I work for HMS Host in Charlotte, NC. On Monday I was confronted by the loss prevention officer and suspended for 3 days for investigation of not ringing up sales. I work as a server in a small bar setting. Do I have any rights in this matter? Do they need to show me any evidence to suspend me or fire me? they never said exactly what I did, or actually said they had evidence, everything was implied. When I refused to confess to anything, that's when they suspended me. I am supposed to go back in for meeting today.
2007-03-16 03:38:36 · 11 answers · asked by jesswilkins 1 in Business & Finance ➔ Careers & Employment
During the interview, it sounded as if they were accusing me of selling pizzas (which us servers cook and box ourselves) and not ringing them up. This is something that I never do. An employee who was well known for doing that got fired last week. They accused another girl of the same thing yesterday, but she didn't get suspended. If they really had any evidence against me, wouldn't they have just fired me on the spot?
2007-03-16 04:35:29 · update #1
this is serious- they could press charges if they are saying you stole more than $150 dollars it could be a felony- contact a lawyer for advice- if you go to this meeting without consulting a lawyer it could ruin your life- felony charges will limit your future careers and overall reputation. most lawyers will at least give you some free advice over the phone.
do an internet search for free legal advice
they need to tell you exactly what you stole and give you proof that will stick in court of your deeds eg. videotapes, eyewitness, unbalanced cash register, etc.
2007-03-16 03:46:18 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I presume the loss prevention officer did some surveillance for a while before confronting you. If he has hard evidence you won't be treated with kid gloves ... you'd be in jail, or fired on the spot.
Not knowing how the bar operates, I will also presume here that the problem arose from the register not matching the drinks served count, or the average of sales you rang fell below that of other servers. Among the possible explanations include bar tending errors, you were a lousy and slow server, OR you were in fact pocketing loose change. Is there a surveillance camera?
I suggest you bring a lawyer with you Monday, a good one. If they have solid evidence perhaps he can talk them into just firing you. If they have nothing but suspicions and statistical indicators, he could scare them into paying you for all that anxiety they caused ... else sue the hell out of them.
Did you piss off the prevention officer by any chance? Like refusing to date him or something?
Good luck!
2007-03-16 11:04:56 · answer #2 · answered by McDreamy 4 · 1⤊ 0⤋
As spiffy man said, Its called the right to work act, what that means is they have the right to fire you with no reason just like you have the right to quit with no reason. Now the thing is they made a accusation and apparently they take loss prevention pretty seriously because they have hired a loss prevention employee, So they will probably be thorough with there investigation. I would suggest re iterating you work ethics and that you are a honest person, direct eye contact will be crucial during this conversation, they may still dismiss you with evidence, however you do have the right to file a formal complaint with the employment security commission, I can tell you this something they do not want to deal with, you may granted types of compensation if they cannot produce specific evidence.
2007-03-16 10:56:49 · answer #3 · answered by frosty62 4 · 1⤊ 0⤋
They certainly have a right to investigate any possible or alleged wrong-doing in their organization. This can include a suspension (which does not necessarily have negative connotations). In addition, in any at-will state, an employer can fire you whenever, for whatever reason, or no reason at all. However, there are protections related to wrongful termination. If you are terminated for a reason that is false, such as stealing when you did not steal, then you can sue your employer.
You have not mentioned whether the allegations are false or not. If they are true, then you have no recourse, unless their evidence is very flimsy. If they are false, then you should be able to stick to your story and work it out. You would need to make sure the suspension was noted in your file as investigatory and the investigation found that you were innocent of any possible wrong-doing. Your three days should be with pay. If they do decide to terminate you for this, and you have done nothing wrong, I would explain to them that they will be receiving a call from your lawyer.
Get a copy of the business policy manual and make sure they follow their predetermined investigation / suspension / termination procedure to the T.
2007-03-16 10:49:38 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Are you actually innocent? You don't say that anywhere.
I can only suggest that if they believe you've been less than honest, the easiest thing to do would be to negotiate a voluntary resignation with no charges filed. I mean, at this point, they don't trust you and will continue to watch you like a hawk if you are allowed to remain employed there.
If you're really nice, you might be able to work out being able to work for another week or two so you can line up a new job, or get a severance check. But most places that think you've been stealing will just march you out the door. I do wonder if they have any evidence or just suspicion.
2007-03-16 10:56:21 · answer #5 · answered by mattzcoz 5 · 1⤊ 0⤋
I'm not a lawyer, but I'm pretty sure they are allowed to suspend you while they investigate. This would allow them to see if anything is still happening while you are gone and allow them to check up on different factors w/o you being there. Most likely you won't be fired unless they find hard evidence that you did something or something happens again when you start back to work. If someone is trying to set you up in this, it would probably just be best to quit and find a different job than to deal with the mess of staying there and possibly being fired anyway.
2007-03-16 10:46:32 · answer #6 · answered by Smiles 3 · 0⤊ 0⤋
Of course you have rights. You have the right to have an attorney present at your meeting, for one. You have the right to see all evidence presented against you. If the company refuses to provide it, and if you sustain a loss because of their actions (loss of wages during a suspension, or termination of employment) you may have a claim.
Contact your local Department of Fair Employment and Housing (DFEH) and Department of Labor if you feel you're being victimized.
Caution - if there is ANY possibility that the company is correct and you were giving out free drinks or whatever, 'fess up and pay back what you owe. You don't want to lose if they decide to prosecute.
2007-03-16 11:00:33 · answer #7 · answered by Mel 6 · 1⤊ 0⤋
Contact the Department of Labor or the EEOC and report the company. This sounds really shady!
I would think that if you are being accused of/investigated for theft, they would provide evidence. I knew a friend that was fired for theft, but there was video evidence of the theft. They tracked the theft over a month and then approached him.
2007-03-16 11:26:13 · answer #8 · answered by LifesAMystery 3 · 0⤊ 0⤋
Unless you are working under a contract? You are most likely at their mercy. Most states have whats called at will employment this means that they can fire you at will without giving you a reason. You also have the right to quit at will without giving a reason or notice.
Once I was accused of stealing and I offered to take a lie detector test and even offered to pay for it myself. That was all my employer needed to here. They never questioned me again.
2007-03-16 10:43:44 · answer #9 · answered by ? 7 · 0⤊ 0⤋
once, they charge you or accused you, they must have proof, because it they don't have concrete evidence against you, then you can turn the tables around, that's moral damages for you, but for a brighter idea you need a lawyer to consult with your next actions
2007-03-16 10:50:12 · answer #10 · answered by PeeVeeOhh 3 · 0⤊ 0⤋