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  1. #1
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    Fired for "stealing" or wrongful termination?

    So they other day at work I decided to make myself a burrito. I had already had my shift meal for that day, so I knew my main boss (kitchen manager) wouldn't be okay with just taking it. The front house manager watched me make the burrito so I figured if that wasn't considered stealing. I wasn't trying to be sneaky about anything. So the front house manger asked me what I was doing and I told her I was making food for myself. She told me that I had already had my shift meal, so I told her I would pay for it.

    Next thing I know the kitchen manager comes in and just starts screaming at me. He accused me of stealing from him. I told him I was very sorry and didn't know that wouldn't be okay even though the ticket for the burrito was already rung in. He continued to yell at me, calling me an idiot and pushing me around. He even grabbed my shirt and told me if that ever happened again than he would beat my ass and call the cops.

    Then he stormed out

    After I clocked out of work I decided to text him and ask him if he even wants me to work for him anymore. He has previously offered a $1000 cash bonus if I work through September, so I asked him if he is going to take that privelidge away from me. He told me again to leave him alone.

    So the next day I was scheduled to work. I see my boss every singe day right when I walk in but not this day. His twin sons had their birthdays that day, and if he fired me that day than he wouldn't of been able spend the day with them because he would of had to cover for me. He decided to keep me working for that day, then I had a 3 day weekend, THEN he had me work another day he wanted off.

    I didn't see him at all for those 5 days, and he already told me to leave him along twice over text. I walked in today and the first thing he said was "don't even clock in, you are out of here"

    He did end up giving me a bonus, but it was half of what he initially offered. He said the company made him pay me the bonus.

    All I want to know is if I can get anything from this guy. Can I file for unemployment? I still have the texts where he offered the $1000, can I somehow make him pay the other half? Keep in mind I was one of the hardest workers there and there were 2 witnesses that know the whole story. I know there is a probationary period in Montana, so I guess he can fire me for no reason. But he also put his hands on me. He didn't hurt me but he did shove me and grab my shirt.


  2. #2
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    Quote Originally Posted by Peebo8 View Post
    So they other day at work I decided to make myself a burrito. I had already had my shift meal for that day, so I knew my main boss (kitchen manager) wouldn't be okay with just taking it. The front house manager watched me make the burrito so I figured if that wasn't considered stealing. I wasn't trying to be sneaky about anything. So the front house manger asked me what I was doing and I told her I was making food for myself. She told me that I had already had my shift meal, so I told her I would pay for it.

    Next thing I know the kitchen manager comes in and just starts screaming at me. He accused me of stealing from him. I told him I was very sorry and didn't know that wouldn't be okay even though the ticket for the burrito was already rung in. He continued to yell at me, calling me an idiot and pushing me around. He even grabbed my shirt and told me if that ever happened again than he would beat my ass and call the cops.

    Then he stormed out

    After I clocked out of work I decided to text him and ask him if he even wants me to work for him anymore. He has previously offered a $1000 cash bonus if I work through September, so I asked him if he is going to take that privelidge away from me. He told me again to leave him alone.

    So the next day I was scheduled to work. I see my boss every singe day right when I walk in but not this day. His twin sons had their birthdays that day, and if he fired me that day than he wouldn't of been able spend the day with them because he would of had to cover for me. He decided to keep me working for that day, then I had a 3 day weekend, THEN he had me work another day he wanted off.

    I didn't see him at all for those 5 days, and he already told me to leave him along twice over text. I walked in today and the first thing he said was "don't even clock in, you are out of here"

    He did end up giving me a bonus, but it was half of what he initially offered. He said the company made him pay me the bonus.

    All I want to know is if I can get anything from this guy. Can I file for unemployment? I still have the texts where he offered the $1000, can I somehow make him pay the other half? Keep in mind I was one of the hardest workers there and there were 2 witnesses that know the whole story. I know there is a probationary period in Montana, so I guess he can fire me for no reason. But he also put his hands on me. He didn't hurt me but he did shove me and grab my shirt.
    You can try for unemployment. He will probably say that you were fired for stealing, but the fact that he had you work for several more days kind of goes in your favor.


  3. #3
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    Thumbs down One of hardest....

    Quote Originally Posted by Peebo8 View Post
    So they other day at work I decided to make myself a burrito. I had already had my shift meal for that day, so I knew my main boss (kitchen manager) wouldn't be okay with just taking it. The front house manager watched me make the burrito so I figured if that wasn't considered stealing. I wasn't trying to be sneaky about anything. So the front house manger asked me what I was doing and I told her I was making food for myself. She told me that I had already had my shift meal, so I told her I would pay for it.

    Next thing I know the kitchen manager comes in and just starts screaming at me. He accused me of stealing from him. I told him I was very sorry and didn't know that wouldn't be okay even though the ticket for the burrito was already rung in. He continued to yell at me, calling me an idiot and pushing me around. He even grabbed my shirt and told me if that ever happened again than he would beat my ass and call the cops.

    Then he stormed out

    After I clocked out of work I decided to text him and ask him if he even wants me to work for him anymore. He has previously offered a $1000 cash bonus if I work through September, so I asked him if he is going to take that privelidge away from me. He told me again to leave him alone.

    So the next day I was scheduled to work. I see my boss every singe day right when I walk in but not this day. His twin sons had their birthdays that day, and if he fired me that day than he wouldn't of been able spend the day with them because he would of had to cover for me. He decided to keep me working for that day, then I had a 3 day weekend, THEN he had me work another day he wanted off.

    I didn't see him at all for those 5 days, and he already told me to leave him along twice over text. I walked in today and the first thing he said was "don't even clock in, you are out of here"

    He did end up giving me a bonus, but it was half of what he initially offered. He said the company made him pay me the bonus.

    All I want to know is if I can get anything from this guy. Can I file for unemployment? I still have the texts where he offered the $1000, can I somehow make him pay the other half? Keep in mind I was one of the hardest workers there and there were 2 witnesses that know the whole story. I know there is a probationary period in Montana, so I guess he can fire me for no reason. But he also put his hands on me. He didn't hurt me but he did shove me and grab my shirt.
    "Can you get anything from this guy?"

    NO.

    File for unemployment.

    ..__________________________
    ~ There is such a fine line between clever and stupid.


  4. #4
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    Quote Originally Posted by Peebo8 View Post
    So they other day at work I decided to make myself a burrito. I had already had my shift meal for that day, so I knew my main boss (kitchen manager) wouldn't be okay with just taking it. The front house manager watched me make the burrito so I figured if that wasn't considered stealing. I wasn't trying to be sneaky about anything. So the front house manger asked me what I was doing and I told her I was making food for myself. She told me that I had already had my shift meal, so I told her I would pay for it.

    Next thing I know the kitchen manager comes in and just starts screaming at me. He accused me of stealing from him. I told him I was very sorry and didn't know that wouldn't be okay even though the ticket for the burrito was already rung in. He continued to yell at me, calling me an idiot and pushing me around. He even grabbed my shirt and told me if that ever happened again than he would beat my ass and call the cops.

    Then he stormed out

    After I clocked out of work I decided to text him and ask him if he even wants me to work for him anymore. He has previously offered a $1000 cash bonus if I work through September, so I asked him if he is going to take that privelidge away from me. He told me again to leave him alone.

    So the next day I was scheduled to work. I see my boss every singe day right when I walk in but not this day. His twin sons had their birthdays that day, and if he fired me that day than he wouldn't of been able spend the day with them because he would of had to cover for me. He decided to keep me working for that day, then I had a 3 day weekend, THEN he had me work another day he wanted off.

    I didn't see him at all for those 5 days, and he already told me to leave him along twice over text. I walked in today and the first thing he said was "don't even clock in, you are out of here"

    He did end up giving me a bonus, but it was half of what he initially offered. He said the company made him pay me the bonus.

    All I want to know is if I can get anything from this guy. Can I file for unemployment? I still have the texts where he offered the $1000, can I somehow make him pay the other half? Keep in mind I was one of the hardest workers there and there were 2 witnesses that know the whole story. I know there is a probationary period in Montana, so I guess he can fire me for no reason. But he also put his hands on me. He didn't hurt me but he did shove me and grab my shirt.
    If you knew you weren't entitled to another free meal, why didn't you pay for the additional food before you started to make it? Why did you wait to pay for it until someone confronted you on it?


  5. #5
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    Like many restaurant owners, he's clearly a psycho (The thing with thinking the police will prosecute you for eating food on duty AFTER you have been beat up by his own had) and on an ego trip

    That said, being fired for eating is totally legal, and you received half your bonus. I would cut my losses at that point, file UC and start pounding the pavement for another job.


  6. #6
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    What is UC?


  7. #7
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    Quote Originally Posted by Peebo8 View Post
    What is UC?
    Unemployment Compensation


  8. #8
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    Quote Originally Posted by Eekamouse View Post
    If you knew you weren't entitled to another free meal, why didn't you pay for the additional food before you started to make it? Why did you wait to pay for it until someone confronted you on it?
    Because I'm very used to working in resturaunts where you can make food and people won't blow up on you. i didn't anticipate his reaction, and I thought the front house manager would explain the rules to me before she called my boss. Like I had a feeling he wasn't going to be okay with it, but I thought it was going to be a "Oh you already had a shift meal today, just ask me next time okay?"


  9. #9
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    Quote Originally Posted by Peebo8 View Post
    Because I'm very used to working in resturaunts where you can make food and people won't blow up on you. i didn't anticipate his reaction, and I thought the front house manager would explain the rules to me before she called my boss. Like I had a feeling he wasn't going to be okay with it, but I thought it was going to be a "Oh you already had a shift meal today, just ask me next time okay?"
    Your excuse for stealing is that nobody made a big deal of it before...? Really?


  10. #10
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    His excuse isn't even that good. He did say "I had already had my shift meal for that day, so I knew my main boss (kitchen manager) wouldn't be okay with just taking it."


  11. #11
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    Quote Originally Posted by PayrollHRGuy View Post
    His excuse isn't even that good. He did say "I had already had my shift meal for that day, so I knew my main boss (kitchen manager) wouldn't be okay with just taking it."
    ...an excellent point.


  12. #12
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    My excuse is good. You people just don't understand the definition of stealing. I wasn't even done making the burrito and I wasn't trying to be sneaky about it what so ever. So please explain to me how that I considered stealing when I never even left the building with it and I even paid for it in the end. If I was the only one there then Yeah I guess you could say I was trying to steal, but I was making it right in front of a manager.


  13. #13
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    Quote Originally Posted by Peebo8 View Post
    My excuse is good. You people just don't understand the definition of stealing. I wasn't even done making the burrito and I wasn't trying to be sneaky about it what so ever. So please explain to me how that I considered stealing when I never even left the building with it and I even paid for it in the end. If I was the only one there then Yeah I guess you could say I was trying to steal, but I was making it right in front of a manager.
    Here is a link to Montana's theft laws (45-6-301): http://leg.mt.gov/bills/MCA/45/6/45-6-301.htm

    You ate a burrito thereby depriving the restaurant owner of his property (the value of the property equaling what a customer would have paid for the burrito).

    Although I think it might be unlikely that you will be charged with theft, the possible penalty for theft of an item under $1500 is a fine of up to $1500 and/or 6 months in jail.

    Many restaurant owners offer a free meal as an employee perk, but the restaurant owner needs to be careful to not let his employees eat up the profits.


  14. #14
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    Quote Originally Posted by Peebo8 View Post
    My excuse is good. You people just don't understand the definition of stealing. I wasn't even done making the burrito and I wasn't trying to be sneaky about it what so ever. So please explain to me how that I considered stealing when I never even left the building with it and I even paid for it in the end. If I was the only one there then Yeah I guess you could say I was trying to steal, but I was making it right in front of a manager.
    Whatever. Your termination was still perfectly legal.


  15. #15
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    Quote Originally Posted by Peebo8 View Post
    My excuse is good. You people just don't understand the definition of stealing. I wasn't even done making the burrito and I wasn't trying to be sneaky about it what so ever. So please explain to me how that I considered stealing when I never even left the building with it and I even paid for it in the end. If I was the only one there then Yeah I guess you could say I was trying to steal, but I was making it right in front of a manager.
    There are two things to note here. First, very generally theft occurs whenever you take property that does not belong to you without the owner's consent and with the intent to deprive the owner of that property. Second, the crime is complete when the taking occurs and subsequently returning the property or offering to pay for it does not undo the crime.

    Thus, if you take an item off a store shelf and hide it in your pocket intending to steal it that is theft the moment it goes in your pocket. If you get cold feet later and put it back on the shelf, that does not undo the theft crime. A lot of shoplifters do not seem to understand this principle and think they have to leave the store with the item to be guilty of the crime. But in most states that is not the case.

    Similarly here, making a burrito for yourself when you knew you were not authorized to take the food is theft as you are taking the employers property (food) without his consent and with the intent to deprive the employer of it (eating it would certainly deprive the owner of the property). Once you took the food and started to make the burrito for yourself the crime was complete; offering to pay for it after the taking was discovered would not undo the crime. So technically what you did appears to be theft.

    While I think it unlikely you’ll face criminal charges over it, the employer certainly may terminate your employment over it and it is possible that you’d be denied unemployment benefits. But apply for the benefits and see what happens. It doesn’t cost you anything to do that after all, and perhaps you might get benefits.


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