Do I have any Legal Grounds

[ep82]

What is the name of your state? California

Heres what happen, first of all let me make clear that i did not complete the 90day probation period where the company states that they can terminate me without any real reason. (Therefore, according to my understanding i have no legal grounds)

Now heres what, according to them i was terminated for

On sunday( feb 27,05) they are acusing me of robberie. Their storie is that an employee from next door came into my workplace to buy a cosmetic product and that supposedly i told her that it was ok for her to not to pay and to just walk out with this item. (None of this never took place)

With that being said now they think i really did commit this crime because of not coming into work next day, which is not true.

The real reason behind the termination is that i missed a day of work, the reason was that because of my irresponsibility of not checking my work schedule or even bothering to call in to see when my next work hours were.

But im not comfartable of how i was terminated.

p.s the general manager did not terminate me it was the assistant manager who terminated me.

 

[cbg]

It is legal for them to term you at any time and for any reason that does not violate the law, regardless of whether you are in your probationary period or not (unless you have a contract - not an employee handbook, not an offer letter, not an e-mail from your supervisor, a CONTRACT) that says otherwise.

It is legal for them to term you because they believe you allowed a customer to take an item without paying, even if they are wrong.

It is legal for them to fire you for not coming in to work when you were scheduled.

Your not being comfortable with the way you were terminated is not evidence of any wrongdoing. I see no legal recourse as it does not appear that any laws were violated.

Who actually fired you is irrelevant.

 

[ep82]

so even if i was a permanent employee, i can still get fired for whatever reason they feel like, unless it is stated on a contract.

dam, i guess im going to start being more careful of my actions in the workplace from now on.

 

[pattytx]

Bingo. That's the meaning of "at will employment", which also gives you the right to leave the company at any time for any reason you want.

Being careful of your actions? That's a good plan for the future.

 

[cbg]

They cannot fire you BECAUSE OF your race, religion, national origin etc.

They cannot fire you BECAUSE you applied for or utilized a right or benefit protected under the law.

IF AND ONLY IF you have a bona fide, enforceable contract that specifies the ONLY reasons you can be terminated, they have to stick to that.

Other than that, regardless of whether you've been there 50 days, 91 days, or 42 years, they can fire you because they don't like the way you part your hair. They can fire you because you cheer for the Red Sox and your boss is a Yankees fan. They can fire you because they don't like your shirt.

So if you've been acting in a way that you think might lead to termination, you're darned tooting you'd better be more careful in the workplace.

 

[ep82]

See, the thing that ticks me off is

why they got to go around in circles around the real reason for being terminated if they know perfectly well i cannot do anything against them because of the sole reason there is no contract.


Reasons i truly believe i got fired

1.Missed a day of work (See Thread above for why)

2.Since i was a cashier i was short a couple of times.

other than those, it could have been for the reasons that cbq stated above
(cheering for another team other than your boss)

 

[cbg]

Reasons i truly believe i got fired

1.Missed a day of work (See Thread above for why)

2.Since i was a cashier i was short a couple of times.

These are both perfectly legitimate reasons to fire you.

 

[ep82]

update on situation: I asked another assistant manager(this is the one who got me into the store[hired]) what had happened and he got a little different storie from what i was told

The manager of the employee who i supposedly told that it was okay for her to walk out without paying came in and told the

assistant manager who told me i was terminated that someone had given her stuff for free at the retail store.

Question: Why do they got to bring all this non-sense poop into my face instead of just telling me that im getting terminated for (see the two reasons above)

and i wouldve comprehend it right then and there

 

[cbg]

Well, you comprehend it now.

So instead of wasting time here trying to figure out your employer's motives (which no one here is privy to either) I suggest you spend it more productively by looking for another job (and being a little more careful in your behavior when you get it).

 

[Jay Schiffres]

Additional Cause of Action

In addition to the advice you received here you probably have a good case for defamation of character

 

[cbg]

Not at the present time he doesn't; not based on the facts as he's presented them.

He is missing a major element of a defamation claim.

 

[ep82]

im sorry, can someone please elaborate on the defamation of character since i do not know a lot on my rights as an employee

i would just like to know, just incase this happens again im more prepared

o yeah, cbq is (a contract) that big element im missing here

excuse my noobness(rookie at this stuff)

 

[cbg]

Forget about the defamation idea. It isn't going to fly.

The missing element for a defamation case is not the absence of a contract, but the fact that no one outside of yourself and a member or two of management (who have a need to know) have been told there is any question of "thievery". For a defamation case, false or negligent statements have to have been broadcast or published to an audience, and as a result of this broadcast or publication, you have suffered damages. No such broadcast or publication has taken place.

Don't even try to go down this road. The person who brought it to your attention has no idea what he is talking about and I'm sorry he did so.

 

[ep82]

No such broadcast or publication has taken place.

do u mean like telling the corporate office of what just happened, cuz according to the person who terminated he told me that this is already in the hands of loss & prevention

But to tell u the truth i have no clue of what he(person who terminate me) meant


another reason im trying to make a big fuzz out of all of this is that i dont want this to follow me to my next employment oppurtunitie i get.

 

[Katy W.]

Trust us, there is no defamation here. Defamation has to be proveably untrue, and generally the false account must be stated deliberately in order to harm someone's reputation, and as CBG said, it needs to be published to a 3rd party outside the company. Your drawer being short a couple of times is plenty of reason for them to say they decided that you were stealing.

Usually the reason employers don't come up with exactly the right answers at the right time is that supervisors have uncertainties just like you or I do about big decisions, and while they had decided they were going to let you go, they hadn't solidified the exact wording of your reason for discharge. This is not illegal. Your ex-employer can say want they want to about you to prospective employers as long as it's the truth, or their perception of the truth. This is indeed a reason to get your act together at work.