Unfair Termination

M

Maritzace

Guest
Jurisdiction
California
Hello I am here to get insight on my recent termination with my previous employer.
I was working at JcPenney in Escondido, Ca for about 9 months now, I understood the basic knowledge of how the store and company worked. On July 14, 2016 I arrived for my shift at 1pm on time, once i got to my department (Childrens) I relived my coworker so she could take her lunch. I was working as normal, folding clothes, ringing up customers and such. When my co worker got back at 1:40pm I decided to take other departments clothes to their sections. As i was done i heard my HR manager call my name over head and told me to call her office, so I did. She immediately told me to come to her office and I went, at this point I thought it was a normal consultation because I was supposed to be moved up to a managers assistant. Boy I was wrong...
When i arrived to her office she was there and so was the Loss Prevention manager and some analyst lady (forgot her name). My HR manager said they had questions for me and closed the door for the office. I didn't know why they wanted to talk to me?
The LP manager began talking and explaining what they wanted to talk to me about, I sat down and listened. He began talking to me like i was a friend and being super friendly and introduced me to that lady sitting there. This Lady explained that they had few questions and then I would be on my way to return working. They began saying if I had ever returned thing without a receipt to the store and I answered that I did return a jacket because I had no use for it and my mother threw away the receipt. This happened a month into my employment when I didn't know there were receipt look ups available and the employee helping did not advise me either and he had been there for a year and a half. When i was done explaining they moved on to the next question of me giving out my associate discounts to anyone. I told them I have never given out my discount as associates are always warn not to give it out or else they would terminate anyone who gives it out. They were skeptical of this answer and kept pushing me and questioning me saying it was okay if I had ever done it, that they just want honesty from me. I told them sternly that I have not given out my discount. At this point I was scared I was locked in the office with some random lady writing down everything I say and this guy acting like he was my friend.
The next question was about me giving prices on items I shouldn't have, I told them yes everyone does that it is our policy of 'making the customer happy'. I told them exactly how the situation went and how I didn't call management because the store manager had specifically told every employee in the morning meetings not to call them for such basic questions. I was calm but was getting angrier by the second, when the next question came about I was furious. They proceeded to question me about my coupons I had used for fathers day. The LP guy pulled out receipts of it and I told them yes these are my transactions. I made 3 transactions and said the one of them I had stole a coupon from a customer and used it for my transactions! The coupon i used was sent to me to used because i am a credit card member and I told them that it was MY coupon I got MAILED to MY HOUSE under MY NAME! Once I said that he replied with 'we have you on camera taking it out of your purse'. Of course they are going to have me on camera! I brought the coupon from MY HOME! I was so in shock that my stupid self didn't ask to see the video! I just kept thinking 'of course it's my coupon!' This lady also decided to tell me that what ever i did was wrong and that I'm red flagged by the company due to my transactions I had made. I honestly did not do anything wrong.
When he began stating the last question I was honestly over it, I wanted to leave and go home. They both accused me of using my rewards account on customers purchases to gain rewards points. I told them I did not do that at all, because thats stupid to do. He pulled out some papers stapled together and told me that they have all the evidence here that i used it on other customers. In my head I kept thinking how would I do that!? I'm smart enough to notice my own phone number and my own name! When I wanted to see what they had he quickly flipped through the pages and did not let me see the transactions. It was ludicrous! He kept grilling me about me doing it and kept saying its okay we just want honesty, I told them i have never done that. He kept giving out scenarios where i could have happened like the customers telling me to put my phone number but no customer had ever told me that. He kept going with the scenarios until i said sure. I said sure to I might have forgotten it on the screen. Once the sure popped out of my mouth, this lady sitting there decides to tell me that what I've been doing is wrong and began a lecture degrading me. I sat there thinking I've never done anything! All I said was sure to him just so he could stop telling me how positive he was that I did that.
That when they asked me about coupons for customers, they asked if i had stolen any, I said no, they asked if I had given them out to friends, I said no. Finally they asked about me giving out coupons in general, I told them that my manager told me and my co workers it was okay to give out a 15% off coupon to people who applied for a Jcp Credit Card. They told me to specify how many times I told them like 20 times when I first started working during the holidays. The lady sitting next to me just kept giving dirty looks and making me feel uncomfortable. Thats when the LP guy told me to write my statement. A statement for what!? He took the pen a paper from the lady tore out what she was writing and made me write everything they wanted. They watched me write each sentence and would read it. When i wrote down about my rewards and not using it on customers, the LP guy got upset and made me write down that I put my phone number in by habit. Even when I remembered telling them sure to leaving it on the screen. At this point I felt like the coerced me into saying and writing what they wanted.
This LP guy left to talk to the HR manager and left me alone with this lady, she began grilling me about how i was going to lose my job and that this was considered theft and what not. She even had the audacity to ask If my purchases were made with my own money! I told her no because I didn't do anything wrong and that i have my own money and JCP Credit Card. She got up and left and when they wanted to come back in they couldn't! The door was locked! How can they question an employee behind closed doors and when its locked so no one can come in!? Thats when I gave up because everyone was talking down to me and treating me like I was a stupid criminal. When they entered because I opened the door the HR manager, the LP guy and that lady came in and sat me down. HR manager said I violated the Code of Conduct but did not explain to what. She said I was terminated by miss use of company assets? Did not explain what that was and gave me my final pay. I looked up at the LP guy and he was smiling at me, like he did something heroic. NO he did not! He's caused one college student to mind different mean of paying for tuition!
I want to fight this but don't know where to start! I have checked my rewards account online and it shows what purchases were made, what card was used and how many points accumulated. I have revised them and saw all purchases were made by me. I was falsely accused and honestly it was not fair. I have witnessed worse from employees and they get warnings but me, have never gotten a warning at all, just termination. It was unlawful termination.
 
Not unlawful; you could have been fired because they did not like the color of your fingernail polish. Your best bet is to file for unemployment and start job hunting.
 
Hello I am here to get insight on my recent termination with my previous employer.
I was working at JcPenney in Escondido, Ca for about 9 months now, I understood the basic knowledge of how the store and company worked. On July 14, 2016 I arrived for my shift at 1pm on time, once i got to my department (Childrens) I relived my coworker so she could take her lunch. I was working as normal, folding clothes, ringing up customers and such. When my co worker got back at 1:40pm I decided to take other departments clothes to their sections. As i was done i heard my HR manager call my name over head and told me to call her office, so I did. She immediately told me to come to her office and I went, at this point I thought it was a normal consultation because I was supposed to be moved up to a managers assistant. Boy I was wrong...
When i arrived to her office she was there and so was the Loss Prevention manager and some analyst lady (forgot her name). My HR manager said they had questions for me and closed the door for the office. I didn't know why they wanted to talk to me?
The LP manager began talking and explaining what they wanted to talk to me about, I sat down and listened. He began talking to me like i was a friend and being super friendly and introduced me to that lady sitting there. This Lady explained that they had few questions and then I would be on my way to return working. They began saying if I had ever returned thing without a receipt to the store and I answered that I did return a jacket because I had no use for it and my mother threw away the receipt. This happened a month into my employment when I didn't know there were receipt look ups available and the employee helping did not advise me either and he had been there for a year and a half. When i was done explaining they moved on to the next question of me giving out my associate discounts to anyone. I told them I have never given out my discount as associates are always warn not to give it out or else they would terminate anyone who gives it out. They were skeptical of this answer and kept pushing me and questioning me saying it was okay if I had ever done it, that they just want honesty from me. I told them sternly that I have not given out my discount. At this point I was scared I was locked in the office with some random lady writing down everything I say and this guy acting like he was my friend.
The next question was about me giving prices on items I shouldn't have, I told them yes everyone does that it is our policy of 'making the customer happy'. I told them exactly how the situation went and how I didn't call management because the store manager had specifically told every employee in the morning meetings not to call them for such basic questions. I was calm but was getting angrier by the second, when the next question came about I was furious. They proceeded to question me about my coupons I had used for fathers day. The LP guy pulled out receipts of it and I told them yes these are my transactions. I made 3 transactions and said the one of them I had stole a coupon from a customer and used it for my transactions! The coupon i used was sent to me to used because i am a credit card member and I told them that it was MY coupon I got MAILED to MY HOUSE under MY NAME! Once I said that he replied with 'we have you on camera taking it out of your purse'. Of course they are going to have me on camera! I brought the coupon from MY HOME! I was so in shock that my stupid self didn't ask to see the video! I just kept thinking 'of course it's my coupon!' This lady also decided to tell me that what ever i did was wrong and that I'm red flagged by the company due to my transactions I had made. I honestly did not do anything wrong.
When he began stating the last question I was honestly over it, I wanted to leave and go home. They both accused me of using my rewards account on customers purchases to gain rewards points. I told them I did not do that at all, because thats stupid to do. He pulled out some papers stapled together and told me that they have all the evidence here that i used it on other customers. In my head I kept thinking how would I do that!? I'm smart enough to notice my own phone number and my own name! When I wanted to see what they had he quickly flipped through the pages and did not let me see the transactions. It was ludicrous! He kept grilling me about me doing it and kept saying its okay we just want honesty, I told them i have never done that. He kept giving out scenarios where i could have happened like the customers telling me to put my phone number but no customer had ever told me that. He kept going with the scenarios until i said sure. I said sure to I might have forgotten it on the screen. Once the sure popped out of my mouth, this lady sitting there decides to tell me that what I've been doing is wrong and began a lecture degrading me. I sat there thinking I've never done anything! All I said was sure to him just so he could stop telling me how positive he was that I did that.
That when they asked me about coupons for customers, they asked if i had stolen any, I said no, they asked if I had given them out to friends, I said no. Finally they asked about me giving out coupons in general, I told them that my manager told me and my co workers it was okay to give out a 15% off coupon to people who applied for a Jcp Credit Card. They told me to specify how many times I told them like 20 times when I first started working during the holidays. The lady sitting next to me just kept giving dirty looks and making me feel uncomfortable. Thats when the LP guy told me to write my statement. A statement for what!? He took the pen a paper from the lady tore out what she was writing and made me write everything they wanted. They watched me write each sentence and would read it. When i wrote down about my rewards and not using it on customers, the LP guy got upset and made me write down that I put my phone number in by habit. Even when I remembered telling them sure to leaving it on the screen. At this point I felt like the coerced me into saying and writing what they wanted.
This LP guy left to talk to the HR manager and left me alone with this lady, she began grilling me about how i was going to lose my job and that this was considered theft and what not. She even had the audacity to ask If my purchases were made with my own money! I told her no because I didn't do anything wrong and that i have my own money and JCP Credit Card. She got up and left and when they wanted to come back in they couldn't! The door was locked! How can they question an employee behind closed doors and when its locked so no one can come in!? Thats when I gave up because everyone was talking down to me and treating me like I was a stupid criminal. When they entered because I opened the door the HR manager, the LP guy and that lady came in and sat me down. HR manager said I violated the Code of Conduct but did not explain to what. She said I was terminated by miss use of company assets? Did not explain what that was and gave me my final pay. I looked up at the LP guy and he was smiling at me, like he did something heroic. NO he did not! He's caused one college student to mind different mean of paying for tuition!
I want to fight this but don't know where to start! I have checked my rewards account online and it shows what purchases were made, what card was used and how many points accumulated. I have revised them and saw all purchases were made by me. I was falsely accused and honestly it was not fair. I have witnessed worse from employees and they get warnings but me, have never gotten a warning at all, just termination. It was unlawful termination.

Nothing unlawful in what you described.

In the future, make sure you follow every rule and law to the letter.

Don't bend or break the rules for anyone.

In the future if you ever are invited into such a setting, you are always free to decline by saying, "Sorry, I have nothing to discuss. If you plan to terminate me, tell me how you wish to proceed."

Another life lesson here is, that anytime someone from security, the police, or loss prevention wishes to "interview" you; that means they will begin INTERROGATING you.

There's no way such an interview is meant to help you.

Its done to apprehend you, corner you, nab you, ensnare you, but never to free you.

The same, I might add, applies to police "interviews".

This lawyer might be able to better explain it to you:


As suggested, file for unemployment ASAP, the state will decide your fate.

You might also start a job search, IF you still need to earn money.

Be prepared to explain the nine month gap, or what you expect JCP will say about your performance as their employee.
 
The employer did not do anything illegal. You can be terminated at any time for any reason except for a reason prohibited by law (such as religion, race, gender.......) or unless you have a binding employment contract to the contrary. Even if this was unfair, unfair does not always equal illegal.

You can file for unemployment ins. & look for other employment. Good luck.
 
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