Legal Question in Employment Law in Maryland
Can I hold management responsible for negligence
Can I hold management responsible for not telling me I was violating a company policy that resulted in my termination, when management knew or should have known I was violating this policy?
My termination offense: Drinking coffee without paying for it� for one full year.
When first employed in a grocery store, as an overnight shift worker, night stock crewmembers helped themselves to the leftover coffee in the Deli coffee dispenser. (after store was closed for the day) On the second or third night there was no coffee available and I was told by the Produce Dept. Manager, that it was permissible to make coffee to drink during the shift. This dept. mgr. showed me where the coffee was and how to make it, so I did make coffee and myself, and other members of the shift drank the coffee during our shifts. I drank this coffee in front of, and frequently in the company of store management. I did this for a year. No one ever told me I was violating company policy regarding paying for food & beverage purchases. I thought the dept. mgrs. permission to make the coffee meant it was excepted from the policy. Company Loss Prevention determined that at the rate of 4 to 6 cups per week, I had ''stolen'' $277 worth of coffee and I was fired.
1 Answer from Attorneys
Re: Can I hold management responsible for negligence
The management of this company is excessive and overbearing.
It's probably better to not work for such an outfit. I hope they
can continue to find employees to keep the store running.
The effect of what has occurred is that they will deny/delay unemployment
compensation. This you should fight.
In addition, there is a potential defamation issue since they are claiming theft
of goods. This information has the potential to inhibit your re-employability. Publication
of the false fact is required for defamation to be actionable.
As to the employment matter, Maryland is an "at-will" employment law state. Unless you
have a basis under contract, agreement, policy or other basis then this is problematic.
Where they are permitting others to work and drink free coffee there may also be a
discrimination issue but there needs to be more for this to be actionable.
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