Legal Question in Administrative Law in Maryland
A really close friend of mine was recently terminated from her job as an Assistant Manager for a retail store. Their reason? They stated that they pulled a report for 'Cancelled Transactions' and that one, hers was the 2nd highest, and two, some of the canceled transactions matched an inventory report for missing items. They did not state or outright accuse her of stealing...her and two other managers were also fired for similar reasons.
Their inventory for 2012 was awful, and the store manager that hired her was fired for bad inventory results. The recent inventory that was completed in February, the numbers did not get worse, but they did not get better. All the managers received written counseling.
A few details about the store: they literally have NO security measures. No cameras, no Sensormatic machines or sensors, and only the high-priced items such as the watches are locked up in a case in which only the managers have access to. Also, this particular store is a high target in theft(she did not know this until after she was hired). Also the store has gone through 3 store managers in a one year period. She has spoken to her Store Manager and District Manager several times about the lack of extra security measures in the store.
My friend is very worried that she will get screwed when it comes to unemployment benefits. I know from experience that employers will tell you a reason for your termination, and tell give the State a completely different reason in order to avoid paying benefits. But I also know from the experience(being on both sides of the unemployment process), that the Administrative Judges are only concerned about the facts. She denies any wrongdoing; she's only been written up once, and her registers have never been short(she has her register activity report as proof).
In my friends case, doesn't her employer have to have bonafide proof that she was canceling transactions fraudulently? Or stealing ANYTHING from the store? Is that cancelled transaction report proof of any wrongdoing on her part?
P.S. Everyone lost their job instead of the Store Manager and two associates. They expect the Store Manager to improve the store within 30 days or she will be terminated as well.
1 Answer from Attorneys
Assuming your friend is an employee at will and not under any other type of employment agreement if the store in its opinion feels this is necessary and appropriate then that would satisfy their burden.
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