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Old 12-29-2010, 02:43 PM
 
102 posts, read 217,651 times
Reputation: 25

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Hi, was just recently fired December 19th from my job of a little over 5 yrs. I was a shift supervisor as of February 2010. My manger and district manager refuses to discuss any reasons why or any details and keeps telling me that I have to call Human Resources for the reason of termination and any questions and details I may have. On Dec. 17th, I was placed on suspension after being interrogated for over an hour and told if I didn't cooperate they were going to call the police on me and have me prosecuted and I'd lose my job. They said they had to do an "investigation" and it would take a long time. Two days later I got a call saying I couldn't come back to work.
So, when I call HR, they keep telling me that it's the stores policy that the store manager is the one that has to tell me my reason for termination and any details and it's also their policy that HR is not authorized to tell me anything. I've been going back and forth for two weeks now and still haven't gotten anywhere because no one will tell me anything. I need to know the reason of termination for one because I don't know why I was fired (I have an idea, but they're not going to tell me that reason because it would definitely put them in the wrong light), but also because I need it for unemployment purposes to put when I file.
When I called the manager back and told him that HR keeps telling me they cannot tell me anything and that he needs to tell me because HR said he's going against the policy if he doesn't, he blurted out "Gross Violation". I asked what that meant and his response was: "I don't even know if I was supposed to tell you that, but that's what they told me to put in there. So that's what I put it in as." I asked again to explain it to me because I'd never heard of that before he said he didn't know what it meant and to call HR back to find out.
HR said he has to tell me anything I need to know and they cannot tell me that information. When I told them that the store manager didn't know what it meant he said "Wait a minute, your store manager put your reason of termination in as gross violation, but can't even tell you what it means?" then he sort of laughed and said the manager needed to find out and tell me because it's his responsibility.
I requested my employee file and they said they had already removed it. They've given me false numbers to call, no reasons or explanations. I believe I was set up to be fired because the store managers best friend is a cashier there and after numerous attempts of trying to get him raises and full time, he has been shot down in doing so. I found an e-mail to the district manager stating that his friend is his "number one cashier" and that he has already started his management training and is "next in line" for shift supervisor. This was about 4 or 5 months ago.
I have never been trained for my position because they "didn't have time" so how is it he's got time to train him AND a lady in Pharmacy that plans on moving out of state in a couple years and wants to be a shift when she moves... but not time for the one you gave the job to? I believe that this happened because it was the only way he saw he could get his friend what they both wanted. Can anyone tell me if this is a case to pursue and can anyone explain to me what a Gross Violation is?? Thanks.

PS: I have never been in any type of trouble, I've never been a thief and my background checks are completely clear. This is embarrassing to me because I feel I'm being made out to be someone or something I'm not and I have a family to take care. This is all making me depressed, and stressed out, bills are due and I can't do anything. Help would be appreciated.
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Old 12-29-2010, 02:51 PM
 
Location: Southern California
3,113 posts, read 8,379,755 times
Reputation: 3721
I remember your last post, where you were afraid you might get fired soon. Are the issues then, still a factor more recently?
Employer threatening job after son and myself being in the hospital and on doctors medical leave
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Old 12-29-2010, 02:52 PM
 
Location: Matthews, NC
14,688 posts, read 26,617,537 times
Reputation: 14409
Unless you had a contract you can get fired for pretty much any reason so long as it doesn't violate EEO
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Old 12-29-2010, 03:23 PM
 
26,142 posts, read 31,186,791 times
Reputation: 27237
Although illegal or dangerous acts committed in the workplace are likely to qualify as gross misconduct, the acts need not be criminal or otherwise unlawful in nature. In some instances, even acts that occur away from the workplace have qualified as gross misconduct. A definition widely used by the courts goes something like this: Acts of gross misconduct are intentional, wanton, willful, deliberate, reckless, or in deliberate indifference to an employer's interest. Often, acts that will prompt an employer to terminate an employee are those done in deliberate violation of the employer's known standards. However, those acts may not constitute gross misconduct for COBRA purposes unless they go beyond simple negligence or incompetence.

COBRA Insurance Information Help :: What does "Gross Misconduct" Mean?
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Old 12-29-2010, 03:25 PM
 
102 posts, read 217,651 times
Reputation: 25
No, I haven't had to go to the doctors for an emergencies and I haven't had any attendance issues. He had to have "talks" with me because he said I "talk too much" when I'm helping customers, but the customers have all thanked me and I've had multiple customers who have called the corporate line to leave positive feedback about me and I've had a lot of customers leave their praise with the manager and he would just stand there and scoff with a fake smile. So when I stop talking to a lot of people, conversation wise, then people started going to him with concern and complaint that I don't talk, asking what's wrong, so then he had to have another talk with me. I couldn't win for losing.
I've taken on extra hours, offered to come in early or on off days and work extra, etc. Then one day I was working (had the next day off but was going to come in and help for a few hours), the district manager was there with the loss prevention manager while the store manager did whatever he was doing outside the office. They then interrogated me for over an hour asking me if I had ever stolen anything and kept prying at me to admit something. He went through every isle in the store, and even tried to get me to say if I've taken cash from the store, lottery tickets, scratch off tickets, coupons, if I had stolen for my kids, etc. I was a shift. I made sure I always put my name on all my deposit slips. I was handling the cash and the deposits on a daily basis and even taking them to the bank and dropping them off and doing cash runs. NEVER had my deposits or drawers been off! Nor had I ever stolen anything. I'm lost for words. There was even a girl who quit because she was so mad that he had me fired for bogus reasons. Besides myself and my family, there are a lot of upset customers that are refusing to shop there now (regular customers, too).
They still allow me in the store and they still let me go in the office when I come in if I need something from them and now the store manager sounds all nice and chipper with me ALL the time like we are buddies and he rushes to do something for me when I come in and say I need it for certain purposes. I don't know what to do...
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Old 12-29-2010, 03:26 PM
 
26,142 posts, read 31,186,791 times
Reputation: 27237
Quote:
Originally Posted by bouncethelight View Post
I remember your last post, where you were afraid you might get fired soon. Are the issues then, still a factor more recently?
Employer threatening job after son and myself being in the hospital and on doctors medical leave

Question
QUESTION: Hi,

I was terminated because my doctor did not release me for work by the specified date of the employer. I had a major surgery requiring 6 weeks recovery, 4 at minimum per the doctor. Can they do this?

ANSWER: Hi, Fenecia. This sounds like a gross violation of employment law.

Employment Law: Termination while under doctor's care, good faith and fair dealing, unlawful discrimination
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Old 12-29-2010, 03:28 PM
 
26,142 posts, read 31,186,791 times
Reputation: 27237
Quote:
Originally Posted by Blumommy2 View Post
I don't know what to do...
You call a lawyer specializing in employment law.
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Old 12-29-2010, 03:28 PM
 
102 posts, read 217,651 times
Reputation: 25
They said I don't have insurance anymore. And all that HR would tell me is that "Gross violation" means I will never be eligble as a rehire for the company ever again. Why would they "black ball" me like this? I'm scared to fill out applications because they fired me for something that I never did! *sigh* I don't know why this is happening other than knowing that he wanted his friend in my position.
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Old 12-29-2010, 03:30 PM
 
26,142 posts, read 31,186,791 times
Reputation: 27237
See above post - contact a lawyer specializing in employment law.
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Old 12-29-2010, 03:35 PM
 
102 posts, read 217,651 times
Reputation: 25
I just found a list of pro bono lawyers in and around my area. They refused to give me copies of the documents in my employee file, which is also a violation, I've found, under the Freedom of Information Act. They put me on suspension and after I got fired I asked for my information out of the file and they said they removed my file from the premise because I no longer worked there, but then she mentioned she took it with her when she left the day she (the district manager) put me on suspension.. she said no decision had been made. So why did my file leave with her that day if I was still with the company? Tells me that they were playing with me and had intended on firing me any way.
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