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Can I be fired? Should I resign?

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wrongedinfl

Guest
What is the name of your state? Florida

I am currently employed with JCPenney in Florida. About a year ago I began talking to a loss prevention associate in the store who was separated from his wife. The associate went back to his wife and ended our friendship. In August I found out that he was separated from his wife again and I approached him to inquire about the situation. He freaked out because he didn't want to be seen talking to me. He was afraid that his wife would assume that he was dating someone and would use it against him in the divorce. He went to our store manager and said that he felt harrassed by me (simply by me approaching him ONE time to ask about something). I was written up and made to watch a sexual harrassment tape. I was also told to not call up to the loss prevention office. The incident is on my record as a corrective interview. I signed the interview, but in the space where i was allowed to comment I stated that I did not feel I was guilty of harrassment because I approached him to talk ONE time...it wasn't like I was told to leave him alone and persisted to try to communicate with him, therefore I don't see it as harrassment. I was told that if any more complaints were given against me it would indicate a pattern and I would have to be let go.

About a week ago one of my coworkers approached another loss prevention associate that we will refer to as J and asked him if he was single. She told him that her friend, me, thought he was cute and wanted to know. I was mortified that this happened because I did not ask her to approach J in any way and I thought that it was inappropriate. However, the next time that I saw him he came up to me and we talked and flirted a bit and he was all smiles. I then worked up the courage to call him and ask him what his thoughts were on what my coworker told him, about me thinking he was cute. J said, "I am not supposed to go out with people from work, but I like to have fun and just go with the flow. We can go out sometime if you like. Do you drive?", and we agreed to discuss this at a later time because he was busy. I did not feel it was appropriate to talk to him at work because he could get fired over it, so I called him during my lunch break on Saturday to ask if he had a person number where i can talk to him. He said that he didn't because he just moved to the area and is having everything transfered. He said that he'd get back to me when he had a chance. I called back to ask him something and one of the other offices, W, answered. I asked for J and he asked who was calling. Instead of handing the phone to J, he handed the phone to N, an associate who was there during the August incident and is biased against me. N went off on me telling me not to call again if it wasn't work related. He then had J write a note against me and give it to one of the managers. I was in shock. The manager asked me if it was true that I had asked J for a personal number and I said that it was, but I explained that I ONLY asked him for a number outside of work where we could talk because we had agreed to go out sometime. He said that the store manager would talk to me when I was back at work.

Now I am depressed and terrified that I will be fired because of this complaint. I was told that if there were any more complaints about me it would appear to be a pattern and they would have no choice but to let me go. I honestly feel like I have been baited. One minute J was all flirtateous and all smiles saying that we could go out sometime, and then the second that I call him I got written up. I am floored. I feel like there is bias against me because no other employee would be in trouble for calling loss prevention for personal reasons as I have gotten in trouble. However, I feel that it is important that I point out to my store manager that I was OFF THE CLOCK on my lunch break when I called J. Can I be held accountable and fired for a phone call that I placed while I was on my own time? Do you think I will be fired? If so, should I beat them to the punch and turn in my resignation, or should I ask for an attorney and tell them that I don't feel they have any legal ground for firing me over something that I did while I was off the clock, not to mention the fact that I feel I was baited.
 


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hexeliebe

Guest
Legally J.C. Penney has every right to fire you. Not only because they can for any reason, but because you directly disobeyed a company order ('remember do not call loss prevention?)

However, in your situation I would begin immediately looking for a new job. You aren't going to last too long there simply because you have exercised very poor judgement.

Next time, when you are told "DO NOT <fill in the blank>" do not do it. It's really that simple.
 
W

wrongedinfl

Guest
I guess I should have mentioned that on that date I was told not to call to loss prevention for my protection. However, the manager of loss prevention then told me that I could continue calling because I work in a department where we deal with very large checks and she thought it would be too much work having me call a manager every time that a check needs approval or something happens, especially considering that when the managers have a meeting we do not have a single supervisor on the floor. I have been calling ever since that incident to either have checks approved or report suspicious activies with no problem.

Regardless of what I was told I do NOT feel like it is legal for me to be fired for something that I did on my own time, and I will look into it.
 
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hexeliebe

Guest
You seem not to understand. An employer can fire you for ANY reason other than that which is protected due to race, sexual preference, religion or other protected status.

And your situation simply does not fall within that scope.

Either look for another job now before the axe falls or don't. It's up to you. But as far as a legal issue, you have none.
 

StacyLB

Member
Another piece of advice for you to remember going forward: do not date or attempt to date anyone you work with. Period.
 

cbg

I'm a Northern Girl
"Regardless of what I was told I do NOT feel like it is legal for me to be fired for something that I did on my own time, and I will look into it."

Look into it all you like. It isn't going to change the fact that the company can legally fire you for ANY reason they want to unless it is a violation of either public policy or Title VII. This is neither; therefore it is legal.

They can fire you because you like the Yankees and your boss is a Marlins fan if they want to.
 
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hexeliebe

Guest
And I hate both teams :eek:

Imagine I won't be working there anytime soon :D
 
A big AMEN to StaceyLB

"Wronged" you need to restrict your dating to guys OUTSIDE the workplace who have nothing whatsoever to do with anything or anyone associated with that company. Ditto for "friendships".

You obviously are not learning a lesson from your previous experience. You kept talking to others about it, drawing them in, and that in itself if disruptive and inappropriate.
 

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