Legal Question in Legal Ethics in Massachusetts
I work for a large retail company, yesterday when I arrived at work I was told that the rest rooms were out of order. We would have to walk across the parking lot in 80 degree heat to use the bath room at the Big Y. I talk medication with requires me to drink plenty of fluids, if I do not I could end up with kidney stones or kidney damage.
When the urge hits, I have to go quickly. I felt the urge, told my manager I had to go. She told me to close down, I shut off my light and put up my lane closed sign. I continued to wait on one of the two people that were in my line before I shut down. I did not notice the other two men get in line, when I did notice them I told them I was closed. One mumbled something at me as he walked away, I went back to finishing with the other customer, One of the other men then came back and started talking loudly at me, saying I should have told him right away, so he didn't have to waste 5 minutes standing in my line. The customer that I was waiting on turned and said, her light was off and sign was up for a good five minutes before you even got in her line. The upset customer replied thats right stick up for her. More mumbling, then he went to another line.
I suffer from seizures which are caused from stress, so I waited a few minutes before I made my way across the parking lot. As I was leaving the two men came out behind me, one of them said something. I replied maybe if you were taller you would have seen the light was off. He turned and went into the store, I went to Big Y. When I came back the store manager as well as store security were waiting for me. The store manager asked me what happened, I told him. I got very upset and emotional, went in to the break room and punch a wall. I then went to talk to the store manager, he explained to me how serious this was. I told him I already knew that, my actions are a reflection of the store. I also told him in the seven years that I have worked there I have never had any problems such as this.
He told me that my derogatory remark was equal to calling a colored person a ...
I resent that, I am not a racist. It may be commonplace for people to think that way in Arkansas where he is from. I was sent home for the rest of the day, he said the head office would be notified as well as the legal department.
Yes I was wrong, I dont feel that I should lose my job over this.
Thank you very much
Paula Church
1 Answer from Attorneys
Unless you have a signed contract with an employer any employer has to right to terminate you for any reason other than race, religion, national origin, sex and age. In this case they my terminate you, suspend you or give you a warning. That is up to the company. You are not legally entitled to keep your job. I would suggest apologizing to your employer and/or the customer. If they do terminate you then you can seek unemployment.
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