CountryMan
New Member
Hello,
The place in question is southern Illinois, St. Clair county.
Here's the story:
I have worked for a local grocery store for 5+years now. Recently, I was terminated for stealing "out of date bread." It is a union store, and the union rep does not believe we have a sufficient case based on what I have told him, but I would like to get a second opinion, since he does not have a legal background.
I came in to work last Saturday August 30, and walked over to my assistant manager who was filling the bread. Also present filling the bread was the grocery manager. I asked the asst. manager "Do we have 100% whole wheat bread?" He said, "No, they all have high fructose corn syrup in them. I'll bet you $10 you can't find one with out it in the bread. I looked through all of them and could not find a single loaf." So the first one I looked at, low and behold, there it was high fructose corn syrup. BUT the second one I showed my manager it had brown sugar instead of the high fructose corn syrup. So I said to him "Where's my $10?" He said "Well, how about I buy you a loaf of bread instead?" I replied "Alright that is fine"
So I worked my normal eight hour shift that day, worked my normal eight hour shift on Sunday, and worked an eight hour shift on the Labor Day. After I worked my 7-4 shift on labor day, I went home to grab my laundry and books, as I was heading back to school in St. Louis, where I live during the year. That is, I come back on weekends and holidays to work. So on my way back, I stopped in and bought about $40 worth of food and found a loaf of bread that was dated Sept. 2nd. It was Sept 1st and therefore was going to be pulled tomorrow morning and tossed in the dumpster, like I have done many times in the past. That particular day, we were closing an hour early at 8p.m. and I was the last customer in the store. Since there was nobody there and no customers were going to buy it since we were now closed, I informed an 18 year old, just out of high school girl, that I was going to be taking it according to the date. She did not say no, nor did she make any indication of the fact that she thought I would not be allowed. I also informed her, should there be a problem, the assistant manager owes me a loaf of bread. So in either case, I wanted to make sure it was known what was going on. I also showed the checker that evening the date on the bread and told her the same thing that I told the 18 year old store supervisor of the night. Therefore I showed two people and did not pay for it on camera, where when I cam in to work this past weekend, I was told I was going to be let go for stealing effective immediately.
I should also mention, within the last year, I won two union grievances, where they had to pay me for not working and not treating me equally or honoring my seniority on one of the occasions.
So I took a Biz Law class and have come up with some possibl counter arguments:
1. Since I physically left the premises and came back as a customer, can they terminate my position?
2. I showed the bread to the supervisor and checker on tape, although there is no audio. Can either one be also held as an accomplice?
3. They have offered to let me resign, if I sign a document with them saying they will never press charges will that be enforced legally?
4. Apparently the young supervisor "ratted" me out, but doesn't she represent the store and have the authority to represent it/make decisions under her position? If she lets me walk out with it, therefore am I not granted permission? especially if she did not call it into question with me?
5. Can I bypass the Union and seek out legal help and have someone possibly take on my case if I have an argument?
6. Is there not some sort of principal-agent relationship here that makes the situation alright or one of the other workers accountable?
7. I witnessed another member of management defame me in front of me saying how I was "a no good thief" and "He should have been let go a long time ago" to a loyal customer? Is there any case for slander/defamation?
Any help is appreciated Thanks!!
The place in question is southern Illinois, St. Clair county.
Here's the story:
I have worked for a local grocery store for 5+years now. Recently, I was terminated for stealing "out of date bread." It is a union store, and the union rep does not believe we have a sufficient case based on what I have told him, but I would like to get a second opinion, since he does not have a legal background.
I came in to work last Saturday August 30, and walked over to my assistant manager who was filling the bread. Also present filling the bread was the grocery manager. I asked the asst. manager "Do we have 100% whole wheat bread?" He said, "No, they all have high fructose corn syrup in them. I'll bet you $10 you can't find one with out it in the bread. I looked through all of them and could not find a single loaf." So the first one I looked at, low and behold, there it was high fructose corn syrup. BUT the second one I showed my manager it had brown sugar instead of the high fructose corn syrup. So I said to him "Where's my $10?" He said "Well, how about I buy you a loaf of bread instead?" I replied "Alright that is fine"
So I worked my normal eight hour shift that day, worked my normal eight hour shift on Sunday, and worked an eight hour shift on the Labor Day. After I worked my 7-4 shift on labor day, I went home to grab my laundry and books, as I was heading back to school in St. Louis, where I live during the year. That is, I come back on weekends and holidays to work. So on my way back, I stopped in and bought about $40 worth of food and found a loaf of bread that was dated Sept. 2nd. It was Sept 1st and therefore was going to be pulled tomorrow morning and tossed in the dumpster, like I have done many times in the past. That particular day, we were closing an hour early at 8p.m. and I was the last customer in the store. Since there was nobody there and no customers were going to buy it since we were now closed, I informed an 18 year old, just out of high school girl, that I was going to be taking it according to the date. She did not say no, nor did she make any indication of the fact that she thought I would not be allowed. I also informed her, should there be a problem, the assistant manager owes me a loaf of bread. So in either case, I wanted to make sure it was known what was going on. I also showed the checker that evening the date on the bread and told her the same thing that I told the 18 year old store supervisor of the night. Therefore I showed two people and did not pay for it on camera, where when I cam in to work this past weekend, I was told I was going to be let go for stealing effective immediately.
I should also mention, within the last year, I won two union grievances, where they had to pay me for not working and not treating me equally or honoring my seniority on one of the occasions.
So I took a Biz Law class and have come up with some possibl counter arguments:
1. Since I physically left the premises and came back as a customer, can they terminate my position?
2. I showed the bread to the supervisor and checker on tape, although there is no audio. Can either one be also held as an accomplice?
3. They have offered to let me resign, if I sign a document with them saying they will never press charges will that be enforced legally?
4. Apparently the young supervisor "ratted" me out, but doesn't she represent the store and have the authority to represent it/make decisions under her position? If she lets me walk out with it, therefore am I not granted permission? especially if she did not call it into question with me?
5. Can I bypass the Union and seek out legal help and have someone possibly take on my case if I have an argument?
6. Is there not some sort of principal-agent relationship here that makes the situation alright or one of the other workers accountable?
7. I witnessed another member of management defame me in front of me saying how I was "a no good thief" and "He should have been let go a long time ago" to a loyal customer? Is there any case for slander/defamation?
Any help is appreciated Thanks!!
