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  • About to be wrongfully terminated in Indiana

    Hello all,
    I am an employee for a chain video store and have been for about 9 months. In December I was transfered to another store in the same town. And this store has had an ongoing problem with employee theft.

    Now today I was asked to fill in a shift at my old store and was pulled aside by a manager and friend who asked me if I was the one stealing video games from my current store. I told him no I was not (because I have not stolen anything from my employer regardless of location). I guess he was asking because my current store manager has been telling the people at the other store (the one I worked at today) that I am the one stealing from his location. I then proceded to ask around and have found out that several co-workers have also heard this from him.

    I have also heard him telling job seekers that he will have an opening after our new loss prevention coordinator is in place and he can fire someone. Again I have taken nothing at all, in fact my only "crime" has been being outspoken about policy changes (hourly employees can't touch live video games when they are returned, cant rent them out and are now escorted to the restroom).

    I feel that I am being singled out for something I did not do and want to know my avenues of legal recourse if i am indeed terminated.

    Thanks,
    Kyle

  • #2
    It's not illegal to terminate an employee for suspected theft. A wrongful termination is not being terminated for something you didn't do but being terminated for a reason prohibited by law (ie age, religion, gender ....)

    http://en.wikipedia.org:80/wiki/Wrongful_dismissal
    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.

    Comment


    • #3
      Your avenues of legal recourse are to find another job.
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

      Comment


      • #4
        That's about it. I see no case.
        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.

        Comment


        • #5
          You might take this as a learning experience for the future. When there is a problem with theft of specific items, and there are policies implemented to address the theft of those specific items, being the loudest person complaining about those policies, rightly or wrongly will raise suspicion that you are the one doing the stealing.

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          • #6
            I thought the same thing - OP's complaints didn't help any.
            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.

            Comment


            • #7
              Originally posted by OHKYWV View Post
              You might take this as a learning experience for the future. When there is a problem with theft of specific items, and there are policies implemented to address the theft of those specific items, being the loudest person complaining about those policies, rightly or wrongly will raise suspicion that you are the one doing the stealing.

              I personally would be highly offended if I heard rumor that I was a thief and learned that the boss was slandering me in this manner. I would scream loud, absolutely, its an insult and not an innocent one at that, its slanderous.

              To say that if someone protests loudly and so that makes them appear the guilty one is wrong in my opinion. I would never take something not belonging to me and would SCREAM if accused, extremely offended and more.

              I am surprised that a post like this and being escorted to the " rest room " is NOT normal practice and its NOT LEGAL.
              Last edited by LH42; 02-25-2010, 07:49 AM. Reason: none

              Comment


              • #8
                Originally posted by KyleD View Post
                Hello all,
                I am an employee for a chain video store and have been for about 9 months. In December I was transfered to another store in the same town. And this store has had an ongoing problem with employee theft.



                Now today I was asked to fill in a shift at my old store and was pulled aside by a manager and friend who asked me if I was the one stealing video games from my current store. I told him no I was not (because I have not stolen anything from my employer regardless of location).


                I am sorry you had other opinions here that made you feel worse no doubt. I wanted to give you mine and support you in that I would feel and act just as you are, offended and libeled by this. It is apparent that the store had trouble before YOU arrived at that OTHER NEW location and you are NOW the scape goat. Since the manager is pointing the finger at YOU now, who did they point the finger at BEFORE you arrived on the scene and there was obviously theft problems. I wonder if the manager is pointing fingers at you, so they don't point back at him. If its okay to slander in this way, then its certainly a right to oppose and defend yourself. I would be looking at the one pointing fingers MORE, since this has been an ongoing issue at the MANAGERS location!

                I guess he was asking because my current store manager has been telling the people at the other store (the one I worked at today) that I am the one stealing from his location. I then proceded to ask around and have found out that several co-workers have also heard this from him.

                SLANDER

                I have also heard him telling job seekers that he will have an opening after our new loss prevention coordinator is in place and he can fire someone. Again I have taken nothing at all, in fact my only "crime" has been being outspoken about policy changes (hourly employees can't touch live video games when they are returned, cant rent them out and are now escorted to the restroom).

                Being escorted to the rest room is not legal. I would gather as much evidence as I could, document it all, get witness statements on how your being slandered and lied about ( in the background be looking for another job) and THEN seek legal council and present all your evidence

                I feel that I am being singled out for something I did not do and want to know my avenues of legal recourse if i am indeed terminated.

                Thanks,
                Kyle

                I am sorry you are going through this

                Comment


                • #9
                  Originally posted by LH42 View Post
                  I personally would be highly offended if I heard rumor that I was a thief and learned that the boss was libeling me in this manner. I would scream loud, absolutely, its an insult and not an innocent one at that, its libeling.

                  To say that if someone protests loudly and so that makes them appear the guilty one is wrong in my opinion. I would never take something not belonging to me and would SCREAM if accused, extremely offended and more.

                  I am surprised that a post like this and being escorted to the " rest room " is NOT normal practice and its NOT LEGAL.
                  1. I said rightly or wrongly.
                  2. It is not libelous.
                  3. I would be personally offended if I was innocent and suspected of theft. I would also not protest against neutral rules of conduct that apply to not only myself.
                  4. It is in fact legal. If you are aware of the law that prohibits these store rules, please post them for all of us to be educated.

                  My post deals in reality - Personal outrage is a nice thing to have for some people, more important than employment apparently. If you can afford to lose your job, go with that every time.

                  Comment


                  • #10
                    There are many ways to deal with your situation. You need to decide what your end-goal is and figure out the best way to achieve that. I understand how it feels when your honor and integrity are being attacked, but, as the senior posters have stated, nothing illegal is occuring.

                    If you want to keep your job, acting calmly and dealing with your manager directly will more beneficial than screaming libel. Tell them that you've heard the rumors, and that you want to do everything you can to build their trust in you. I would however, keep looking for a different job.

                    Best of luck to you.
                    Don't feed the trolls.

                    Comment


                    • #11
                      OP, what is the chain of command at your job? Generally you will need to address any grievances with your immediate supervisor, but there should (hopefully) be another level that you can take this complaint to before a termination occurs.

                      It is of course extremely unprofessional for your current store manager to be spreading rumors, so I would suggest taking the high road and addressing this with him first. Try to keep your cool and ask if he has any evidence and explain that you are upset by the false accusations. Let him also know that you will take this to the next level if the spreading of the rumors by him do not cease immediately.

                      And document, document, document everything that has been told to you, by whom and when; also document any talks you have with your manager about this. If termination does happen and you file for UI, you may need this information to help with your claim.

                      This is my first posting to this forum, and I do not claim to know Indiana laws. I only hope that this advice will help in some way.
                      The opinions and advice I give are strictly from my own experiences and respect that others may feel differently than me. I do sometimes play devil's advocate, but mean it as no offense towards anyone.

                      Comment


                      • #12
                        Its not legal ANYWHERE to escort someone to the RESTROOM. Going to the RESTROOM to relive oneself is PRIVATE. Now, that would be construed as violating someone ( GENDER DISCRIMINATION ) Unless ALL employees, male and female are being escorted to the restroom, and honey; if that IS whats occurring the manager and owner better watch out for a class action claim!

                        I can't believe you would find it REASONABLE under any circumstance to be escorted to the restroom, this is against HUMAN RIGHTS, and employers must adhere to those as well.

                        Seriously ? You said that ?

                        Comment


                        • #13
                          Please post the law that makes it illegal to escort someone to the bathroom.
                          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.

                          Comment


                          • #14
                            Originally posted by LH42 View Post
                            Its not legal ANYWHERE to escort someone to the RESTROOM. Going to the RESTROOM to relive oneself is PRIVATE. Now, that would be construed as violating someone ( GENDER DISCRIMINATION ) Unless ALL employees, male and female are being escorted to the restroom, and honey; if that IS whats occurring the manager and owner better watch out for a class action claim!

                            I can't believe you would find it REASONABLE under any circumstance to be escorted to the restroom, this is against HUMAN RIGHTS, and employers must adhere to those as well.

                            Seriously ? You said that ?
                            Since it's so obvious to you, there must be a law, dol or osha opinion letter, administrative rule, or court case. "Against human rights" isn't a controlling legal authority in US labor law that I am aware of.

                            It's a shame that you give such terrible information and mislead posters on this board based on nothing more than your personal opinions.

                            Comment


                            • #15
                              I believe people are reading more into the OP's comment about escorted to the restroom than is really there. OP, can you clarify, are you escorted to the restroom door, or is someone actually joining you in the stall while you do your business?

                              As far as legality...I have never heard of any law that prohibits escorting to a restroom, as far as a human rights violation...Oh my, the nicest thing I can say to that is that it's far fetched.

                              BTW - arguing that it must be illegal because we ask for proof does not make it any more accurate than the first time you stated your opinion. If it is indeed illegal, providing the link to your research should be simple. If not, then it's nothing more than you stating ow you feel, which is not legally binding in any state.
                              Last edited by CatBert; 02-26-2010, 05:50 AM. Reason: Added BTW
                              Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                              I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

                              Comment

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