Legal Question in Business Law in California
I have recently been fired for falsification company records. I worked at a retail store and they ask us to ask customers for their emails to help get them signed up for the stores program. I was getting in trouble for not getting enough of them so If a customer said they rather no give their info I put in a fake one. I did this 3 times before i realized it wasn't worth getting fired over. well three times was enough to get fired. My only problem with this is that it's not truly a record until the email is confirmed with the access code. and since the code was thrown away and the email was fake it was never enrolled in the program. how can I get fired for this?
4 Answers from Attorneys
I'm not sure what you mean by "truly a record". What you describe might be a particular type of record, but the forms you filled out with a fake addresses are also a type of record. The company was probably within its rights to fire you over this, unless you have a contract or some other assurance that you won't lose your job over such conduct.
You can get fired for any reason they like. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy. You didn't. They can also oppose your unemployment benefits on 'misconduct firing' grounds.
I'd say you created falsified records. Information in a data base is a record, whether it was falsified (made up) or not. Even if you could argue that the information was not a record, that would only change the reason for firing you from 'falsification of company records' to "attempted falsification of company records.'
The other attorneys are right on point here. Learn from this experience and don't repeat it in your next job. Employers may have policies you don't agree with, but you need to follow to maintain your job. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Attorney
Franchise Foundations APC
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