1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

What are the next steps to take in this potential wrongful termination?

Discussion in 'Termination: Firing & Resignation' started by Joshua William, Aug 30, 2019.

  1. Joshua William

    Joshua William Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Texas
    This is in Killeen, TX.
    NIght of the incident. I worked for fast food pizza place. I noticed a new homeless person hanging around the dumpsters we use after closing time. This is done by some people for 'free food' from employees that would have gotten thrown anyway. This person was hanging around a few hours before closetime. I had no idea if this person was gonna be around the dumpster after closing because I was told to go home for the night due to store not making enough money at the time. The normal store policy ( not always followed due to either haste or being sympathetic to those less fortunate ) told to us was to empty the pizzas into the trash bags and take out the boxes as empty. Since this policy was not often followed and I saw this person hanging around the dumpsters for an extended time, I tried to warn fellow employees to follow the policy as a just in case. Someone made a joke ( according to the complaint ) about pouring poison onto the pizza and adding dirt ( words used in the customer complaint read to me ). Me and a few employees might have had a few laughs about it, but nothing serious and most definately, would not be acted upon. A customer heard it and canceled her order and made a complaint to corporate with the complaint specifically saying that heard a she and adding of poison and dirt. Corporate proceeds to investigate. At first, suspending me. Part of this is based on a prior unrelated incident that was indeed my fault, addmited to it, and paid proper dues. Area supervisor states that this is so that employees can be questioned without me influencing them ( I can understand this via witness tampering ). Talked with store manager ( not there at the time of incident and does not bear ill will against me. Everyone liked me there ) and the Area supervisor at the start of this and they were sympathetic to me about this and could see where I am coming from. I come back from the suspension at the appointed time. WHile I was waiting to talk to Area supervisor to find out my fate, I glanced around for schedule, new announcements, etc. in case of new happenings I needed to be aware of. I saw written testimony from one of the employees ( not new to little caesars in general, but a few weeks new to that store ) for only a glance. The beginning portions were stated that I say to pour bleach on the pizzas. Bleach ( while poisonous is most definately different from specific wording of poison and adding dirt and that customer heard a 'she' ) I talked with Store Manager and Area Supervisor to find out that I am being let go ( did not mention written testimony that glanced. I did not read whole thing. The managers are just following orders ( again they are sympathetic to me and I can see them as just doing their jobs ). Tried to inquire further with Area Supervisor, but she stated that can only give the office phone number. I am led to believe that they only have the one testimony and the person giving it may have may the joke themselves or might have been influenced by corporate to 'state that or else'. I am also led to believe that corporate is not following up further than barely necessary and went the easiest route of terminating me. A friend is stating to go to Texas Workforce Commission for complaint. I have not called the corporate office phone number yet to inquire further. What can/should be done from here? I understand the concept of 'there are better jobs out there' and to 'move on,' but I don't want this to so easily happen to another employee. What would the type of lawyer to seek out consultation as well?
     
  2. Zigner

    Zigner Well-Known Member

    Messages:
    894
    Likes Received:
    465
    Trophy Points:
    63

    Based on your story, the dismissal is 100% legal. There is nothing improper about it, and quite frankly, it sounds like the right thing for your large nation-wide employer to do.

    Even though you didn't ask about this, I will advise you that, if (likely when) the police contact you, refuse to speak to them without an attorney present.


     
    hrforme and justblue like this.
  3. army judge

    army judge Super Moderator

    Messages:
    30,398
    Likes Received:
    4,130
    Trophy Points:
    113

    The TWFC can do even less than you can do, which is NOTHING.

    You should move on and find yourself that next, great job that awaits you.

    If you raise a ruckus about this, you'll only create MORE negativity which will harm you more than you think you've been harmed so far.

    By the way, I practice law (from time to time in Killeen), even own a home nearby.

    I know the area, the county, the entire Hill Country.

    The best thing you can do is get as far away, as fast as you can from this.

    If you don't, you could find yourself facing a criminal investigation, and we all know how those things can go sideways quickly.


    A lawyer that would want you to pay her/him at least $5,000 (maybe $10,000) in cash before he or she starts to pretend to do something.
     
  4. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,656
    Likes Received:
    1,454
    Trophy Points:
    113

    It's common for employees to say stupid things and get fired for it. Nothing actionable happened. Apply for unemployment and look for another job ASAP. Giving this situation your attention is a waste of time.
     
    hrforme likes this.
  5. cbg

    cbg Super Moderator

    Messages:
    7,881
    Likes Received:
    1,098
    Trophy Points:
    113

    What you have described is not a wrongful termination as defined by law. A wrongful term does not mean you were fired for something you didn't do; it means you were fired for a reason prohibited by law. It may or may not have been fair; it was legal.

    File for unemployment and look for another job. This one's gone, and there's no legal recourse you can take based on your description.
     
    PayrollHRGuy, hrforme and army judge like this.
  6. PayrollHRGuy

    PayrollHRGuy Active Member

    Messages:
    293
    Likes Received:
    140
    Trophy Points:
    43
    You joked about poisoning a pizza where a customer could hear you. What in the world makes you think this is a wrongful termination. You are actually lucky that no criminal charges are being filed.
     
    hrforme likes this.

Share This Page