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  1. #1
    Join Date
    Dec 2011
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    5

    Default Fired Shortly After Reporting My Manager for Fraud

    My question involves labor and employment law for the state of: CALIFORNIA

    I work for a big corporation, or at least use to work there. However, recently i was terminated for "misconduct" shortly after opening an investigation on my store.

    Ever since my manager was promoted to be our manager, she never liked me from the get-go. Why? I don't know. Why do i say this, simple.

    I was constantly written up for various things, while everyone who would do the same would be ok. I was ranked constantly top 10 in the district for sales.
    3 weeks prior to getting fired, everyone knew I had lower chronic back pain that was diagnosed from my Doctor. Our Chairs were against OSHA regulations and I informed my manager and did nothing about it.. ( That's a small reason why she may dislike me )-- However, i never made a complain to OSHA, and just thought i'd deal with it.

    So, I stretched my back in the front of the store, with no customers, I'm on the clock, and my manager see's me. And begins to yell at me in front of all my co-workers. Thinking she's playing around, i did a little giggle and told her sorry, that my back was hurting. -- She leaves to lunch, and tells me supervisor to send me home... A little confused, I went to the doctor to find out why is my back hurting so bad, and provided me a DRs note to stay off work for the next 2 days.

    That same day i was sent home, i went back to the store to talk to my manager and i provided her the note. She apologized for her reaction and that was that.

    On the day of the return, She called me to the back and had a write up ready for me.... Claiming i took an unauthorized break and i was being insubordinate...
    What the......

    During that same day, i was talking to one of my coworkers in the back room that i was concerned about everything thats going on, and will be reporting everything to HR.. Little did i know she was in the room next to me, did she hear? I have no idea.

    My co-workers know she dislikes me.

    So during all this, I contacted HR via eMail and reported her for Commission fraud ( she purchased an item on the last day of the month in order for the store to hit quota and then returned it ) and some tax fraud she has all the supervisors do.

    Now here's the tricky part. I had a customer claiming he gave me 200$ as a payment. But there was only proof of 1.
    It was an ongoing issue, and my manager knew about it. She then told me, i have until the end of the day to resolve the issue otherwise she will open an investigation with my district manager and that's when people lose their jobs..

    I questioned her, and asked why would i lose my job if it shows i never took it. -- She replied with a stupid response, saying how she use to be the district managers assistant ( which is true ) and when they interrogated employees, they would have them convinced to something that never happened..

    Okkkkk........

    I tried fixing the issue i really did, and nothing happened. a little stressed, i told/asked her -- Ive done everything, last resort would be me paying the $100 out of my pocket.. I'm not about to risk my job for a $100......

    She told me, thats fine... do what you have to do.. ( so she allowed me to do so. )

    Ok cool - I got that out of the way.

    Next couple of days. My District Manager comes in, and they call me to the back room. ( here i am thinking, finally they're investigating my complaint i did for fraud)
    Wrong.. My Manager and DM were in the room with me..

    And my DM began to explain about how he's investigating me... because this customer is missing $100.

    A little concerned, i had many things going on in my head.. ( the day my manager told me about how she use to be the assistant etc.. was going thru my head )

    I was thinking it would be smart to keep it simple and end it.

    He asked me a couple of questions, and that's when i answered, Customer claims he gave me 200$, he only gave me 100$ and the other 100$ was never given to me.

    Boom, and I told him i felt uncomfortable with this interview with my manager in the room.

    And he just ended the interview. That's when He told me, he noticed some weird behavior at the payment machine and they have me on camera.
    ( what the, so my manager was the one that actually reported me... )
    I wasn't given a chance to explain.

    He said he will submit the information i gave him and wait for a decision from HR.
    I was then sent to lunch......

    I immediately called HR to find out whats going on with the report, and that's when they told me they never received anything? HOW? I have proof of the mail that it went through.
    So during my lunch, i told HR everything about the fraud ( nothing about the investigation thats going on with me ) -- they told me it will take 30-45 days for the investigation to be completed.
    Received a case # and that was that.

    Went back to the store, and was told the District Manager Left ( he took his backpack/laptop and everything else ) -- but he shortly came back while i was on my lunch and he brought back his laptop.

    Anyways, when i returned he was next door eating lunch with my manager. They both came in, called me to the back and was terminated grounds of misconduct.

    I asked them why is it misconduct, if the cameras showed i never took any monday.
    That's when he smurked and said, you put $100 of your money for the customer right.
    I thought for a second, and said yes...
    And thats when he said, thats misconduct.

    I refused to sign the termination paper and was walked out..

    Was also never given my final paycheck on the spot, and still waiting for my commission now.
    So i'm creating a wage claim on that as well.

    Question is, after opening an investigation on my manager for fraud, i was fired 30 minutes after.
    I told HR my name and they informed me that my DM will be informed about the incident..

    According to my coworkers ( they knew i was calling HR but had no idea about what ) that it looks like my DM left for the day, but it looks like your call to HR brought him back..

    I already filed Unemployment, and everyone that i know who has been fired -- the company alway fights it....


    I guess my question is, should i complain to the EEOC for retaliation or contact HR ? ( if you guys think if i have a claim )

    thank you.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Fired Shortly After Reporting My Manager for Fraud to H.r

    You do not appear to have any reason to contact the EEOC. You admit you broke company policy.

  3. #3
    Join Date
    Dec 2011
    Posts
    5

    Default Re: Fired Shortly After Reporting My Manager for Fraud to H.r

    Quote Quoting Disagreeable
    View Post
    You do not appear to have any reason to contact the EEOC. You admit you broke company policy.
    Thing is code of conduct states nothing about that behavior.

    Only thing close to it, states about "gifts" must be approved by management, and it was.. My manager gave me the okay to do so.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Fired Shortly After Reporting My Manager for Fraud to H.r

    Quote Quoting Time4PlanB
    View Post
    Thing is code of conduct states nothing about that behavior.

    Only thing close to it, states about "gifts" must be approved by management, and it was.. My manager gave me the okay to do so.
    That and a dollar will get you a cheap cup of coffee.

  5. #5
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Fired Shortly After Reporting My Manager for Fraud to H.r

    The big problem with all terminations is that the default is Employment At Will, which basically means that all terminations are presumed to be legal unless/until the employee can prove that they are not. You mentioned EEOC. They enforce a law called Title VII, meaning that the employee claims that the termination occurred because of their race, gender, national origin, or a few other legally protected characteristics. Ratting out your boss is not covered by this law. This is CA, so there is a remote chance that there is a Public Policy exception but you really need to talk to a local attorney who specializes in termination law. If I was to make a bet based solely on what you have said so far, I like your employer's side of the case better then I like yours. A lot better.

    What you really are looking for is a "whistle blower law", which exist, but which tend to be very limited in scope. Remove that, and remove a Title VII or similar protected class argument, and you are left with a very weak Public Policy case.

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