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1. She never left the establishment with items, can they deny her unemployment when no legal action acknowledged by law enforcement has taken place?
2. Is it a bad idea for her to use this place that has 15+ years of her work life in her future references?
3. If denied unemployment, is it even worth it to pursue an appeal?
4. Can any legal action be taken if files for wrongful termination due to not wanting to deduct pay (assuming that a court sees her theft as not stealing but simply moving)
Thank you all for your time.
No lawyer necessary, these questions have simple answers. I'm a Human Resources Director with 18 years experience.
1. She can apply for UI, the employer can dispute the claim. The state makes the decision. If she were in my state (WA.) she'd likely get it. Florida, not as likely.
2. No, not a bad idea. She had a long history, a gap that long would raise more eyebrows. It's best if she has positive relationship with key people there that can provide a positive reference. The key is for her to be able to clearly explain her reason for termination. You've already described it pretty well, I believe it.
3. Appeal! Doesn't cost anything so nothing to lose.
4. As others noted, this does not meet the legal definition of wrongful term.
Fact: She took the apples out of the room, and placed them in a storage room. This is not what she was permitted to do by what you have said. They have a video of her taking the apples from the room. She then left them there, and was leaving for the day without taking them to Security as the company rules required.
Remember Texas is an at-will state. A person can be fired, with or without a cause. She was fired with cause. Theft of apples from a guests room. It does not matter what she thought was the right thing to do. It does not matter that she just simply forgot the apples and did not take them to Security. She broke company rules, by not taking them to Security which is what she was required to do by the rules, and not taking the apples to security was a breach of company rules, and it caused trouble with a guest.
By firing her, the guest is being told that the company will not stand for their room cleaners taking guests belongings. It gets the company out of potential problems with an angry guest. With that problem, firing your mother solves a problem with a guest that could cause problems. It shows that the company does not put up with room cleaners stealing guests belongings. This is standard operating procedure for the hospitality industry. And as she violated company rules, they have a right to fire her.
Most states, employment is at will unless you have a contract which means you can be fired for any reason or no reason. Sorry, but she didn't follow the rules and technically what she did was steal from a guest. She didn't bring the item to security immediately like she should have so it sounds like she broke a few rules. Who knows what else they had on her in the past. I'd move on and find a new job.
She should file for unemployment. In some cases the employer will not bother to send someone to object at her hearing. If they show up she can relate what you have written here. In fact, write it up and submit it if they object to her UC. A sympathetic counselor may well allow her the compensation over the employer objections.
She should list the employment but not ask for references. When asked in the future about why she left the job, she can say she had seniority and a good salary rate, they were in a mood to cut costs, so she got the ax.
"Which is pretty much the case, eh?"
She should file for unemployment. In some cases the employer will not bother to send someone to object at her hearing. If they show up she can relate what you have written here. In fact, write it up and submit it if they object to her UC. A sympathetic counselor may well allow her the compensation over the employer objections.
She should list the employment but not ask for references. When asked in the future about why she left the job, she can say she had seniority and a good salary rate, they were in a mood to cut costs, so she got the ax.
"Which is pretty much the case, eh?"
I agree with this. Future employers can be quite sympathetic to these older-worker firings. Perhaps she can get a letter of recommendation---lawyers can often wrangle that even if "fired for (TRIVIAL) cause." Anyone can make a mistake. What a heartless company.
The 15-year track record should hold her in good stead. I am really sorry for your situation, OP!
No lawyer necessary, these questions have simple answers. I'm a Human Resources Director with 18 years experience.
1. She can apply for UI, the employer can dispute the claim. The state makes the decision. If she were in my state (WA.) she'd likely get it. Florida, not as likely.
2. No, not a bad idea. She had a long history, a gap that long would raise more eyebrows. It's best if she has positive relationship with key people there that can provide a positive reference. The key is for her to be able to clearly explain her reason for termination. You've already described it pretty well, I believe it.
3. Appeal! Doesn't cost anything so nothing to lose.
4. As others noted, this does not meet the legal definition of wrongful term.
Your experience has nothing to do with this particular company and to give what is considered
*legal* advice is against the TOS of this site.
A lawyer is necessary for the area the person lives in to ensure proper handling of the legal situation.
HR experience has little or nothing to do with the legal labor system and how it works.
She never stole the item. The customer had checked out prior to the check time. Belongings and any sign of life was not there.
They falsely accused her. She never took any item from the premesis.
It just wasn't put in the location they wanted on the premesis. Clearly they were going to fire her anyhow but used the term stealing, a lie, to to it so she cannot get unemployment. And to re-hire for the position at a lower rate of pay saving them about $5 per hr.
It is doubtful a customer complained about missing apples since they were gone from the room completely already. No belongings or anything left. That story is likely fabricated just as the stealing story is. She can contest it with the unemployment development dept if she files for unemployment. She can also say she heard the position is being paid differently, basically much less $$ so it appears to the EDD that this is the cause. That they were going to fire her for something anyhow.
She didn't take the apples to the front desk but stored them in a closet somewhere temporarily. No biggie.
I am sorry she was let go, and under those deceitful conditions. I do wonder why she bothered to pick up the apples, she was cleaning the room right? I would've just probably tossed them out, especially if the people look as if they are gone. Every maid comes in prior to checkout to clean rooms, most rooms are probably cleaned prior to checkout anyhow.
The UNEMPLOYMENT section of this forum always advises to just write fired and give no reason to EDD. Then if declined, it forces the company to reveal their reasoning for the firing. It's so silly my guess is....they won't put it down on paper for fear they will loose. It gives you time for your defense knowing what you are defending...and ups your chances of winning. You can also ask this in the unemployment forum. I learned this by reading that forum.
I don't think you will need a labor attorney as if you follow the advice in the unemployment forum she'll probably win. This is just silly, she was lied about. The item was misplaced into a closet, that's all. And it's a bag of apples for Goodness Sakes
Last edited by BingoQueen; 07-07-2017 at 04:57 PM..
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