Falsely accused of theft & terminated

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magicbus

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Hello,

I worked at a gas station/convenience store for 3 years. I was written up once, I think, but it was thrown out. On Monday, we switched managers to two brand new people I had never met before. I met them Tuesday. I find out Wednesday that I am fired. I called up to ask why, and was told that I am "on camera printing up prepaid minutes for a Virgin Mobile phone and programming them into my phone without paying for it."

She also told me over the phone that she has already called the police and that if I "want to see the evidence, don't be surprised if they are there with me." I explained that I have a Sprint phone and it isn't prepaid, but she says "Virgin Mobile IS Sprint, I'm not an idiot." I emailed Sprint and had them email me back stating that not only can I not use prepaid time with my phone, but that Virgin Mobile does not work on Sprint phones. I printed the email out and have it with me, and am prepared to go down there today and be shown this alleged "proof" she has of something that did not happen.

I own a Sprint phone and it is billed by contract. I know I did not steal anything, but I also know it is my word against theirs. She claims to have footage of me doing so, but when I ask to see the proof, she tells me she is far too busy and to try again later. I've tried about 4 times, she is always "too busy". I went above her and contacted her district manager, who says he is also busy and will call me back. I went above him, HIS manager isn't answering his phone. I called corporate and nobody answers, period. I was directed to the human resources dept. and left a message on the voicemail. I've been waiting over 2 hours and none of any of those people have gotten back to me.

I'm not sure if it helps to mention, but I have had numerous personal problems with the former manager in the past, and come to find out that she "put in a good word" with the new managers for me and basically slandered me, made things up, made me sound and seem like a bad person, which may or may not have affected their quick decision to fire me over a mistake.

The phone card machine is reset every day. This means that if you sold one at 2:09pm, and then sold another at 11:59pm, the paperwork would show that 2 were sold, but wouldn't state which shift. She, however, insisted to me that it was sold on MY shift Monday. I asked my coworker, she said that she not only hadn't printed any that day but has never even used the machine (she's new.)

I know it isn't wrongful termination, but do I have any say here? Does the fact that she threatened me with police involvement when she is wrong make any difference? Is it my word against hers? Thank you for your time.
 
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Wrongful termination is termination that violates law. There is no such violation in your case. It is not unlawful to terminate someone for "suspected" theft.
 
Do you live in an at will state? Contact a lawyer.

As others have said, you really need to talk to an attorney who specializes in employment law in YOUR STATE.
What state do you live and/or work in?, since some live in one state and work over the line in another state.

It sounds like you live in an at-will state, where they can fire you for ANY reason, or NO reason.

However, it sounds like they are TRYING to scare you out of protesting the firing ... or muddy up your filing for unemployment benefits by claiming you were fired for cause (THEFT), OR SCARE YOU OUT OF FILING FOR UNEMPLOYMENT BENEFITS.

If you can't get benefits while your claim is reviewed to see if they MIGHT have been justified in firing you by teh unemployment benefits board, then you might have to take ANY job, even if low paying to pay your bills and eat.

Thus, they get out of having a claim that could raise their rates that they pay for unemployment benefits.

Most people will huff and PUFF AND THEN GO AWAY ANGRY.

HOWEVER, if a lawyer writes them a letter and says that unless you are reinstated with full pay for lost wages when you were falsely accused, then you will seek full legal remedies, then they might do it since you are lawyered up and might fill a lawsuit.

Even if you don't win, it costs them legal costs. At minimum or slightly more wages, it's cheaper to put you back on the payroll and play nice ... for awhile.

However, think about it. The work enviroment could have been called HOSTILE due to the old manager, even though you worked there for 3 years.

Now the two new managers want to CLEAN HOUSE, maybe so they can hire a friend when the position is open.

Even if you are hired back and given back lost wages, do you really want to go back?

They will be watching you like hawks to find a reason to fire you or make it uncomfortable to work there.

I've owned a paid-in-advance legal plan for my family for over 23 years. I now help others enroll in them, and don't have to have mangers harassing or threatening me anymore.

If you love your work, then it's not really work anymore, it's a cause.

My advice is get a legal plan membership which is good. It might run you 16 to 26 per month, rather than a cheapo plan for under 16 or under $10/month.

Then find out if you work in an at will state and if the lawyer thinks you have any cause. Also ask about how to protect you rights to file for unemployment benefits without a delay for cause or a determination.

Best wishes,
Joe

P.S. This is NOT to be considered legal advice, just my personal experience fro over 50 years of living. I don't even know what state you live or work in.




Hello,

I worked at a gas station/convenience store for 3 years. I was written up once, I think, but it was thrown out. On Monday, we switched managers to two brand new people I had never met before. I met them Tuesday. I find out Wednesday that I am fired. I called up to ask why, and was told that I am "on camera printing up prepaid minutes for a Virgin Mobile phone and programming them into my phone without paying for it."

She also told me over the phone that she has already called the police and that if I "want to see the evidence, don't be surprised if they are there with me." I explained that I have a Sprint phone and it isn't prepaid, but she says "Virgin Mobile IS Sprint, I'm not an idiot." I emailed Sprint and had them email me back stating that not only can I not use prepaid time with my phone, but that Virgin Mobile does not work on Sprint phones. I printed the email out and have it with me, and am prepared to go down there today and be shown this alleged "proof" she has of something that did not happen.

I own a Sprint phone and it is billed by contract. I know I did not steal anything, but I also know it is my word against theirs. She claims to have footage of me doing so, but when I ask to see the proof, she tells me she is far too busy and to try again later. I've tried about 4 times, she is always "too busy". I went above her and contacted her district manager, who says he is also busy and will call me back. I went above him, HIS manager isn't answering his phone. I called corporate and nobody answers, period. I was directed to the human resources dept. and left a message on the voicemail. I've been waiting over 2 hours and none of any of those people have gotten back to me.

I'm not sure if it helps to mention, but I have had numerous personal problems with the former manager in the past, and come to find out that she "put in a good word" with the new managers for me and basically slandered me, made things up, made me sound and seem like a bad person, which may or may not have affected their quick decision to fire me over a mistake.

The phone card machine is reset every day. This means that if you sold one at 2:09pm, and then sold another at 11:59pm, the paperwork would show that 2 were sold, but wouldn't state which shift. She, however, insisted to me that it was sold on MY shift Monday. I asked my coworker, she said that she not only hadn't printed any that day but has never even used the machine (she's new.)

I know it isn't wrongful termination, but do I have any say here? Does the fact that she threatened me with police involvement when she is wrong make any difference? Is it my word against hers? Thank you for your time.
 
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