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IamtheCram

Junior Member
Florida - For 2.5 years I was the perfect employee. No disciplinary actions and as of 10/20 my performance review was great. Fast forward a month, I messed up and used company time for my side business that my fiancé and I had, we worked for the same company. They had me followed for 9 hours and had plenty of proof. They could not fire me because of possible legal action, being that there was never a problem and just a month earlier they stated that. I was written up and that time deducted from me before it hit payroll. M, the big boss asked me at that meeting what my fiancé would think if she knew, "It wouldn't be good," I said in confidence. I didnt get copies from that meeting of anything. This was on a Monday. On Thursday my fiancé disappeared and not a soul would answer me, personal or professional contacts. I got home and the dogs were gone. Finally she told me she was in another city 3 hours away for work. I checked her uniforms and she hadn't taken any but boarded the dogs. 20 hours pass until I hear from her on Friday. I get home to find her parents and her and I get removed from the house without any chance of defending myself. I was told that my name had been brought up from an arrest of a guy I haven't spoken to in months, he happens to be another employees fiancé. I was told that our big boss, M, had held a meeting on Thursday where he disclosed my write up in full to her. So I spent the weekend and 3 days this week packing and moving until I was stopped by a false injunction which I am filin a motion to have dissolved Monday. In that time I spoke to numerous people. This is what I know: M, wanted me gone for my screw up but couldn't legally, he asked our legal dept how to make me leave and they provided some ideas, we had my write up meeting, 3 days later 3 employees, including Boss M, tell my fiancé some things, all within a few hours. Things like my name being referenced in a drug ring (I spoke to the sheriff, it is false,) That she needed to drug test me, and M used my answer to his question at the write up, the write up itself, and other "private" conversations about our relationship to drive a massive wedge between my future wife and I resulting in me being homeless and having zero time for work because of moving. Come the following Monday, i get hit with a "random" drug test due by dec. 7th. At this point that doesn't matter because the Injunction keeps me from being able to work there anyways. Friday, yesterday, I resigned my position because of what all had happened in the span of a week or so. Is there anything I can do?
 


adjusterjack

Senior Member
Is there anything I can do?
I don't think so.

I can't imagine why your boss just didn't fire you on the spot for misconduct. There wouldn't have been any legal consequences to him. At any rate, you ended up quitting so that's that.

I don't see anything illegal in there on anybody's part. There is no law requiring the job issues to be kept confidential.

Your fiancée's reaction is rather bizarre but also not illegal.
 

justalayman

Senior Member
I don’t understand your belief you could not be terminated for working your side job while on the employers clock. Not only is that grounds for termination (and given the circumstances. Immediate comes to mind), it could be prosecuted as a criminal case had you been paid for the time. Theft is against the law and taking money when you weren’t working is theft (or some act that amount to essentially the same thing)


While it is unusual for prosecutions for relatively small amounts of theft, it is none the less illegal.

Of course they could have terminated you and if you objected seek to have you prosecuted for your actions, regardless of the amount.

Given I’ve seen shoplifters prosecuted for a couple dollars of merchandise, I suspect 9 hours of time would not be too litttle to be concerned with if the employer urges the da to file charges.

Your argument they couldn’t fire you because they gave you a glowing report quite recently is rediculous. There are all sorts of criminals that are lauded by others, that is, until they are caught. It doesn’t diminish the crime


Of course a review of your work time might even show even more situstions where you did the same thing.


Consider yourself lucky and move on. This isn’t a matter of you being wronged. You probably don’t want to disturb the sleeping bear.
 

cbg

I'm a Northern Girl
This OP has a very, very mistaken idea of what rights he has under the law. As others have said, he absolutely could have been fired for working his side business on the employer's time. In fact, he could legally be fired because the day of the week ended in Y. He really needs to google at-will employment and realize that he's quite lucky he had a job as long as he did. If he'd tried suing his employer for any of the reasons he so blithely suggests, he'd have been laughed out of court in short order. Especially in Florida. Nor does he have anything remotely resembling a lawsuit now.

While it's unlikely that he will qualify for unemployment, having resigned, there's no reason not to try. I look at it that if he does apply, he might or he might not get benefits (probably not, but stranger things have happened in the name of unemployment). If he doesn't, he definitely won't. It costs nothing but a little time and there is no penalty for being wrong.

But that's the sole remedy he has, other than looking for other work.
 

Eekamouse

Senior Member
Florida - For 2.5 years I was the perfect employee. No disciplinary actions and as of 10/20 my performance review was great. Fast forward a month, I messed up and used company time for my side business that my fiancé and I had, we worked for the same company. They had me followed for 9 hours and had plenty of proof. They could not fire me because of possible legal action, being that there was never a problem and just a month earlier they stated that. I was written up and that time deducted from me before it hit payroll. M, the big boss asked me at that meeting what my fiancé would think if she knew, "It wouldn't be good," I said in confidence. I didnt get copies from that meeting of anything. This was on a Monday. On Thursday my fiancé disappeared and not a soul would answer me, personal or professional contacts. I got home and the dogs were gone. Finally she told me she was in another city 3 hours away for work. I checked her uniforms and she hadn't taken any but boarded the dogs. 20 hours pass until I hear from her on Friday. I get home to find her parents and her and I get removed from the house without any chance of defending myself. I was told that my name had been brought up from an arrest of a guy I haven't spoken to in months, he happens to be another employees fiancé. I was told that our big boss, M, had held a meeting on Thursday where he disclosed my write up in full to her. So I spent the weekend and 3 days this week packing and moving until I was stopped by a false injunction which I am filin a motion to have dissolved Monday. In that time I spoke to numerous people. This is what I know: M, wanted me gone for my screw up but couldn't legally, he asked our legal dept how to make me leave and they provided some ideas, we had my write up meeting, 3 days later 3 employees, including Boss M, tell my fiancé some things, all within a few hours. Things like my name being referenced in a drug ring (I spoke to the sheriff, it is false,) That she needed to drug test me, and M used my answer to his question at the write up, the write up itself, and other "private" conversations about our relationship to drive a massive wedge between my future wife and I resulting in me being homeless and having zero time for work because of moving. Come the following Monday, i get hit with a "random" drug test due by dec. 7th. At this point that doesn't matter because the Injunction keeps me from being able to work there anyways. Friday, yesterday, I resigned my position because of what all had happened in the span of a week or so. Is there anything I can do?
The test is going to come back positive for drugs, right?
 
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