Hello, I'm posting this on behalf of a relative who was in my opinion wrongfully terminated. Here's the story:

A few days ago, my relative went to work as usual (grocery store) showed up on time just like any other day. She had planned to buy some groceries for the christmas dinner so her daughter came along with her. The employees are entitled for a discount on all their purchases, which is 10 %. This was the first time they were going to buy from the store and ask for the 10 % off. As the daughter was going to the cashier to pay for the groceries, my relative went over to tell the cashier that they were together and to ask for the discount.

Suddenly, out of nowhere, the owner's wife approached my relative and asked her to go back to do her job, my relative replied that she was only trying to get her the 10 % discount. She was then told again to go back to work. At this point, she was told she was fired and to go pick up her check.

This was witnessed by a few people near and they all showed their disgust at the owner's wife actions. We believe my relative was fired in retaliation and believe she was discriminated against.

Now, as far as questions...

1) Is this lawful ? Can an employer just fire you like this?
2) Discrimination? Other employees buy their groceries too and they weren't fired.
3) Can we pursue legal action against the employer?

Mainly we're concerned that she was been abused and she feels pretty bad about it, now me as a relative of her, I feel that employers shouldn't get away with something like this without a consequence.

Any information will be very appreciated. Thanks in advance

In mass, you can be fired for just about any reason, as long as they dont come right out and say its because of race or sexual orientation. The employer can decide at any time thet a persons services are no longer needed.

And not to be a jerk but - she really didnt have any business doing anything other than her normal work duties when your on the clock. The employer is not paying her to ensure that she gets her 10% discount. She should have arrive 1/2-3/4 hr early, done her shopping, gotten herr discount and then went to work, letting the daughter go home.

As an employer, I will go out of my way to ensure that my employees are comfortable in their job and enjoy coming to work but ive had people tell me how their "entitled" to smoke breaks, they wear a cell phone and take calls during the day that (after overhearing) are obviousely not important enough to disrupt the workday. Running to the bank/store on lunch and get back 15-20 minutes late " sorry, traffic was murder".

Ya never know, maybe the manager was just having a bad day and she just happened to walk by, not knowing the situation - snapped. Bosses have bad days too. People think that bosses have an easy job, make allot of money and can set their own hours.

I would suggest a meeting with the Mgr, explain the situation, apologize and see what can be salvaged. But honestly, being a grocery store she's better to just move on-possibly getting a raise in the process.

It's really not about the money, the job or the discount. It's the fact that she was treated unfairly, pretty much stomped on by a bully, and we don't want to let this person get away with treating people like that.

This is America and the law is to be abbided by and respected by everyone, my relative didn't deserve to be treated like this, especially when she comes to work with a smile and treats the customers with so much enthusiasm and kindness, so for her to get fired like this is... we just don't want to say "too bad, move on". We feel we have the opportunity to set a legal precedent and if there's a the opportunity to do it, we will.

If your looking to have a law named after you - you better be tied in with congress. It just aint gonna happen.

It IS about the Discount, because THATS the reason why she was let go. She was not doing what she was hired for, instead she was at the register getting her discount - on company time. Thats not why she was hired.

Could she have been fired differently? Probably. The reality is though, she is not entitled to a going away party and a handshake. She/anybody can be fired for almost any reason as long as they dont state race/age/sexual orientation as the reason. Its cold but thats the way it is. Termination is never a happy time for anybody. Even employers hate to let someone go. They have to advertise, train a new person. That takes time that an employee dont understand. Allot of people today feel they are entitled to a job. What their entitled to is, to come to work on time, sober, do the task required of them in a timely manner and go home at the end of the work day. This aint the 40's where labor unions have society convinced that workers "deserve" a job. You get what you work for.

Seriousely, move on, go to school, get a trade. I know it sounds harsh but, retail, department stores, fast food places have a high turnover because the people that work there, dont have many other skills or are in college trying to break out of that.

If she thinks she has a claim, call the labor dept. If the owner was wrong - they will be thrilled to jump on her for it.

If you want to get technical, mass labor law states employees are entitled to up to two 10 minute breaks in a 8 hour shift. So my relative could very well be doing whatever she wants to be doing in those breaks and theres nothing wrong with that. Again, we're not looking for notoriety or anything like that, we're just upset at the fact that this person who happens to be the owners wife thinks she can stomp on people because she has money, and thats not the way it is. period

If you want to get technical, mass labor law states employees are entitled to up to two 10 minute breaks in a 8 hour shift.

Yep. but no one is going to side with her taking a "break" right after she punches in for the day.

It seems like your feelings got hurt by this. Sorry, thats life. Theres allot of injustice out there.........read my sig line - it puts things in perspective

she actually had been to work for 2 hours already and actually yea feelings got hurt, when someone hurts you, you react you don't hide or run away.

Just so you know, not only was this not a "wrongful termination" under the law; the employer didn't have to give a reason at all. "Your services are no longer required" would have been all they had to say.

ok, if that is what the law says, then honestly there's nothing more to say. Thanks for the help

For the record, a wrongful termination does not mean one that is unfair. It means that there is a specific law (including public policy) that was violated by the termination. Not a company policy, a law.

Also for the record, MA law does not require "up to two 10 minute breaks in a 8 hour shift." MA law only requires 30 minutes of unpaid time for a meal every 6 hours. Here's the statute for future reference: http://www.mass.gov/legis/laws/mgl/149-100.htm.

Thanks, Phil, I missed that one!

MA law does not require rest breaks of any kind.