees a bug on you, it is a harmless aphid...

Point taken, but ...

That it is lawful, I expected! I just wanted to check.

Did I make mistakes? Yes! However, I also believe that they made it worse.

First: I may have infested the entire store with bugs? I will never know where I got them from in the first place. But simply looking at how much time I spent where, the most likely place is the store! It is a really big store with hundreds of employees, high turn-over, and thousands of customers.

Second: As Xylene very well commented, "Don't admit anything!" Not two weeks earlier, representing my fellow sales associates, I was asked to tell HR that people are afraid to speak up, afraid of losing their jobs. Do you think anyone will come forward now? Working with management on a problem that is basically coming back to haunt all of New York City? It has been a big media story for months in this city. It even made news abroad.

Third: Instead, the store could have instituted a "bed bug policy". Educate your employees, ask them to come forward ASAP, give them extra personal days, sell big air-tight zip bags from the camping department to them for their clothes at wholesale.

Bed bugs are not going away anytime soon from New York City!

There can't be a policy for everything. It would take a forklift to pick it up.