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Supervisor misconduct

Discussion in 'Termination: Firing & Resignation' started by scmartin, May 26, 2010.

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  1. scmartin

    scmartin Law Topic Starter New Member

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    While working as a cashier at a convenience store I refunded a customer 20 dollars for returned merchandise after being instructed to do so by my Store Manager. Because of this I was terminated and the Store Manager failed to inform the District Manager that it was he, not I, that ok'd the transaction.
    He then proceeded to inform others of my termination and took steps to deny my unemployment benefits by adding that allegedly 40 packs of cigarettes were also missing from my shift. The NCESC ruled in my favor and awarded benefits finding no fault on me under NCGS. A complaint to the company's HR was dismissed by them.
    Do I have grounds to sue either manager, the company or both on the grounds they have slandered/defamed and caused me monetary loss and hardship?
     
  2. Patricia_Young

    Patricia_Young New Member

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    Other than the loss of your job (and no, that is not considered "damages"), what monetary damages have you suffered?

    You cannot sue the company (or the manager, since he was acting "as agent" of the company) for being mistaken or even vindictive. How do you know the supervisor wasn't counseled or disciplined; you don't work there any more?
     
  3. scmartin

    scmartin Law Topic Starter New Member

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    There is more to this story, I was being short and "just the facts". There are after-the-fact witnesses and a paper trail. Remember, an investigation was conducted. This type of slander and misinformation has a tendancy to follow someone (very much so because this is a small community) and has already cost me employment. Your answer is typical of most HR employees that take the company line. I'll try a different forum, for a second opinion, heck even I'VE been a pay roll manager....=)
     
  4. army judge

    army judge Super Moderator

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    Anyone that has standing can bring a lawsuit.

    That's just a fancy way of saying you are 18 and competent.

    What you should be asking is, can you prevail?

    No one ever knows.

    Slander is an old common law tort.

    It is a difficult tort to recover damages on.

    In many cases, you win a token award of $1.00.

    Could you win?

    I don't have enough facts.

    I do know that it will cost you at least $3,000-5,000 to hire an attorney for such a lawsuit.

    No attorney would take such a lawsuit on a contingency basis.

    This all boils down to a he said, she said type of case, from what you've revealed so far.

    Why don't you speak with a couple of local attorneys about this matter?

    The initial consultation is usually free.
     
    Last edited: May 27, 2010
  5. cbg

    cbg Super Moderator

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    Yet another individual who mistakenly believes that being awarded unemployment benefits translates to illegal conduct on the part of the employer.

    Collecting UI does NOT mean the termination was illegal and does NOT mean you have grounds to sue.
     
  6. scmartin

    scmartin Law Topic Starter New Member

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    Once again a HR Employee following the company line. No one said anything about illegal and no said that UI gave me grounds...Covering your own butt and sacrificing someone else, then helping that person by continueing to pile on and trying to harm their reputation with more lies..seems I've heard this line before..Please, no more replies from you single minded HR types. The whole idea is to get this indivdual brought to task for his actions, that does not necessarily mean monetary wise. Prehaps sue was not the optimum word to use.
     
    Last edited: May 28, 2010
  7. mlane58

    mlane58 New Member

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    No, once again another ex-employee who only hears what they want to hear and then blames professionals who gives them sound advice and the correct answers. You are the only one that is being single minded and a chip on your shoulder. You have no idea whether this supervisor was rought to task or not, unless you are claivoyant. We can only give advice based the information you present and based off you posting, you got the correct information.
     
  8. scmartin

    scmartin Law Topic Starter New Member

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    No once again, an HR employee following the company line. I happen to live next door to the establishment, I still have contact with persons that are still employed and no this person has not been (r) brought to task. You don't like the idea that I have no use for you so called professionals, especially those of you that think that just because I feel slighted and wronged that I have a chip on my shoulder.. that is so far from the truth. The only solid, good advise I've recieved was from Army Judge the rest of you are following the company line and have blinders on. I hope that each one of you experience this type of treatment yourself one day...maybe being socially raped will get you to see that there is a double standard...until then, you don't know, I do, take your opinions and.... look in a mirror.
     
    Last edited: May 28, 2010
  9. cbg

    cbg Super Moderator

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    When people post on a legal board, they are generally looking for advice on what legal action they can take.

    There is no law you can invoke that will force the employer to discipline the supervisor. That is NOT "following the company line"; that is legal fact. Ask any attorney you like if you don't believe me.

    Unless you work in HR yourself and have access to the supervisor's personnel file, you do not know what action has or has not been taken. You only know that no one made it public, which they are not legally required to do. That is also NOT "following the company line"; that is simple common sense.

    It is possible, unlikely but possible, that you *may* have grounds to sue the supervisor, but it is a long shot at best and will very likely cost you more than you would get back. Once more; not "company line" - legal fact.

    You do not have grounds to sue the company. Period. Legal fact. Not opinion, not company line. Legal fact. Once again, ask any attorney you like if you don't believe me.

    The fact that you don't like the answers you got, do not make them wrong.
     
  10. scmartin

    scmartin Law Topic Starter New Member

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    This is for cbg, you started spouting the company line in your first answer, and if you would have read the others you would have seen that I misspoke when I said sue. Like others have said, you don't know the entire story. This is a store with less than 5 employees and I speak to and have grown up with 2 of them. I live and own property next to store. The manager is the one that continues to talk, which, if you'd listened, is one of my grounds for asking for a redress because his chatter is harming me...this is not the case of some big company that you so called professionals are used to, so your chatter is nothing but that. Meanwhile, back on the ranch, I have discussed it with an attorney (as Army Lawyer suggested- the only on to give me advise instead of whining the company line) and yes, I do have grounds and yes I am going after the b------- and like I said before: money is not the object,
    it's right and honor...doing right by people. Living the Golden Rule....like you said I came on here to get legal advise which I see by your profile you are not qualified to give...You HR types are like pigs in a sty.. you stink..er I mean stick together...TaTa!
     
  11. cbg

    cbg Super Moderator

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    Fine. Since you know the law so much better than anyone here, why are you posting at all?

    Oh, and don't assume what size companies I've worked with.
     
  12. theretoo

    theretoo New Member

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    You do have to remember that CBG is NOT a legal professional and has no "legal" advice to give. All input is CBG's personal opinion and cannot be construed in any way, shape or form as being an educated legal opinion, but that of a "self" thought to be expert. I haven't seen any legal credentials provided, so you just have to take it with a grain of salt, like anyone else's posts on here, unless they are representing themselves as a legal professional with the ability to provide legal advice on the matter.
     
  13. cbg

    cbg Super Moderator

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    And your legal qualifications are?
     

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