Is it wrong to terminate someone due to theft.

[Guest]

I worked at a retail store for five years as a store manager at said company. I was terminated not to long ago for gross negligence on my part as the company told me. My store was burglarized and 12,000 worth of items were stolen and the blame was on me as they put in the document as i didn't do all I could to protect the items stolen. The burglars broke through two doors to get into my store (one to get to the secure access hallway and one to get into my store back door.) It took them 1 hour for them to get into my secure backroom door that has the locks of fort knox and a supposed alarm sounding tampering device which didn't go off. am I wrongfully terminated for a burglary I had no way of stopping?

 

[army judge]

We can't say.
But, an employee can be terminated just because.
If you believe your termination wasn't fair, discuss it with HR or your lawyer.
There's very little an Internet forum can do to help, except o say speak with your attorney.

 

[Betty3]

Technically you can be terminated at any time for any reason except for a reason prohibited by law (ie religion, gender, race....) or unless you have a binding employment contract to the contrary.

A termination doesn't have to be fair - just not illegal. I don't see anything illegal here (no wrongful termination) but you are certainly free to speak to an attorney.

Just a couple of links for educational/informational purposes -
http://en.wikipedia.org/wiki/At-will
http://employeeissues.com/wrongful_termination.htm

You can try applying for unemployment ins. if you haven't already (it never hurts to apply). The state will decide if you qualify. You might also want to start looking for other employment if you haven't already.

 

[Proserpina]

This isn't a wrongful term.

It doesn't matter whether or not you were at fault; the employer has the absolute right to fire you for no reason at all, or any reason not specifically prohibited by law (your gender, age, etc).

 

[cbg]

"Wrongful termination" does not mean that you were termed for something you didn't do, or for something you could not have prevented.

In order for there to be a wrongful term, there must be a specific law that prohibits the employer from terming you for the reason he did.

No law prohibits an employer from holding a manager responsible for not preventing a theft that someone else committed. Therefore, this was not a wrongful term. It may or may not be unfair, but unfair does not make it illegal.

 

[Betty3]

I told the OP they are certainly free to speak to an attorney but I also told OP I see no wrongful termination. An employment attorney (or probably any attorney) will most likely tell them there is no case but some employees feel better hearing it from an attorney. Employee decision to run it by an attorney.

 

[ElleMD]

There is nothing in state law which would make this illegal either.

 

[lda01]

OP: Welcome to the "Royal Order of Scapegoats". Many of us are members. Just be prepared to explain the circumstances of your departure when interviewing. If you took all reasonable/mandated steps in closing the store this shouldn't be a career ending event unless the employer cited steps that should have been taken (securing high value merchandise at night etc) . Just remember that most successful sports team coaches have been fired multiple times in their careers. Focus on the positive things that your accomplished during your term as manager, sales growth, renovations, staff training, awards etc.

 

[Betty3]

There is nothing in state law which would make this illegal either.

Agree/concur - nothing in state or federal law.