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  1. #1
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    Mar 2008
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    Default Fired For Giving Out A Cell Phone Number

    This is at a Blockbuster Franchise store in Scott County Indiana.

    I was working last night and a woman called our store phone. She identified herself as an employee from another Blockbuster, and stated that she had a major problem at that store, and needed to contact the store manager. To clarify, OUR store manager is THEIR store manager as well. Our store manager had her contact numbers on post-it notes behind the counter, and said if we need her to contact her. So I gave the lady her cell phone number, since she said it was urgent. A few moments later I was called by my store manager and she was furious, yelling and cursing at me. I tried to tell her to stop yelling and cursing so I could explain, but I couldn't even get a word in. So I hung up; I don't need verbal abuse from this woman. She calls back and does the same thing, I still can't get a word in. I hung up again. This repeats a couple times and then she does not call again. Today she leaves me a voice mail saying, "I need you to come to the store, we need to talk". I go there and she says I was written up before and this is the second time she is writing me up, but I am fired. I asked for a reason, and she said because I gave her telephone number to a customer! She yells at me and I begin yelling back, but unlike her I did not curse. She tells me to get out of the store and I am not allowed back.

    Sorry for the long story, but I have two questions. The first question is, can she fire me because I gave her telephone number to whom I thought was an employee from her other store? She even identified herself as an employee! It also sounded like the same woman who calls our store often for movie part numbers and other needs. I had no reason to suspect she was a customer.
    Secondly, can I go back to that store as a customer? She did say I couldn't come back, but is that legal? I didn't curse or threaten her at all.

    Edit:I did go back to the store to return a movie she said I needed to bring back, and another of the employees said I was fired for, "Insubordination". I guess because I hung up on her?

    Again sorry for the length.

    Thanks for your assistance!

  2. #2
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    Jan 2008
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    Toledo, OH
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    Default Re: Fired For A Cell Phone Number?

    can she fire me because I gave her telephone number to whom I thought was an employee from her other store?
    Yes.

    She can fire you for any reason or no reason at all, you live in an at-will state.

    Next time: Don't ever give anyone else's contact information to ANYONE. EVER. Unless it's the cops, who have shown up with badges, the best CYA tactic is to say "I can't give out her number, but if you give me yours, I'll call her with it right now and relay the message".

    I did go back to the store to return a movie she said I needed to bring back, and another of the employees said I was fired for, "Insubordination". I guess because I hung up on her?
    Probably. Hanging up on her - even though she was ranting - was insubordinate.

    can I go back to that store as a customer? She did say I couldn't come back, but is that legal?
    Sure it's legal. You can't force anyone to take your money. In this situation, why would you want to go back anyway?

  3. #3
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    Mar 2008
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    Default Re: Fired For A Cell Phone Number?

    Quote Quoting LawResearcherMissy
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    Sure it's legal. You can't force anyone to take your money. In this situation, why would you want to go back anyway?
    Well I have friends that work there, and I would like to stop by and say hello to them. If it is legal for somebody to say, "Don't come back", without cause, it's pretty absurd. I understand if somebody was threatening employees or had stolen from the store, but without cause doesn't make sense. Anyway, I don't write the law so,

    Would like a definite answer about going back on the premise.

    Thanks for the help Missy.

  4. #4
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    Massachusetts
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    Default Re: Fired For A Cell Phone Number?

    You already have a definite answer about going back on the premises. Just because it isn't the answer you want to hear, doesn't make it wrong.

    Yes., it is legal for them to prohibit you from coming back even as a customer.

    If there is someone you don't want in your house, you don't have to let them in.

    If Blockbuster doesn't want you in their store, they don't have to let you in.

  5. #5
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    Default Re: Fired For A Cell Phone Number?

    Quote Quoting IndyJD
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    Well I have friends that work there, and I would like to stop by and say hello to them.
    Great, and when your friends get fired for socializing at work you will all be able to look for new jobs together

  6. #6
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    Aug 2007
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    Default Re: Fired For A Cell Phone Number?

    Quote Quoting IndyJD
    View Post
    Well I have friends that work there, and I would like to stop by and say hello to them. If it is legal for somebody to say, "Don't come back", without cause, it's pretty absurd. I understand if somebody was threatening employees or had stolen from the store, but without cause doesn't make sense. Anyway, I don't write the law so,

    Would like a definite answer about going back on the premise.

    Thanks for the help Missy.

    Were you the one who posted about the difference in manager pay and CSR pay? Sounds like they got rid of you due to that and just used the cell phone as legal cause, sorry to say.

    That aside, I am in agreement with Missy and CBG on this issue. Since you no longer are an employee, any visit to the store/property would be under the legal heading of a "Business invitee/Frequenter". A mercantile establishment can refuse accomodations to an individual as long as it is not based on protected classes. IOW, if, for the sake of argument, you were denied access because you were african-american, this is illegal.

    This of course is not the case.

    I would not push the request not to enter the property, or you could possibly be charged with trespass: In part:


    IC 35-43-2-2
    Criminal trespass
    Sec. 2. (a) A person who:
    (1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
    (2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent;

  7. #7
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    Mar 2008
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    Default Re: Fired For A Cell Phone Number?

    Quote Quoting cbg
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    You already have a definite answer about going back on the premises. Just because it isn't the answer you want to hear, doesn't make it wrong.

    Yes., it is legal for them to prohibit you from coming back even as a customer.

    If there is someone you don't want in your house, you don't have to let them in.

    If Blockbuster doesn't want you in their store, they don't have to let you in.
    I just wanted a second opinion, I'm sure people aren't right 100% of the time here, just like anyplace else. No, I didn't want somebody to post what I want to hear if it isn't true. But I get the point, thanks.

    As far as talking to friends at work, I assume you haven't worked retail or known anybody that works retail. Talking to somebody while at work, atleast where I live, isn't a big deal to people. Must be the only place on the planet, go figure

    Anyway, thanks for the help, I appreciate it.

  8. #8
    Join Date
    Aug 2007
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    Default Re: Fired For A Cell Phone Number?

    Quote Quoting IndyJD
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    I just wanted a second opinion, I'm sure people aren't right 100% of the time here, just like anyplace else. No, I didn't want somebody to post what I want to hear if it isn't true. But I get the point, thanks.
    No problem. People get 2nd legal opinions all the time, even 2nd medical ones. If a doctor told me I was dying, I would get a second opinion. I just would not sit around and dwindle away.


    True, no one is right all of the time (except me)!!

  9. #9
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    Jan 2008
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    Default Re: Fired For A Cell Phone Number?

    Quote Quoting IndyJD
    View Post
    As far as talking to friends at work, I assume you haven't worked retail or known anybody that works retail. Talking to somebody while at work, atleast where I live, isn't a big deal to people. Must be the only place on the planet, go figure
    Wrong assumption. Not only did I begin as a part time cashier in a single retail store, I was with the company for over 15 years - helped them add several more stores to the chain, and worked my way up to V.P. If you want to excel in retail, and have a career instead of just a job - you will not achieve your goal by spending your 'down time' chit chatting with friends. If there is time to lean there is time to clean... and those videos aren't going to re-shelve themselves. Do your friends and yourself a favor and move on to another job.

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