A friend of mine who has been an employee at Wal-Mart for nearly 10 years (manager) was fired the other day... they claim that they have video evidence of him stealing... they refused to show him the tape... it really seems like he was done wrong. I have tried to give him some advice, but would like to see him have a consultation with someone who does employment law for a living.
Any help much appreciated.
I ask you this in all honesty... are you sure they don't have tapes of him stealing?
320
I'd rather listen to Kelch read the phone book than suffer through Thom Brennaman's attempt to make every instance on the field the most important event since the discovery of manned space flight. -westofyou
No offense to you 320, but I don't really want to get into many more specifics regarding his case than i already have.Originally Posted by Redsfan320
Suffice to say he has a young family, had kept the job for nearly 10 years with no offenses, and had every reason NOT to steal.
(And the theft they're accusing him of is just stupid... some little toys from the toy department... none of it makes sense.)
Last edited by WMR; 10-05-2010 at 04:26 PM.
I'm pretty sure Kentucky is an at-will state, meaning they could fire him at any time for any reason, as long as it's not discriminatory. They don't really technically have to prove he stole, nor does the tape have to exist. If they suspect him of stealing, or even if they don't, they can terminate him unless he had an employment agreement that designates otherwise.
But in the event he wants to pursue it, Find Law, My Employment lawyer, Lawyers.com and Legal Zoom all have resources and employment attorney references he could look at.
No, I'm not an attorney. And I know you won't take my advice on the matter even if I were. But having been involved with several employment law situations, I would say he's probably going to find there's not much of a case, at least based on the limited info you've supplied here.
EDIT: here is a place in the Cincinnati area that explains wrongful termination, but also advertises an offering for a free consult.
http://www.millerfalknerlaw.com/lawy...y-1400888.html
Last edited by Brutus; 10-05-2010 at 04:51 PM.
"No matter how good you are, you're going to lose one-third of your games. No matter how bad you are you're going to win one-third of your games. It's the other third that makes the difference." ~Tommy Lasorda
That's cool, none taken. In that case, good luck.
320
I'd rather listen to Kelch read the phone book than suffer through Thom Brennaman's attempt to make every instance on the field the most important event since the discovery of manned space flight. -westofyou
As a law enforcement patrolman for the Air Force I have seen many people that do not really need to steal, shoplift. Would you believe a one star retired General? How about a Lt Colonel? A Navy Captain? Other cops? Store employees from the cash register? Some people just believe taking from a big corporation isn't really stealing so they justify it in their minds. Others just like the rush they get by the chance they maybe caught anytime. There are many reason why people steal, do you think the crooks in Wall Street, Politicians, CEO's need to steal? They do.
But, lacking evidence or an admission of guilt, I am not judging.
If your friend is going to file for unemployment, wouldn't Wal-mart have to produce the tape as evidence? I don't see Wal-Mart taking any chances with a trumped up termination, they would have a lot of money to lose if they are caught.
He filed for unemployment today, so I guess we'll see if Wal-Mart fights it or not. Just really odd to me that they wouldn't show him the tape.
I agree on the part of your post that some of the unlikeliest people steal.... I guess all I can do is take my friend at his word.
I'm definitely too close to the situation to provide an unbiased opinion which is why I want to see what an employment lawyer has to say after he lays it all out for them (his side anyway).
Last edited by WMR; 10-05-2010 at 05:09 PM.
There are many wrongful termination cases brought in at-will states. One of the often used grounds for bringing these cases is the following:
Not Following Own Termination Procedures - Often, the employee handbook or company policy outlines a procedure that must be followed before an employee is terminated. If the employer fires an employee without following this procedure, the employee may have a claim for wrongful termination.
Another angle is:
Defamation of Character
You might be able to sue for wrongful termination if your employer intentionally defamed you to justify terminating you.
For example, if your employer falsely accuses you of stealing as an excuse to fire you, you might have a case for wrongful termination in violation of public policy.
Definitely have him talk to a lawyer. Many times wrongful termination suits are settled out of court.
Last edited by Jefferson24; 10-06-2010 at 11:38 AM.
We only live in patches. - H. G. Wells
I assume he's already gone through Wal-Mart's HR? Most large companies have internal HR functions designed to make sure that fired employees receive due process to minimize the chance of a lawsuit. There's probably a regional office he can call if he hasn't already. I would at minimum exhaust that avenue before hiring a lawyer.
Games are won on run differential -- scoring more than your opponent. Runs are runs, scored or prevented they all count the same. Worry about scoring more and allowing fewer, not which positions contribute to which side of the equation or how "consistent" you are at your current level of performance.
They won't show you the tape. Their reasoning is that you will know what camera angles they have and don't have. Not to mention it could be picked apart or reasonable doubt raised. Not everything on tape is as it seems.
I think it would be safe to say that Wal-Mart would protest his unemployment claims. In terms of treating their employees like human beings, that place is about one notch below a sweatshop.
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