Wrongful Termination

[Private1114]

Jurisdiction

Michigan

If an employer asked you if a job was "too much for you?" Can this be looked upon as a termination with an "at will" employer?

 

[justblue]

If an employer asked you if a job was "too much for you?" Can this be looked upon as a termination with an "at will" employer?

In of itself? Not in my opinion. But as your question is just about as vague as possible, I could be wrong.

 

[Private1114]

In of itself? Not in my opinion. But as your question is just about as vague as possible, I could be wrong.

Does that mean you would like to read more about the matter?

 

[Private1114]

The store manager was discussing poor performance with my friend. My friend says the store manager and herself had an agreement that my friend do the best she can when she (my friend, assistant store manager) has only one cashier. My friend has the text messages from the store manager that say she just needs to do the best she can provided she only has one cashier. During the discussion the store manager said that my friends performance that particular day was unacceptable and asked her if the job was too much for her. My friend says that she had one cashier that day and that she did the best she could. My friend has been going through alot with this job and she says the store manager has as well but that it is really the store managers fault my friend cites the store managers weak scheduling and lack of the want to hire. She says the store manager hates the hiring process and so is reluctant to hire someone to help.

 

[justblue]

The store manager was discussing poor performance with my friend. My friend says the store manager and herself had an agreement that my friend do the best she can when she (my friend, assistant store manager) has only one cashier. My friend has the text messages from the store manager that say she just needs to do the best she can provided she only has one cashier. During the discussion the store manager said that my friends performance that particular day was unacceptable and asked her if the job was too much for her. My friend says that she had one cashier that day and that she did the best she could. My friend has been going through alot with this job and she says the store manager has as well but that it is really the store managers fault my friend cites the store managers weak scheduling and lack of the want to hire. She says the store manager hates the hiring process and so is reluctant to hire someone to help.

I don't think asking if a job is too much = termination.

Wait for the HR experts to come along...

 

[Private1114]

Sure, I can wit

 

[Private1114]

Sure, I can wit

Wait... I meant

 

[justblue]

Wait... I meant

Just to let you know cbg is the HR expert I was referring to ...she's in Boston so likely won't be back till tomorrow morning.

 

[cbg]

On the basis of what you have posted, I don't see it as a termination at all. I don't see where anyone lost their job. But if someone is fired under the circumstances you describe, it will NOT be a wrongful termination. Possibly unfair, depending on facts we do not have. But unfair and illegal are two different things.

 

[PayrollHRGuy]

It is certainly not a termination in any way mainly because she was not terminated. At least from what you wrote.

 

[hrforme]

agree that no termination occurred...sounds like this was performance management and expectations. In the end the store manager has higher expectations. That's not illegal or unfair.

 

[army judge]

store manager that say she just needs to do the best she can provided she only has one cashier

Nothing in that thought indicates anything illegal, in fact the thought itself is very vague.

People often speak that way when they want to say more, but are smart enough to say LESS!

During the discussion the store manager said that my friends performance that particular day was unacceptable and asked her if the job was too much for her.

Again, the store manager is very clever and quite cautious when speaking.

My friend says that she had one cashier that day and that she did the best she could.

In the minds of other people, sometimes our best just isn't good enough.

She says the store manager hates the hiring process and so is reluctant to hire someone to help.

All that I've read indicates frustration and exasperation on the part of your friend because the store appears to be understaffed.

I wouldn't blame the store manager.

In most small retail store operations, the store manager doesn't determine staffing levels.

Staffing levels are determined from higher level management.

Let's hope your friend lands on the good foot.

In the current economy, employment prospects abound for all those who have employable skills and the grit to get out there and seek their fortunes.

 

[zddoodah]

If an employer asked you if a job was "too much for you?" Can this be looked upon as a termination with an "at will" employer?

Huh? Asking a question is not a termination. Employment is "at will" unless the employee and employer have a contract that limits the employer's ability to terminate the employee, the employee is a member of a labor union that has a collective bargaining agreement with the employer, or, in some cases, the employee is a civil service employee.

My friend says the store manager and herself had an agreement that my friend do the best she can

I hope you understand it is axiomatic that no one can do any better than the best one can do.

As for the rest of your story, I don't understand what the issue is. Was your friend fired?

Keep in mind that, even if her employer agrees that your friend is "do[ing] the best she can," the employer may still fire her if it concludes that her best is not good enough.