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View Full Version : Was this really justified?


justaguyGA
03-25-2006, 04:17 PM
GEORGIA

I was recently terminated from a C-Store company and had a few questions.

BACKGROUND:

I was working an extreamly long shift (ended in 22 straight hours) because the store manager was out of town and other employee's had called out or not shown up (24hr location). I was scheduled to work a "double" if i recall correctly.

During the quiet hours of the early morning i decided to use the company's computer to dial into my personal internet account and read my web-mail.

I opened a Zip file to view it's contents to a sub folder on the desktop
(eg. Desktop/Folder1/Folder2/ ) that i received to view it's contents.

The file contained some images which i would not call pornographic but more akin to the images found in men's magazines such as Maxim and such. Not the "sealed" kind. Although thease images were profesionally done.

After viewing these images i deleated the entire folder "Folder2" but am not sure if i emptied it from the recycle bin.

2 months passed and nothing had happend in regards to this matter.

The store manager (Female) was complaining about her taxes and the amounts she had figured would either get her a little return or have her owing money.

I made mention that the IRS has links thru it's website to where you have your taxes prepared for little or no money and at least doing it "profesionally" would make sure her calculations are correct.

She said stated that she does not own a computer and didnt feel comfortable entering her personal information into the computers at the library.

I offered her the use of my personal dial-up account to use on the company's computer and she agreed and proceded to fill in her return. Then left.

I finished out my shift as usuall with no complaints. Then proceeded to take my 2 days off. (Thurs + Fri)

Friday afternoon i went to the store to collect my paycheck with my family waiting outside.

I collect my check which was given to me in a hurry with the Manager looking over with a smug grin and un-usually silent. As i was leaving the Area Supervisor was entering the store.

I figured that something wasn't right and told my family i'd be back in a moment and returned to the store to find the Manager showing the Area Supervisor the images from before. When the Area Supervisor asked if i knew about the images i denied that i knew about them and left.

When i returned home i had a Voicemail stating that i was suspended until Monday and that he would call me for a meeting.

In the meeting he had claimed that the images were Sexual Harassment and that i should not have been using the computer and was terminated...

When i asked about my Separation Notice and what it would state he said that it would say i was terminated for the computer use and that the notice would be with my last check.

To this date i have yet to receive a Seperation Notice from them (2 months)

My Questions are:

1. Was this really Sexual Harassment?
2. a. Do they have to give me a Seperation Notice?
b. If they finally do and it says Sexual Harassment how can i fix it?
3. If a prospective employer calls them to verify employment and they say
i was terminated for Sexual Harassment what can i do?

Any other input on this matter would be appreciated because i'd like to prevent this from effecting my future employment elsewhere or the posability of filing for UI.

momaw
03-25-2006, 09:24 PM
The only thing i'm going to say is this really shouldn't be sexual harassment. Your actions were not directed towards anyone specifically. Which normally in sexual harassment you have to be doing something to someone else, whether it be verbal, physical, or maybe even now a-days actually SENDING the email to someone could be grounds for sexual harassment. I don't think this was justified in my opinion.

Pattymd
03-26-2006, 01:12 PM
There is no law in Georgia (nor most other states) requiring a separation notice.

However, whether it was sexual harrassment or not, an employer can fire an employee for any reason that does not violate the law, and nothing in your post indicates that the employer violated anything. It WAS however, inappropriate use of the company's computer systems, in my opinion. Just be prepared to explain this in an interview when asked.

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