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illegal or Legal Termination?
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| djdustx |
Was wondering if there were any paralegals, lawyers or law majors who might give me clarity on this or perhaps some grounds I can use when I contact labor board on Tuesday.
Yestaurday I was terminated for the grounds that I closed the store early twice @ 8:55pm. The had said that this was a breach of policy and reason for my termination.
I have been working at Roots as an assistant Manager since October. I was promised training and never received it. The DM who had hired me quit and we were sent this new DM who I could use all the names in the book to describe her but rather not as I find it to be tasteless. She is the type that does not have pro-active in her vocabulary. She tells you what you did wrong and is reluctant to train you and feels you should learn your self.
There was one incident were I had gotten this new DM back into training at HO because she did not give me the proper instructions for a return and the store lost $5 which I believe is a partial reason she wanted to see me axed.
She mentioned previous cases (two incidents on a otherwise flawless record) where I was late and at the same time warned the manager I was going to be late for reasons of caring for my grandmother. These lates were never brought up till now. Which I'm sure this woman dug up to fire me with.
I had also received a letter from HR in regards to staff relations. This store is a utter mess. The staff do not comply with store standards and telling them they are not doing what they should be doing gives them leway to complain to hr. The letter I received was then explained by my manager as not a warning. Even though it states so in the letter.
I understand that there has to be at least 3 warnings or incidents which deem me for termination. There are only 2 against me.
Do I have a case? |
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| El K Dee |
No u don't.
It's not compulsory for 3 prior notices for termination. Closing a store earlier than specified times however is considered a big no no in retail as even those last 5 mins can bring in last minute shoppers and even if not, it is meant to stay true to posted store hours. For a brand name such as roots, closing the store early is unacceptable.
Sorry man. That wasn't wise on your part.
However, from everything you've mentioned, it seems you didn't really like being there anyhow so consider this a plus and move on.
PS. Try to stay out of retail on the store level. You get looked at as a disposable commodity since you're a dime a dozen. |
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| evil_cookie |
| quote: | Originally posted by djdustx
Yestaurday I was terminated for the grounds that I closed the store early twice @ 8:55pm. The had said that this was a breach of policy and reason for my termination.
Do I have a case? |
No. |
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| Dior Homme |
From experience, unless this was your dream job leave it alone and move on. If you've been there since October it probably isn't worth fighting. If you were there a lot longer then maybe. You could fight but most likely you either won't win or they'll drag the case as long as possible until you move away.
Go to another retail job. It's easier to skip across the hall and find something similar. Cellular phone places like Fido or Rogers are decent although I don't think youll get an assistant manager position. Maybe sales, then move up to AM after a while.
If they didn't want you, it was probably better not working for them anyways. |
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| djdustx |
| quote: | Originally posted by El K Dee
However, from everything you've mentioned, it seems you didn't really like being there anyhow so consider this a plus and move on.
PS. Try to stay out of retail on the store level. You get looked at as a disposable commodity since you're a dime a dozen. |
Yea your right. Surprised you read my feelings on this.
I'm just upset because I take school in the days and alot is offered with my schedule. |
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| Spam |
Silly silly.
Did you actually close the store 5 minutes early? When you were caught, what did you expect? I hope the following shpiel helps you understand why you were dismissed without the customary 3 warnings:
From walking around the mall near closing time, I know for certain that there's a lot of money to be made in the last 5 minutes of the day from last-minute purchasers.
As a customer, nothing pisses me off more than retail workers who close their store before posted hours say it's supposed to be closed. Sometimes all I need is a minute to grab the item I want to buy, and if I've saved your store for my last stop before leaving the mall, and you've closed 5 minutes early, not only has that lost your location future business (thus, revenue), but that's instant revenue you've just cost the store.
Given that I'm sure I'm not alone in that attitude, and given that I'm certain the big-wigs in HO understand this mentality, it's no wonder that you would be immediately dismissed for the offense.
I hope you take this as a learning experience, and try not to pass the blame on to someone else (ie, you're ty manager). In the future, do not close the store until posted hours say it's supposed to be closed, and they will not have a reason to can yo ass ;) |
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| MarkT |
I think it's kind of irrelevant if you have a case or not.
AFAIK, with wrongful dismissal, you almost never get your job back. you can be awarded additional compensation, but there is no "windfall" if you win unless you have long tenure, make a lot of money, etc.
given that you've only been there since October, you were presumably not making a load of money, etc. you wouldn't be awarded much at all even if your case was successful.
nothing really to do, but move on. |
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| El K Dee |
| quote: | Originally posted by djdustx
I'm just upset because I take school in the days and alot is offered with my schedule. |
There are several options for jobs have flexible schedules that arent retail...just have to look hard enough |
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| TheDemon |
Rather than wasting your time here and getting opinions, there are tons of legal advisers and lawyers you can talk to for free and present your case. I don't believe anyone here is qualified to say yes or no to you. you can contact head office of Roots and find out their policies and procedures, and if need be, contact the labor board, but I would wait on that until you deemed it necessary. I would consider any local community centers or even YMCAs. These places offer free legal advice. You can even use legal aid. Basically, get your info first. then decide.
Btw, did you get a termination letter? Have they discussed what is going to appear on your record of employment? ask them for a copy of their procedures, they have to give it to you. Talk to HR. But don't mention anything about seeking legal advise of lawyers or the labor board. keep that to yourself. Good Luck! |
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| TheDemon |
| By the way, have they shown proof that you closed early? That would be the first thing I would be asking. |
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| Dj Smitty20 |
when you take a management position (presumably for more money and the shot at advancing within a corporation), you always run the risk of getting fired, with cause or without. If they fired you, you'll never get your job back. Why would you want to anyway? It sounds like they're incompetent at that store anyway. Plus, if you really did close the store down early, well yeah....that was a up. Didn't they warn you after the first time?
I was fired once from a convenience store when I was 16 (my first job). The guy was a prick and actually tried to suggest that I should lunge over the counter at a potential burglar with the machete kept under the till. After that, I worked my way into a public service job that put me through university at three times the wage he paid me. I see him now and then and laugh at his clearly dull life. But getting fired definitely sucks at the time. |
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