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Sister of (dept. store) EX Employee

Discussion in 'Termination: Firing & Resignation' started by Missknowitall, Jul 15, 2014.

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  1. Missknowitall

    Missknowitall Law Topic Starter New Member

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    My brother was fired from (dept. store) for helping local police apprehend a shoplifter at (dept. store). What had been taking place at his (dept. store) is that people were filling their carts with varies items and walking to the front as if they were going to pay but walking right out of the store, with the stolen items. Dumping the stolen items into a waiting car and taking off. My brother spotted a customer doing this and immediately called the police. He was then instructed by the police to follow the suspect until the police were able to apprehend them, which he did, leading to the arrest of the shoplifter and the recovery of the stolen items. When my brother returned back to the store he was called in to manage to be fired because he left the premises without notifying management. What I want to know is, was he wrongfully terminated. My Brother left the premises of (dept. store) because he was instructed by the Police to do so. Does the Authority of the police supersede the authority of (dept. store)?
     
    Last edited by a moderator: Jul 15, 2014
  2. Betty3

    Betty3 Super Moderator

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    This was not a wrongful termination. He can be terminated legally for leaving the store (premises) without permission/notifying management.

    wrongful termination - http://definitions.uslegal.com/w/wrongful-termination/

    He can apply for unemployment ins. The state will decide if he qualifies.
     
    Last edited: Jul 15, 2014
  3. cbg

    cbg Super Moderator

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    A wrongful termination means that he was fired for a reason expressly prohibited by law. There is no law that says he can't be fired if he leaves the store without authorization as long as the police told him to; therefore it is not a wrongful term.

    It's a shame his manager was not more understanding about the situation but he did not violate any laws by firing your brother.
     
  4. shrinkmaster

    shrinkmaster Well-Known Member

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    Something is not right with this story. I has serious doubts Police would instruct any non law enforcement person to follow a suspect. Wait for CDWJava or Mightymoose they would know better than I
     
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  5. army judge

    army judge Super Moderator

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    A point of clarification about who allegedly ordered the man to follow the alleged thief.
    More than likely, if he was "ordered" to follow the alleged thief, he was instructed to do so by a civilian emergency call center operator and not a sworn law enforcement official. Texas is very cheap, and most agencies want their officers on the streets, not answering "911" calls.
     
  6. shrinkmaster

    shrinkmaster Well-Known Member

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    Ok sounds better but why would a 911 operator to tell a private citizen to do something that could place them in danger! I still think there is some error in this story. A 911 operator or dispatcher would not tell a private citizen to do such a thing and if they did I would think they would surely be fired. That could have ended for worse than just being fired.
     
  7. army judge

    army judge Super Moderator

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    They usually instruct people not to follow them, or do so safely.
    I've come to learn that people often hear what they want to hear.
    I'm sure the store tells their employees not to chase or follow thieves.
    I know the biggest big box retailer instructs their employees not to do what this guy is said to have done.
    One of my daughter-in-laws is general manager for one of their SuperStores.
    It seems many people want to play G-Man.
     
  8. Betty3

    Betty3 Super Moderator

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    The OP is a sibling of the person (brother) who this happened to. Who knows if what the brother told the OP is actually/exactly the way it happened or if the OP maybe misunderstood the brother.

    I doubt if there is a wrongful termination here though no matter who told the brother to follow the suspect (if anyone did) if the brother left the premises without permission.
     
  9. cbg

    cbg Super Moderator

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    Precisely, Betty. No wrongful term here
     
  10. shrinkmaster

    shrinkmaster Well-Known Member

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    I was never arguing that point. It seemed really odd to me that a Police dispatcher or 911 operator would tell a private citizen to chase a possible felony suspect. This might suggest brother lied if so what else did he lie about?
     
  11. ElleMD

    ElleMD Well-Known Member

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    The police (or whomever it was) is not his employer. Leaving the store means they were short an employee and I can absolutely see what the store would discourage employees playing vigilante. Calling the police was fine but running out the door without notice to play amateur cop, is not. Chasing criminals is dangerous and is not something a civilian should do. Who knows what the brother was actually told or what he said to the person on the phone? Either way, he broke the rules of the only entity that actually has any authority here which is his employer.
     
  12. Betty3

    Betty3 Super Moderator

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    Agree -The bottom line is this was not a wrongful termination (OP's question). The rest doesn't matter.
     

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