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  • Likely being terminated Massachusetts

    Deleted...
    Last edited by Chris092881; 10-29-2014, 08:22 AM.

  • #2
    This would not be an illegal termination. You can be terminated in at-will employment at any time for any reason as long as it is not a reason prohibited by law (ie age, religion, gender) or unless you have a binding employment contract to the contrary.

    You can file for UI if you are terminated. The state will decide if you qualify.

    http://en.wikipedia.org/wiki/At-will_employment
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Also, the company is free to "pick and choose" who to fire as long as it doesn't make that decision for a prohibited reason (firing only members of one race, for example). The reason that the assistant is not being fired may be that you and the pharmacist are more senior or higher on the totem pole and therefore expected to know better.
      I am not able to respond to private messages. Thanks!

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      • #4
        Undoubtedly I agree with Betty & Marketeer. However, something that needs to be point out is horse play. In the stockroom? If you wanna horse around, do it on coffee break or lunch. But NOT in the stockroom. If you have your boss' consent to horse around, fine. But maybe in the front lawn? Back lawn? Maybe? If you are injured while playing around, and simple and harmless as it may seem, you really can be injured, severely in fact, and your employer ends up paying for it. Liability issue big time. Some employers will allow it, apparently yours does not.

        In this case equipment was damaged. Is it permanent? No. But security equipment was damaged. And yeah, some people get really tweeked about that at times, as you can see.

        And this is why you were fired. Who really knows why the one boss didn't lose his job. It's no one elses business even though it seems unfair. But you said you were there for 9 years. 9 years is long enough to know what you can and cannot do, should and should not do, and what limits there are and what it takes to get canned. As you just found out.

        Hope I don't sound like a jerk, just telling you what I see (as a former employer/small business owner).
        I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
        Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
        I also may not have been either sane or sober when I wrote it down.
        Don't worry, be happy.

        http://www.rcfp.org/taping/index.html is a good resource!

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        • #5
          But the idea of the company seemingly picking and choosing who they terminate for the same offense bugs me, and it doesn't seem right. "Right" is subjective. It IS legal. They may legally treat different classes of employees differently; the idea that all employees must be disciplined identically for the same transaction is a myth.

          Is this a worthwhile thing to fight? No

          Do I have a legitimate case? To be annoyed? Sure. To take legal action? Not even close.

          Will I be eligible for unemployment benefits?
          That's a toss up. By all means apply, though. The worst that can happen is that you're turned down, and in that case you're no worse off than if you never applied in the first place. And you can always appeal. If I had to guess, I'd say you would be denied on the first round and the decision reversed on appeal, but I could be wrong in either direction.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            Management is free to let you go for being too good a worker , for not wearing green socks or no reason at all or horseplay in a stockroom.

            Whether or not a bit of tossing a ball in a stockroom constitutes willful misconduct as defined in MA Is not a question you asked...but you might be smart to make few or no comments about unwise conduct If you intend on filing for UC.

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            • #7
              There is no case. Any appeal rights you might have would be purely company policy or union (if you have one). It is completely legal to fire you. You don't get a pass for bad behavior because they outcome could have been worse. There are any number of legal reasons why employees may be treated differently for the same offense including, degree of involvement, level of responsibility, tenure, how good of an employee they are, employee's reaction and response to getting caught, business necessity, effect of any particular course of action on the store as a whole, favoritism, who actually caused the damage, past performance/history, how difficult the position is to fill, or a million other reasons.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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              • #8
                Deleted...
                Last edited by Chris092881; 10-29-2014, 08:22 AM.

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                • #9
                  You didn't mention race in your original post. You would have to be able to prove that you are being let go solely because of your race and not because, as others here have stated, they thought that with nine years' tenure you've been there long enough to know better. The manager's "threat" is not blackmail. It's a statement that, if you choose to fight the issue with corporate, corporate could implement a zero-tolerance policy that will cause others to lose their jobs as well.
                  I am not able to respond to private messages. Thanks!

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                  • #10
                    So you're saying the real reason they're firing you is because you're white? And that this football vs camera thing is just a coverup for their racism? Really? This belief of yours + some hard evidence (whatever that may be, you haven't provided any here) will maybe get you an EEOC investigation, file a claim with them.

                    Please explain the blackmail thing - I've read your original post three times and cannot see any blackmail anywhere.

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                    • #11
                      Basically it wasn't just equipment that you broke. It was a security camera and it doesn't sound like you all noticed it or even reported that you had hit it to make sure it was still working properly and pointed at the same place. So not only did you move/break it but you didn't notice. I think the bigger failure is that you all didn't notice.....or no one admitted to it early enough. (It is possible that the assistant manager was the one who did and that is why he kept his job.)

                      Honestly if I were loss prevention, I would wonder if someone moved the camera on purpose (and do so in a manner where it could be claimed it was accidental). i suspect even unintentional tampering of the security system is a fire-able offense. Others didnt' get fired for playing football in the stockroom because they didnt' damage the security system.

                      Sometimes after 9 years, it is easy to get comfortable/sloppy about your work environment. That can lead to consequences beyond what you think they should be.

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                      • #12
                        Deleted...
                        Last edited by Chris092881; 10-29-2014, 08:23 AM.

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                        • #13
                          I still don't see where being terminated would be illegal in this case unless you have a binding employment contract to the contrary or you can prove discrimination based on a reason prohibited by law. Maybe you will not even be terminated. If you are terminated, apply for UI & see what the state decides.
                          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                          • #14
                            Personal view..management is free to fire for no reason at all or the dumbest of reasons .

                            That two guys of race Q may get tossed and a guy of race R is not tossed over apparently the exact same event adds a big fly in the ointment ....and HR may have the wiser view .

                            Again just personal view ..you get into insubordination if you fail to sign a receipt for some docuement and that can get you fired...however I would not sign as agreeing with some other authors version of the events unless it was dead on accurate

                            The view that LP tends to over react is not by itself improper ...but that some decisions got reversed after the fact is a bit unsettling as to why....my crystal ball is out .

                            I think your HR staff may be the wiser heads in this one...Hope they prevail..help them to prevail ...

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                            • #15
                              Deleted...
                              Last edited by Chris092881; 10-29-2014, 08:23 AM.

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