Fired for a policy never given

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Latest post 04-03-2012 10:12 AM by Cica. 8 replies.
  • 04-02-2012 4:52 PM

    • TSMac
      Consumer
    • Not Ranked
    • Joined on 04-02-2012
    • MO
    • Posts 2

    Fired for a policy never given

    I was let go on Friday 3-30-by phone no less- for a policy violation that I knew nothing of. I was a loss prevention supervisor for a major retailer. My immediate supervisor was almost 3 hours away. In the 8 weeks I was there she never once came to my store, never once went over job functions, never once went over any policies. Coming from a corrections background- i asked a lot of questions about different policies and how to do certain aspects of my job. She always referred me to a co-worker in a store 30 miles from me. Told me to email my questions to him and he could tell me what to do. She sent me to 3 different stores the begining of March in St. Louis to train with other LP's. I could not become certified until I partcipated in a certain number of apprehensions. It was a 3 day trip. When I returned on tuesday I emailed her- the only source of communication she preferred- and asked how to write my time in on our exceptions clipboard since I could not physically clock in over the weekend. She emailed me back and told me to ask the guy in the other store because she is salaried and had not had to do that in awhile. So, I called the other store and he told me to write in the time I left town till the time I left the store the first day, time in the store the second day and then the time I got to the store the third day till the time I arrived back in town for the third day since I get paid travel time. Did that-which was March 1. On March 19th all LP's in my district got an email from her saying we needed to sign this sheet of paper about how many hours we had to work in order to take a lunch, how long of a lunch etc based on state law. I did what was asked. On the 30th she called me and said that on my trip to St. Louis I did not take out for lunch on the two days I traveled (both were 10hr+ days) and therefore I violated policy to turn in my keys I was terminated. Flabbergasted, shocked, and upset I asked her what she meant. She said I signed the paper saying I would take a one hour lunch if I worked over 9 hours and since I had receipts for my meal reimbursements it was proof I ate but violated "time clock intergrity" policy by not writing my lunches in on the clipboard. I was alloted 50 dollars a for food and since I used that money to eat it was proof to the company I had taken lunch. I told her that was not fair I was not informed of that policy until recently and I had asked how to fill out my travel when I got back but she had referred me to another guy. Not to mention I got my food and got back on the road and ate while driving. She responded, "Common sense should have told you to take a lunch and we need to set a precedent for this kind of situation, sorry it has to be you. Clean out your desk turn your keys into the store manager and have a good day". Then hung up!

    Do I have grounds for wrongful termination if I was terminated based on a policy I had not been told existed? Let alone the fact that the only time I saw my supervisor was the day she interviewed me. Everything was by phone or email. I was not trained in job duties etc. What are my options besides unemployment here?

  • 04-02-2012 5:02 PM In reply to

    Re: Fired for a policy never given

    TSMac:
    Do I have grounds for wrongful termination if I was terminated based on a policy I had not been told existed?

    No.

    The boss' policy is what the boss says it is at any given moment.

    The termination may have been unfair, stupid, and maybe morally wrong, but not illegal.

    TSMac:
    What are my options besides unemployment here?

    None.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 04-02-2012 5:13 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on 10-08-2001
    • TX
    • Posts 7,474

    Re: Fired for a policy never given

    TSMac:
    Do I have grounds for wrongful termination if I was terminated based on a policy I had not been told existed?

    No.  Stupid yes, illegal no.

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 04-02-2012 5:29 PM In reply to

    Re: Fired for a policy never given

    It doesn't sound like you have any other option than unemployment.

    It's NOT fair, but most all of us have been through something like this at one time or another.

    Some companies are just like this.  They will have high employee turnover and waste money hiring another person when the one they already hired was doing just fine.  There's no understanding this.  I am sorry and I wish you the best of luck!

     

     

  • 04-02-2012 5:31 PM In reply to

    Re: Fired for a policy never given

    Your supervisor sounds like a real piece of work who doesn't know the requirements of her own job (much less yours) but firing you because of a never communicated policy violation is not illegal.

    File for unemployment benefits and start looking for a new job.  Good luck.

  • 04-02-2012 10:39 PM In reply to

    • TSMac
      Consumer
    • Not Ranked
    • Joined on 04-02-2012
    • MO
    • Posts 2

    Re: Fired for a policy never given

    I found out today that they rehired the guy that was there before. The asst store manager did not like me and I guess started this whole mess because he wante that guy back. The guy before me quit to go to another retailer and was laid off a week into the spot. Wanted his job back but was told no because I was already hired. Well he restarted today.

    On the upside I'm going back to corrections so I already have job lined up. At least there I will know who is trying to stab me in the back and what to look out for.

  • 04-03-2012 9:35 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,324

    Re: Fired for a policy never given

    I'd go file for UC---issues seem to favor you would prevail-if rest of elgibility lines up---your new position may be weeks away --so don't count it until you actually get there.



  • 04-03-2012 10:12 AM In reply to

    • Cica
      Consumer
    • Top 25 Contributor
    • Joined on 09-23-2003
    • Posts 6,519

    Re: Fired for a policy never given

    TSMac:
    we need to set a precedent for this kind of situation, sorry it has to be you.

    You used the food allowance -- so that's kind of bizarre.  (If I'm reading MO law correctly, OT is required for more than 40 hours per week/not 8 hours per day; lunches aren't required.).

    They set up a policy after the fact, you agreed to it.  But now they are backpedaling using THIS as the reason.  Has everyone signed this "policy," or just you?

    Is there any other reason why you might be considered a "precedent" for a policy that didn't exist involving specifics apparently not required by State law?  Age, race, etc?

    You probably haven't much of a case insofar as termination is concerned, but I'd talk with an attorney anyway. 

    And, if this policy may be applied to a couple of weeks prior as reason to terminate, I'd especially talk with wage and hour to find what the SOL is in Missouri for an OT wage claim.  I think you can go back three years.

    Department of Labor helps people to make past employers great mounds of leaves in which to wipe off shoes when employees are forced to step in ... dog stuff.

     

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