Quote:
- I had been with this company for nearly 2 years. I put in the most hours. 40 hours/6 days a week for over a year. Nobody had more hours than me. (one could argue that, because I was there more, I was more likely to recieve secret shoppers)
- The actual secret shop that led to my termination was a split table, meaning, I was not the only one responsible.
- I AM capable of doing my job as my FIRST two performance reviews (done in 09') were both 100%.
- I know of two employees who are still working with the company after having MULTIPLE (about 6) performance reviews that were below 100%, and are still there. They will testify with me..
- The same franchise that fired me.....RE-hired me at a different location (where the same policies apply) about 3 weeks ago.
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Of all of these, I think only the last one really matters.
--Working more hours does not mean your performance expectations are lower.
--Unless the company policy has an exception for secret shopper reviews with split tickets, this matter may not be considered relevant by the judge.
--Unless the company policy stated that poor secret shopper reviews would be weighed against better ones from the past, it doesn't matter that you had 100% reviews before. It only matters that the policy was violated
now. Just like if a company had a policy against stealing, and you never stole in the past but did once and were fired for it, that wouldn't be an argument for being eligible for benefits.
--The fact that others were not terminated for the same behavior is a dubious argument. You need to be prepared for the possibility that the judge will not find their testimony relevant. Generally a judge does not care how the employer treated
other workers, only whether or not how they treated
you meets the criteria for 'termination for cause'. Did you furnish their names when you filed your appeal? Generally you have to submit your evidence beforehand, including the names of witnesses.
--The fact that they considered your performance sufficient enough to be rehired is probably a good thing. But if it is a franchise, and thus two separate businesses with separate owners, then that would be problematic, since the separate owners don't necessarily have to follow the same policies.
Good luck!
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