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  1. #1
    Join Date
    Sep 2020
    Posts
    1

    Default Wrongful Termination/Harassment

    After a grueling schedule (3 doubles in 4 days) I came to work drowsy - this lead to the store requiring me to take a drug test. After a few days, my status became "not to proceed" I was subsequently fired for "failing" a drug test. This was a complete shock to me - I don't do drugs of any kind (legal,illegal; prescription,over-the-counter, etc... ) I was told that information pertaining to this drug test would be sent to me - allowing for dispute. After a month, and never receiving anything, I visited the store. My ETL was on vacation, so I waited a little longer. Returning for a second time, I was given a phone number to call - after which, I asked: if I can prove the drug test was in error, will I be rehired? The store director said "maybe" and "we'll need to discuss it" and "there aren't any jobs available at this time" I waited a few weeks before returning for a third time. In the meantime, I called the number - they confirmed that my drug test came back clean - my status of "not to proceed" was reached by me not taking a breath test. I told them 1) no one told me anything about a breath test (ETLs, store director, hr, clinic - no one) 2) such a test couldn't even be administered during a pandemic - who's going to put something in their mouth, something that collects saliva from previous users, without having any feasible way to properly disinfect it? That'd be an incredible risk to take - no job is worth it. Then they said, we'll try to contact your employer, or better yet, have them contact us and we'll clear the confusion - he then said, he can't make the store rehire me, but if they wanted to, they could. Anyway, upon my third visit, I brought this news to the store director, who promptly dismissed it as "who cares if you were wrongfully terminated, we aren't going to rehire you" he then proceeded to say "my responses toward management were too inconsistent to warrant rehire" Too inconsistent? A charge that was never mentioned to me during the 18 monthes I worked there, nor during my two prior visits. He then admits that if my drug test came back clean, I'd still be working there. So, he completely made up a charge - a charge I was never made aware of. A charge that wasn't mentioned during my two prior visits. A charge that only materialized after discovering my drug test was actually clean. A wrongful termination that no one cared about or cared to rectify. I know, I should just move along and find a new place to work, but these circumstances are a bitter pill to swallow. And further victimization against me gets worse.

    During my second visit, an employee asked me when I was coming back? I responded, I'm trying. Apparently, a different employee overheard this brief exchange, went to security, and said I made them feel uncomfortable. The store director specifically asked "did you tell someone you were coming back to work here? Because it made them feel uncomfortable." Not exactly sure how that's my problem, but the topic didn't persist - thus, my impression, it wasn't important. Fast forward to third visit. When I arrived at the store, I asked a friend of mine, was store director in? and where is he? They told me he was doing his afternoon store inspection - so I went looking for him. Along the way, I stopped and briefly chatted with friends I had made while working there... After about 20 mins, a lead told me the store director was at lunch, and will return in a few minutes. I thus proceeded to chat with a friend/employee. Apparently, the same person who said "I made them uncomfortable" during my last visit, repeated the claim. After meeting with store director, our discussion turned from me not being rehired, to me making this person feel "uncomfortable" I said, I only chatted with people I know I'm good friends with - this person is falsely accusing me. The store director, asked "did you talk to employees?" I responded "yes" he said "you can't do that. you're distracting people from doing their jobs. If you want to shop here, you can, but if you stop to talk to anyone, or if you make anyone feel uncomfortable, we'll trespass you from the store" I told him "that's not fair. this person is "uncomfortable" for no reason other than my presence. If I come here to shop, as you just said was okay, that person will say "uncomfortable" and through no fault of my own, I'm blacklisted" I'm being set-up to fail. He said "you're a guest, guests don't chat with employees. They buy their items and leave - do the same" I thus replied "guests absolutely talk to employees about random topics unrelated to shopping - as an employee, we're encouraged to chat with guests." In fact, I have a hard time believing that if a guest was chatting with an employee, you'd (store director) come over and say something like "excuse me, you''re distracting my employee, causing them to fall behind in their work. End the conversation now, and if you do it again, you'll be banned from the store." No store director would ever say that to a guest - but that's what I'm being told. I also told him "as I'm a guest, your employee is making me feel uncomfortable. I can't even shop here without having to worry if I'll be blacklisted/trespass/arrested/accostted for no reason" I continued "I have a hard time believing that, while working here, if I came to you about a guest, whose meer presence made me feel uncomfortable, that you'd threaten that guest - but you're doing that to me" continued "I also find it hard to believe, that if guest came to you and said an employee was making them feel uncomfortable, you'd just ignore it - or even take the employee's side by accosting the guest - yet again, that's what is happening to me."

    Summary:

    my wrongful termination is being ignored. Not only ignored, but new excuses have materialized to justify it.

    As a guest, I'm being harassed and threatened for doing nothing more than what any guest does - have brief conversations with employees (brief is about 5 mins or less - though, at my third visit, I was told the camera watched me talk to an employee for 8 mins)

    IDK what can be done about either wrongful termination or harassment while shopping???

    Thank you.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,519

    Default Re: Wrongful Termination/Harassment

    In what state was this? Drug testing laws are state specific.

    FYI, a wrongful termination does not mean you were fired for something you didn't do; it means you were fired for a reason prohibited by law.

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