Wrongfully Terminated?

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TMunoz

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My jurisdiction is: Oregon

There has been a new manager to the store within the past 5 months or so. During this period, my co-workers talk to me about the problems they have with him. I have tried convincing them that they need to talk to the manager about this, but they are mostly afraid of what happened to me. I talked to Human Resources repeatedly about these problems (which resides in a different state) and let them know going to the District Manager wasn't going to help due to the fact that she seemed to be part of the problem. Unfortunately, Human Resources had to have our District Manager investigate these problems. I asked to have a meeting with the District Manager.


August 12, 2009

I had a meeting with the District Manager who, without prior permission, brought in the manager and stated that he was going to sit in as a learning experience. I did not want him apart of it, but he was already in the room and knew who was bringing up these issues. After letting it all out, I was told by both of them that they would work on these issues. I was also told my job would be safe from any backlash from this meeting.

August 15, 2009

After 3 days of not working, I found out from a co-worker that I was not working my scheduled night. I called the manager multiple times and left messages saying that I would like to speak with him about why I wasn't working. After a few hours, I called the District Manager to see if she knew anything. She didn't know why I was taken off the schedule and told me to go in anyway. About a half an hour later, I received a call back from the District Manager saying that I was suspended due to investigation of selling alcohol to a minor. I was told it was wise to stay away from the store and have a meeting set up with the Manager. I continued to call him for the next 2 days.

August 17, 2009

After hours of calling the store knowing the Manager was working, I was constantly being told that he would call me back and wouldn't come to the phone. Later that evening, he called me back and had a meeting set up with the Manager, District Manager and myself on August 20, 2009 at 4pm.

August 19, 2009

I received a voice mail postponing the meeting from August 20, to August 21 at 6pm due to the District Manager couldn't make it. I called him back and left a message saying that I would like to have it sooner in the day. I received no answer.

August 20, 2009

I called the District Manager to see if it was ok to pick my check up in the morning rather than waiting until the meeting. She told me to talk to the Manager. I called him, who actually answered, and he said that was fine.

August 21, 2009

I picked up my check around 12:30 pm and returned at 5:30 pm for the meeting.

During the meeting, I was told that a few weeks ago (at least a week before the meeting) that some underage people were caught for drinking underage. The police took a report from the father of one of these kids and my name was mentioned as saying 'take whatever you want'. I received no warning or information about this incident until this day. I was also informed that another co-worker, who was fired for selling cigarettes to minors and letting people behind the counter on the night of August 14, mentioned my name for the same reason. I told them there was no proof of my innocence due to there was no way to prove I was. I let them know my general routine and ability to handle underage and drunks that want to buy. They told me that I was a liability and was giving the store a bad name. Also, that the police knew quite a bit about the store and don't seem to like it very much. I let them know that I contact the police on a pretty solid basis. After referring to me as a liability a few more times, they let me know I was terminated. I asked of what proof they had of the underage sales, or if it was all hearsay. They told me they had a police report, which I responded to 'was a form of hearsay'. I was told, yet again, that the reason for my termination was because I was a liability. Before I left, I was told that my final check was to arrive on August 24. I was also told to stay away from the store.

August 24, 2009

I talked to Human Resources, who have been great and actually listened to what I have to say, tell me that the records were in front of them. I listed my concerns as being a retaliation act due to line of events, and unknown information that suddenly arose from weeks ago. She said there was nothing she could do but take down my complaints. I let her know that due to the meeting being pushed to a Friday at 6pm, limited my time to job search or contact DHS to none. I felt it was an undue hardship; unfair and unjust, just another way of postponing me from finding out my fate and moving on with my search. After that, she wished me good luck and I thanked her.

August 25, 2009

The check that I was told was arriving on the 24th still hasn't shown up. I have talked to the Assistant Manager and Human Resources. I have had no answer about this issue.

Let me know what you see wrong, and any advice you have please.
 
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The first thing I see wrong is that you haven't given us any kind of indication what kinds of problems you were having with the manager, and whether anything ILLEGAL has transpired all depends on that.
 
The main problems we were having with the manager was his attitude. He would use his title as a motive, saying 'it's your job to clean it up' after leaving a good sized mess and giving us an unreasonable time frame to do certain tasks. Myself personally have been having trouble with him threatening my job. I would hear him say 'well, we can always find someone else for your position' after telling him that what he wanted me to do was not possible within that time frame.

As for anything illegal, I have never sold anything that required proof of ID to an underage of my knowledge. Neither have I allowed anyone to take anything. I always check for ID and refuse service to anyone underage or drunk.
 
You appear to have a jerk for a boss and a were working for a poorly managed company - however, you do not have a wrongful termination claim. If they believe that you sold alcohol or tobacco to minors, you can legally be fired for it, even if they are mistaken. A wrongful termination does not mean that you were fired for something you didn't do - it means you were fired for a reason prohibited by law.
 
Well, as much as this sucks, thanks for your help. Probably kept me from doing something I would regret.
 
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