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About to Lose My Job

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maynardmalign

Junior Member
What is the name of your state? Nevada

I'll tell the story chronologically:

On Monday of last week, I was hired at a coffeeshop, a dual proprietorship gig that my girlfriend (Rachel) had worked at for over a year and a half. There was a special arrangement between me and Rachel, and both owners, that someday we would buy the business. As of today, I have put in five days of work at this place.

On 10/7, yesterday, I visited a local Wal Mart wearing a rather offensive shirt, reading "Let Jesus **** You", a line from The Exorcist. As I was leaving, Rachel, told me that while I was inside, a man was giving me some serious dirty looks. I shrugged it off and left.

At ~9:45AM, Oct 8th (today), a man pulled into the drivethrough, a man I didn't know and had never spoken to. He ordered two drinks, and while I was away from the window making them Rachel informed me that he was the same man that saw me in Wal Mart. I shrugged it off and handed him his drinks, not wishing to say more than "Have a Nice Day" to him. He seemed to be very flustered.

A half hour later, one of the co-owners (call her Judy) came into the store and said she had a serious complaint that we botched somebody's order, and worse, were too busy fondling each other in the kitchen for him to get it corrected. As I recall, I handed him both drinks and said "Have a Nice Day" and watched him drive away. Rachel was not at the window.

Judy expressed her disappointment about this, choosing to believe the man, who is not a regular customer and doesn't live in town. Several times, it was mentioned that I might not have a job there anymore for various circumstances, mostly if "I wasn't catching on" the next time Judy worked with me. Rachel disagrees, saying that I work better than most of the people she's worked with after 4 days.

This job, as well as being half of my current income, WAS my future plans, financially speaking. We had alot of grand plans for it.
What's worse, is that the other owner, call him Bob, is vaguely related to this man. This man is his son-in-law. Needless to say, he has alot more pull with Bob than I do, because I barely know him. My job situation doesn't look good.

The story, from a barista's point-of-view, is poorly fabricated and he cannot prove that he was given the wrong order. He even mentioned later that he was displeased with what my shirt said (let me add that I wasn't wearing it at work), and managed to get all members of that side of the family involved in the dispute.

What, if anything, can I do about this juvenile lie that has caused me so much distress so far, and might cost me my state of well-being?
 
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The Occultist

Senior Member
Until the situation actually has cost you your state of well being, I'm not too sure that anything can be done yet.

Perhaps other posters may be able to offer further insight into your situation.
 

quincy

Senior Member
Bob's son-in-law doesn't have to like you. The son-in-law can even lie about you. Bob can believe whatever lies he wants. Bob can even fire you for any reason he wants. Right now you don't have a defamation case you could win. Sorry. It sounds like you may want to make alternative future plans.
 

California9909

Junior Member
What is the name of your state? Nevada

I visited a local Wal Mart wearing a rather offensive shirt, reading "Let Jesus **** You", a line from The Exorcist.

What, if anything, can I do about this juvenile ACT that has caused me so much distress so far, and might cost me my state of well-being?
May I suggest that you lose that shirt immediately and then apologize up and down until you turn blue!

I realize this is a legal site not a moral site but honestly, you should be ashamed of yourself for wearing something as DUMB as that!

Just because you have the right to say something stupid it doesn't mean you should!

So, if you want this job to be your future, I would start by losing the shirt (and any other stupid shirts you may have that are clearly offensive) and then apologize to everyone effected.

Grow up!

.
 
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AL HR

Member
I'm no expert on libel/slander, however, I can add my expertise as far as the legalities of termination.

If you do lose your job, there isn't anything you an do from an employment law standpoint as you are in an at will state, which means you can quit at any time for any reason and they can fire you at any time for any reason with the exception of narrowly defined limits. (Age, race, etc.)

Wearing an offensive tshirt, even after hours, can/is a fireable offense.
 

maynardmalign

Junior Member
California9909,

I resent your entire post. I didn't ask for your negativity, I came here for any possible answers. As far as this redneck bible thumper I have to deal with, I think you both are two peas in a pod. My casual attire has nothing to do with the matter at hand, nor would it have any significance in a court of law.

Also, I never mentioned signing a contract to get this job. Yes, that's pretty uncommon, I know. All I did was fill out a W-4, and received a copy of the employee conduct points. And that paper did not say anything about being able to quit or be fired at any time. There wasn't even an application.

I am a man of settled scores, and justified karma. If I have to confront this man instead of taking him to court for his wrongdoings, then that will be how it's settled. Alot of people are like that, usually they wind up in jail over the matter and someone winds up dead, because the police said "Oh I'm sorry, there's nothing we can..." and the elitist attorney says "Oh I'm sorry, it doesn't look like there's much of a case."

Hypothetically speaking, of course. But the world still turns.

Meanwhile, some guy is burglarizing a warehouse in the dead of night, falls down a trash compactor chute after jimmying the lock, breaks his leg and sues the company into bankruptcy. Because some lawyer had the determination to win that case, as futile as it was and however stupid the man is.

Do you get what I'm saying? Maybe you're not where you want to be at your age simply because you have no objective in your career. I'm 20 years old, by the way.
 

The Occultist

Senior Member
May I suggest that you lose that shirt immediately and then apologize up and down until you turn blue!

I realize this is a legal site not a moral site but honestly, you should be ashamed of yourself for wearing something as DUMB as that!

Just because you have the right to say something stupid it doesn't mean you should!

So, if you want this job to be your future, I would start by losing the shirt (and any other stupid shirts you may have that are clearly offensive) and then apologize to everyone effected.

Grow up!

.
Sorry, but I found the shirt to be quite hilarious, and have considered looking for a similar shirt so that I myself can wear it. In public. And then in front of your house Cali, just for the heck of it.

The fact is, your opinion on his shirt is completely irrelevant, and the shirt he wore nowhere near his place of work should be completely irrelevant to his work situation. Your opinion on this matter is not needed, thank you.
 

quincy

Senior Member
You know, Occulist, I personally agree that what someone wears on their own time should be irrelevant, but I also realize that how someone is perceived, both in and out of work, makes a big difference. If maynardmalign is intending on owning a business, he should know that appearances count at all times. If you own a business, dress like a businessman. If you want to own a business, dress like a businessman. And if you want your business to be successful, you know that the customer is always right, whether they are wrong or not.

By the way, maynard, you don't need a contract that says you can be fired at any time. That is the law. An employer has no legal obligation to keep you on as an employee and he can fire you for any or no reason at all (unless you are in one of the protected classes and the firing has to do with your civil rights). Likewise, you can quit at any time. You do not need a reason.

I think you and Rachel should consider opening your own coffee shop, as Bob seems to be influenced by his son-in-law. It may not be fair, but there is no lawsuit here that I can see.
 

TinkerBelleLuvr

Senior Member
Nevada is an "employment at will" state. This means that an employer can fire whoever they want, when they want, for whatever reason they want, with limited exceptions, as long as it is not for a discriminatory purpose. The two main exceptions are when an employee is covered by a collective bargaining agreement or have a written contract for employment. It is illegal for an employer to retaliate against employees for exercising these basic rights. Retaliation includes firing, suspending, demoting, disciplining or otherwise discriminating against an employee for exercising these rights.
Means they can fire you for being tardy for one minute ... being too slow as a barista ... your change drawer is consistently off, etc.
 

The Occultist

Senior Member
Means they can fire you for being tardy for one minute ... being too slow as a barista ... your change drawer is consistently off, etc.
It also means they can fire you for no reason at all. And they are clever enough to put that in the term paperwork, they can get away with it too!
 

TinkerBelleLuvr

Senior Member
It also means they can fire you for no reason at all. And they are clever enough to put that in the term paperwork, they can get away with it too
A good employer will document a termination in such a way that it won't come back to bite them. If we lay someone off, then we'll pay for the unemployment compensation. BUT, if it is because of misconduct, we'll fight it. That's why I made the comment as I did.

What I was reading with the OP is that he's got a major attitude issue here and will be swiftly seeing the boot. The employer is telling him exactly what is wrong with his service and he ain't listening!
 

California9909

Junior Member
California9909,

I resent your entire post. I didn't ask for your negativity, I came here for any possible answers. As far as this redneck bible thumper I have to deal with, I think you both are two peas in a pod. My casual attire has nothing to do with the matter at hand, nor would it have any significance in a court of law.

Also, I never mentioned signing a contract to get this job. Yes, that's pretty uncommon, I know. All I did was fill out a W-4, and received a copy of the employee conduct points. And that paper did not say anything about being able to quit or be fired at any time. There wasn't even an application.

I am a man of settled scores, and justified karma. If I have to confront this man instead of taking him to court for his wrongdoings, then that will be how it's settled. Alot of people are like that, usually they wind up in jail over the matter and someone winds up dead, because the police said "Oh I'm sorry, there's nothing we can..." and the elitist attorney says "Oh I'm sorry, it doesn't look like there's much of a case."

Hypothetically speaking, of course. But the world still turns.

Meanwhile, some guy is burglarizing a warehouse in the dead of night, falls down a trash compactor chute after jimmying the lock, breaks his leg and sues the company into bankruptcy. Because some lawyer had the determination to win that case, as futile as it was and however stupid the man is.

Do you get what I'm saying? Maybe you're not where you want to be at your age simply because you have no objective in your career. I'm 20 years old, by the way.


I'm sorry if you felt I was being negative towards you. You came up with the word *negative* so hopefully I have you thinking about some of what I had to say. Anyway, you asked for advice with a situation where you are about to lose your "promising week-long career in the drive-thru coffee hut world" and I gave it to you.

By your own admission, you were fully aware that the shirt was offensive - here is what you said: "On 10/7, yesterday, I visited a local Wal Mart wearing a rather offensive shirt, reading ...." so stop acting surprised.

While you have the right to wear that shirt, you don't have a right to KEEP that job and it sounds to me that maybe you weren't doing such a great job after only a week anyway or they would have listened to what you (or Rachel) had to say before giving you a reprimand/boot. In other words, maybe they are/were just *looking* for an excuse to dismiss you.

If you don't want to take off the offensive shirt, then maybe you can trade your shirt to your landlord or your bank so you can pay your bills or maybe you can sell the shirt to Occultist? Is wearing this shirt that important to you that you are willing to give up your awesome 5-day career at the drive-thru coffee hut?

At your age you may want to reevaluate your values - it's not too late! Good luck to you. Remember, Jesus loves you!



.
 
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