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  1. #1

    Unhappy Employee recourse after a wrongful suspension and possible termination

    My daughter has worked for a craft store chain in California for almost 2 years now. She is currently a department manager. Since it's corporate office is in Texas I don't know if Texas laws apply or if California laws would apply (or if she has any rights at all). She was sent home with pay the Friday before Christmas given very vague and contradictory reasons; but one reason was that they had fired her friend and they wanted to give her time to cool off. She called in later to get her schedule and was told she was scheduled on the Tuesday after Xmas. She went in as scheduled on Tuesday, but got sent home saying the schedule had been changed (but no one called her). She called in on Wednesday and was told that she was suspended--no reason given. She has tried talking to her manager, he told her the asst mgr was working with HR but was not available, she has left both the division manager and HR several messages but no one is returning her calls. She finally spoke with the asst mgr but still no one can tell her why she was suspended, how long she is suspended for, or what her recourse is. What can or should she do from here? During this past week there have been 2 other employees that schedules changed and then they have been terminated. If she is terminated--does she have any rights? The activities that have gone on don't seem right. Any guidance you can give would be greatly appreciated. Thx.

  2. #2
    Join Date
    Jul 2006
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    5,438

    Default Re: Suspended w/no reason, possible termination;Employee recourse-CA

    Q: What can or should she do from here?

    A: Look for another job.

  3. #3
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Suspended w/no reason, possible termination;Employee recourse-CA

    If she's an at-will employee, they don't have to give her a reason to either remove her from the schedule or fire her. And even if their reasons for taking action against her are incorrect, that isn't necessarily enough to support a legal action. There has to be something more, such as a civil rights violation.

  4. #4

    Default Re: Employee recourse after a wrongful suspension and possible termination

    Thank you for your replies. One more related question, my daughter seems to think this series of events is a 'preemptive' strike by the manager. If he gets rid of everyone involved; no one will be able to file a complaint. Evidently there were some 'inappropriate' actions by the manager in the weeks prior(but no formal complaints made at the time). Anyone involved or aware of the action now is under attack (or has been fired). It may just be coincidental but the recent activities seemed to begin after my daughter asked for corporate HR's number. In reading about 'retaliation' it seems to allude to acts by mgmt 'after the fact'--would this situation be suspect for retaliation?

  5. #5
    Join Date
    Jul 2006
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    5,438

    Default Re: Employee recourse after a wrongful suspension and possible termination

    Quote Quoting California Dreamer
    View Post
    Thank you for your replies. One more related question, my daughter seems to think this series of events is a 'preemptive' strike by the manager. If he gets rid of everyone involved; no one will be able to file a complaint. Evidently there were some 'inappropriate' actions by the manager in the weeks prior(but no formal complaints made at the time). Anyone involved or aware of the action now is under attack (or has been fired). It may just be coincidental but the recent activities seemed to begin after my daughter asked for corporate HR's number. In reading about 'retaliation' it seems to allude to acts by mgmt 'after the fact'--would this situation be suspect for retaliation?
    Your question is so vague that I don't have the slightest idea what you are talking about.


    But since you didn't mention it in your first post, I must assume that it could not be very important...whatever it is you are talking about.

  6. #6

    Default Re: Employee recourse after a wrongful suspension and possible termination

    My apologies for my vagueness, let me try again. Evidently, within the last week or so the male store manager acted inappropriately with a female employee. This employee shared this information with my daughter--now everyone that 'knows' about the situation is being suspended/terminated (without known cause). My question, as related to the first post, is whether the suspension and termination activities described could be construed as 'retaliation'. And if so, is there any recourse?

  7. #7
    Join Date
    Jul 2006
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    5,438

    Default Re: Employee recourse after a wrongful suspension and possible termination

    She needs to start looking for another job and you need to stop grasping at straws.

  8. #8

    Default Re: Employee recourse after a wrongful suspension and possible termination

    Thank you for your candor. It's interesting to me why you chose to be abrupt rather than answering a sincere question with meaningful information. I'm relatively new to these forums so I can only guess that your 'signature personality' may be part of the script.

  9. #9
    Join Date
    Jul 2006
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    5,438

    Default Re: Employee recourse after a wrongful suspension and possible termination

    Quote Quoting California Dreamer
    View Post
    Thank you for your candor. It's interesting to me why you chose to be abrupt rather than answering a sincere question with meaningful information. I'm relatively new to these forums so I can only guess that your 'signature personality' may be part of the script.
    You are welcome....

  10. #10
    Join Date
    Sep 2005
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    74,906

    Default Re: Employee recourse after a wrongful suspension and possible termination

    seniorjudge enjoys being abrupt. Its his trademark style.

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