Legal Question in Employment Law in New Jersey

Wrongful Termination

I'm a sales associate for a major department store and during a very busy sales day I took a sale but did not ring up the transaction on the register. I put the money in my pocket along with the sales ticket with the intention of ringing the sale up later when I had the time. I did not go to my locker, nor did I leave the sales area where I was working. I was approached by Security and told to come with them. I was suspended at that time well before my tour was to end and terminated the next day. Should't Security have waited until he end of my tour to see whether or not I was going to ring up the sale or pocket the money????


Asked on 4/08/02, 12:49 pm

2 Answers from Attorneys

Evan Levow Lutz, Levow & Costello, P.A.

Re: Wrongful Termination

Unless you are a union or contract employee, your employment is "at will", i.e. your employer can fire you for any reason, as long as it is not discriminatory. In this case, your employer probably fired you based on a trust issue, or a violation of policy. Fortunately, you were not charged criminally with attempted theft, which, of course, could not be proven anyway. Without more, sounds to me, however, that the termination was not improper.

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Answered on 4/08/02, 11:23 pm
Ralph Soukis Attorney at Law

Re: Wrongful Termination

The Store apparently believed that your intent was to keep the money for yourself. They are within their rights to "let you go", unless they are in violation of discrimination laws or unless you have a contract or belong to a union which outlines how temination is to be addressed.

Ralph Soukis, Esq.

2 Sears Drive

Paramus, NJ 07653-1458

201-599-0744

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Answered on 4/22/02, 10:34 am


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