Legal Question in Employment Law in California

I was terminated due to �Not following closing procedures that were never fully explained� when terminated i requested a copy of my termination papers, they said i couldn't get a copy. This wrongful termination caused me great distress and anxiety because I was never trained to do the things I was let go for.The company has a 3 strike policy and ive recived one strike prior to this incedent for not following closing procedures at that time my store manager said i would get a week of training from him personally which i never recived, instead i closed for week with another coworker who was also writen up with me for the same reason and got the same warnnings.i also made it clear to the manager verbally that i didnt feel comfortable closing prior to these incedednts other coworkers are witness to this. Once I notified the appropriate people about my situation, I was told by various parties (in corporate and upper management) that they had seen videotape footage of me successfully following the closing procedures that I was terminated for, this is of course, false. I am also quite interested in viewing this supposed video footage for my own references. I have been out of work for 5 days as of today. I have been extremely distraught and having what I can only describe as �anxiety attacks� about this wrongful termination. The dayfollowing my termination, I called corporate headquarters and spoke to HR, I explained the issue, they then said they need to investigate the matter, and would contact me shortly. When I still had yet to hear back, I took the initiative to call, again, and inquire about this stressful issue. HR informed that they had made the correct decision in firing me (even though all that was warranted was a suspension -second strike) I informed her I didn�t feel this was lawful or fair, and I was redirected to Eric (upper management) who then stated that he too, had seen this supposed tape, thus confirming my termination being appropriate. I was thoroughly outraged and grossly offended by these slanderous accusations. Basically, I was told that it was not only confirmed, but visually documented that I was in fact, lying I am still waiting for this �evidence�. Eric was not only rude to me, but informed me that he needed me to �stop arguing� with him and let him see what he could do. He spoke with the District manager, Sabrina, and I was contacted by both parties, within 20 mins time. I was then given a �another chance� to take my old position back, but I would need to travel a great deal further each way to get to work everyday because i wasnt going to ba able to work at the same location. This is unacceptable to me. Naturally, in my predicament, I agreed (with full intention of seeing this matter through) but I did not feel good about this agreement in any way. Why would I? Not many people would. I was wronged, and I feel I am now trying to be swept under the rug because of other peoples negligence and deceit. After contemplating the offer for a bit, I felt overwhelmed and I called my District Manager, Sabrina back to inform her that I didn�t feel entirely comfortable taking any job offers until I consulted with an unbiased party regarding my rights. When she answered the phone (it was just about closing time for some stores, and I did not feel as though it would have been an inappropriate time to contact my superior about the need to postpone my rehire the next day at 6.30 am) I was made, once again, to be belittled and humiliated. I was in an emotional state, and while trying to maintain my professionalism and dignity, I for whatever reason broke down when she answered my call. She proceeded to ask me �why I was calling her after hours, crying?!, she gave me what I wanted and gave me my job back, what more did I want??� Well, I can assure you, at this point the last thing on my mind was getting a position back within a company that has inadequate managers that didnt follow company policies like the ones I have the misfortune of dealing with presently. I felt if anyone would be understanding to my concerns, it should be a District Manager . I have been mistreated, I feel, for the last time.
The only document that i have that states the company has a 3 strike policy is for a offer for rehire that they wanted me to sign releasing all liability of previous termination(i did not sign so i was not rehired)this document also states that this was my second strike wich should have been a suspension. im currently attemping to get more documents to support a case.
im not sure what to do?????

Asked on 7/31/10, 11:31 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Look for another job. Apply for unemployment while you look.

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� or explanation, 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.

Your emotion laden rambling does not establish any such protected category. Unfairness is not 'illegal' or grounds for suit.

I suspect your company policy on '3 strikes' does NOT say you absolutely can not be fired until after 3. I further suspect it says you are 'at will' and that mgmt has discretion to follow or disregard the '3 strike' rule when appropriate.

Answered on 8/05/10, 12:22 pm

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