He worked for a big retail corporation that is rapidly losing and bought out K-mart and now they are really losing money. So here is the situation: My husband worked base + commission and averaged about $13.00 w/ full time benefits. He's been looking for a different job but as many of you know, the market is very tight. Anyway, yesterday 7 people (including my hubby) got fired for using a discount account that was created by their boss for a list of businesses, to keep this businesses coming back to S****. This business account was approved by corporate and has been on the books for 2 years. My hubby used it (ligitimately) under 10 times and had the paperwork in the computer to prove it. They said too bad, he (along with 6 other people and his boss) should not have used it even though the corporation approved it. He argued with them that he was doing what his BOSS told him to do (my hubby questioned this account when it was first created and he was told he HAD to use it for businesses)
2007-10-27 04:54:40 · 19 answers · asked by SadToday22 3 in Politics & Government ➔ Law & Ethics
so we think is what happened is the company found a way to "clean house" by getting rid of 7-8 people who were all making minium $13.00 per hour and some up to $19.00 per hour. I think they did this to clean house and hire people in at $7.50 per hour to save people money. What do you think? My husband argued with them and they didn't dispute much of anything he was saying, they just kept saying "Sorry...". What do you think????
2007-10-27 04:56:34 · update #1
If my husband was lying how did 6 other people get fired too???????????
2007-10-27 05:02:55 · update #2
It does sound like S**** is cleaning house. It might be hard to prove, especially if the employees were not able to keep any proof. However it might be worth it to speak with an attorney. The problem is that some of the other employees may want to move on and not make the effort. All you can do is try but it is hard when you have to find another job. I'm saying hard, but not impossible.
Someone here is saying that you should warn the company that you're going to take legal action. I don't know what's wrong with people in this country that they think it makes sense to warn the opposition of an impending attack but don't warn anyone! That's like going to war and calling ahead of time to tell where your troops will be, in other words, suicide.
2007-10-27 05:01:34 · answer #1 · answered by CUrias 5 · 2⤊ 3⤋
Unless part of a union (which you didn't mention) your husband almost certainly works "at will".
That means he can be fired at any time for any reason or no reason at all.
It also means he can quit at any time for any reason or no reason at all.
So your story almost certainly doesn't matter. If the people in charger of hiring and firing don't want him any more then he won't be there.
I am sure this is not what you want to hear because it is an emotional time, but that is the legal situation you are probably dealing with.
Also, you seem to think that he and the others are entitled to twice the pay rate that the market will bear. If the company can get people to do the same job for 1/2 the pay an benefits, then why does your husband deserve to be a special case?
I'm sure that while the job and pay is very important to you and your family, it is hardly a "mission critical" job to the individual store, let alone corporate. do you go around paying double or triple the regular price for stuff you use regularly, such as food? Of course not - if you found someplace that is even 10% cheaper, you would buy from them, and the company feels the same way about labor it buys from people - why overpay for a not-very-critical component?
2007-10-27 05:07:00 · answer #2 · answered by Barry C 7 · 2⤊ 1⤋
Personally, I think what happened is the "ones" that approved the account at corporate are more than likely now gone, and to cover their butts legally, Sears had to fire anyone and everyone that used the account. This was going to be the way to keep the Feds from coming in and fining the hell out of them for illicit activities.
See, a company can fire someone for making too much money (it is called a lay-off at that point), but then what happens is that they can file unemployment and get it without issue. In stating that there was some sort of misconduct, not only can they fire the individuals, but it will be extremely hard to collect unemployment due to being fired for misconduct. This protects Sears from not only having to deal with paying out unemployment to these people, but having to explain why they were fired to begin with.
Personally, what I would do is go and speak to a lawyer. Tell the lawyer what has happened, and find out if there is any recourse that can be taken. Other than that, I don't know what you can do. Sorry for your situation. . .
2007-10-27 05:21:09 · answer #3 · answered by volleyballchick (cowards block) 7 · 1⤊ 1⤋
Hello,,the question is can your husband verify the creation of the account? if so can he verify that the others involved did the same thing as instructed. If the whole group can show that no dishonest intentions,and that corporate guidelines were in place ,then seek a lawyer that knows the legal systematics and also call the EEOC, Dept of Labor, Fed.Trade Commission,BBB,local television stations and enjoy reversing the screwing. Don't expect to get your job back ever. Settle out of court and move.
2007-10-27 05:23:03 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Who in the corporation approved the special discount code? It might have been your husband's boss in an attempt to create more sales and bonuses. In that case your husband is but a pawn. I would think it is definately related to discounts and not an attempt to reduce salaries. Especially if this was a right to work state.
While you "gut" tells you to stand and fight, I would suggest your husband go to the unemployment office and file for benefits. While the income will drop during the job search at least your husband will have the time to spend in securing a better job.
2007-10-27 05:10:45 · answer #5 · answered by neonman 7 · 1⤊ 1⤋
Without documentation, you have no case. By documenting, I mean writing down dates and times when he dealt with his boss on this issue. If he thought the account was fishy, he should have said something to someone higher than his boss. I have to say this whole business sounds like a crock and your hubby was in cahoots with his boss to embezzle.
2007-10-27 05:05:45 · answer #6 · answered by Anonymous · 1⤊ 1⤋
If he quits he can no longer record for unemployment. If he starts getting unfavorable factors and gets fired he can record for unemployment. the corporation might attraction it and the state moderator will might desire to settle on. I wouldnt complication lots with regards to the paintings reference when you consider that a manufacturing unit activity is unlikely help with a actual belongings activity.
2016-10-14 05:03:30 · answer #7 · answered by ? 4 · 0⤊ 0⤋
In my time, I have been fired because I am competent, which makes me a threat to upper management. Upper management lacks a back bone and prefers to lie than to tell the truth. Corporate America lacks a conscience. The managers are devious and lazy. They make me sick. Move on and be prepared the next time.
2007-10-27 05:16:01 · answer #8 · answered by Anonymous · 1⤊ 2⤋
Yep, If what you said is all true your husband has been shafted. He has been fired for nothing more than pure Corporate GREED. See a lawyer now along with the other people involved. If your Husband wont go along to a lawyer he is lying to you and is probably a crook.
2007-10-27 05:06:41 · answer #9 · answered by Jason T 2 · 2⤊ 3⤋
I think it sounds like a very elaborate story told by your husband to justify some "shady" business that he was conducting and got discovered and was rightfully terminated.
Think about it....when corporate America wants to downsize one or two people or even one or two thousand people, like Bank of America just did....they do it....it's the best excuse in the world.....we layed you off because our business is failing and you cost too much to keep on.
Sorry...but your hubby is blowing smoke up your dress.
2007-10-27 05:01:00 · answer #10 · answered by malter 5 · 4⤊ 3⤋