I need LEGAL advice! ( Long Post )

[mellowboy]

Reason

Ok so I got terminated from my job for giving "unauthorized" discounts to customers. I worked at Office Max and they have this recycled ink cartridge program where you get 3 dollars off each cartridge. The most inks you can bring is 5 cartridges. So thats 15 dollars off of any purchase. Ok so I'm a sales associate, and one of the top salesperson there. Whenever I make huge sales on like computers, printers, pda's etc...and then I offer extended warranties right? So if they don't want to pay for the warranty, then I offer them the discount. So I take the scan sheet for the recycled ink and give them the dicount. I seriously didn't think its a big deal. I haven't developed a habit of doing that all the time. I'd say approximately 10 times? Maybe a little bit more? It was stupid I know. I'm a student and I work with Office Max part time. So losing the job is not a big deal to me BUT getting fired on fraud is a huge concern for me. It'll be harder for me to get another job if they put my information out whenever I apply for another job.


Questioning

So my training store manager and the loss prevention officer called me in the office. The LP officer was first telling me who he is and what he did before he worked for Office Max. He was a interragator and a cop. He was giving me a story saying that whenever he pulls people over and asks them if they knew why they got pulled over, they're usually honest about it. So he lets them go supposedly. He said he appreciates honesty and he's always looking for honesty. So i already know where hes going with this. So he asks me that he wants me to be honest with me. I said ok what is it? He asked me if I ever took any loss to the company. I said no I dont think so. I never took anything. He asked me what I told my logistics manager earlier this month. I asked my logistics manager if giving discounts on recycled ink even though the customers didn't bring ink was wrong? My logistics manager said yes man but don't do it again. So I didn't but yet the LP officer says I have and he's giving me another oppurtunity to be honest with him. I told him I haven't. Then my store manager says sometimes when you develop a habit, you sometimes don't realize what you're doing. I was like sure ok? I told him maybe I did but I definitely took inks in return. I just never put them back in the recycled box.


Unfair advantage

So the LP officer said I was being honest. He told me when he calls Human Resources they're goin to ask him if I was being cooperative. Which I was. Then maybe I can keep my job but the decision is with Human Resources. So they made sign a statement admitting to what I did was wrong and saying I was being cooperative. They also told me to write down that i was writing the statement on my 'free will.' They want me to put there words on there basically. I didn't know my rights whatsoever. I was so stupid. I should've never signed the statement. They tell me that they have to suspend me until further notice. So the next day they terminated me.


So is there anything I can do to take legal action? I know I signed the papers but I swear I did not what I was getting into. They made me feel comfortable and thinking that nothing is going to happen. They try to make me snitch on someone and really didn't have anything to say about anyone. I hope I made sense. This is the first time this happened to me at work. The training store manager is only at the store I work with temporarily. My store manager at the time was on vacation. So within 4 weeks, they fired 3 of my friends. I just find this very odd.

I also have witnessess saying that some of my supervisors said some racial comments about Muslim people. I however was not at present but the witness did notify me about it but I didn't know I could do anything about it. I might have another witness in how they can't terminate me because whatever proof they showed me wasn't proof at all. They showed me the data sheet keeping track on my register on Microsoft Excel. Can't you edit that? They say I did 77 transactions with discounts and it all added up 1660 dollars. I hope I can find me a good lawyer in Arizona man. I feel so crappy.

[2.2 Straight six]

are you saying you gave those customers a discount, even though they hadn't brought in any cartridges to recycle?

[mellowboy]

Originally Posted by 2.2 Straight six

are you saying you gave those customers a discount, even though they hadn't brought in any cartridges to recycle?

Yeah. I have. I even told my manager about it like 3 weeks ago. The reason I did that is because we've been told to do whatever it takes to make a sale. So hey I figured this would be ok until my manager told me not to do it again.

[2.2 Straight six]

well that's your problem right here. (no offence)

looks like they've got you backed into a corner. i wouldn't fight them about it, keep quiet. if you try to take action against them, they'll bring up what they've got on you and you'll be worse off.

leave gracefully, get another job, keep quiet about it all.

[Toksin]

Sounds like a bunch of pricks, basically.

One of my bosses back in the day congratulated me for giving a customer discount on a sale, cos the guy kept coming back and buying heaps of stuff off us.

Just leave it, not much you can do bro. You've signed a document, just get another job. It's only part time income while you're a student anyway. Get something better

[ericn1300]

I don't think you'll have to worry about their putting the info out. Most corporations are so afraid of lawsuits that if called for references all they can say is to confirm thhe dates that you worked and no other info, good or bad, will be given out.

companys have been sued in the past for giving out wrong info, both by past employees and new employers so the policy at most is no info other than "yes he worked here for the period of time stated" and if you do find out that your former boss violated this policy call the human resouces and get him fired.

[dave92cherokee]

Another thing that you might need to find out is if Illinois is a hire at will state. If it is then there's nothing you can do about it as they can fire you for any reason and if you try to take legal action then they will say they fired you for some other reason. If it's not a hire at will state then best thing to do is just keep quiet about it, blow it off, and get a new job. As people have said when a new prospective employer calls them all they can say is yes so and so worked for us from this date to this date, they can't say whether you quit or were fired or for what reasons just dates only. But if you do find out that they're giving you a bad rep then you can definately sue them for defamation of character. And if I'm reading this right you work at office max and were giving ink discounts to those that didn't deserve them just to make a sale that was already made because the person was already going to buy the product so no offense but honestly you were at fault because you knew what you were doing was wrong. No offense man but management is retarded most of the time so you have to make your own decisions.

[jcsaleen]

Originally Posted by Toksin

Sounds like a bunch of pricks, basically.

Just leave it, not much you can do bro. You've signed a document, just get another job. It's only part time income while you're a student anyway. Get something better

I agree, Same thing happened to me. You never sign statements and that's what I did too because I didn't know. Now I'm doing waiting & Valet with nice cars (Ferrari's & Porsches ) which is 10x better money then my stupid Eckerd job I'm so glad I'm gone from that hole. Trust me sales suck and a waste so much time. You can make so much more money doing a lot less work as long as your 18 or over and a student your set.

I love going in to buy something and just smurking at the manager knowing I probably make more in one night then his fatass makes in 2 week lmao.

[mellowboy]

Originally Posted by dave92cherokee

Another thing that you might need to find out is if Illinois is a hire at will state. If it is then there's nothing you can do about it as they can fire you for any reason and if you try to take legal action then they will say they fired you for some other reason.

I'm not in Chicago anymore. I live in Arizona. They have this "right to work" law. I know its my fault. They can call Office Max to verify if I worked there or not but I heard that Office Max can send my report to consumers or something and the my job can check my record with them. This is from what I've heard.

This sucks not knowing all your rights. I didn't know that I didn't have to sign the papers. Also they told me that I owe them $77 dollars. I even put that in my statement. They were telling me that I have to pay within two days. Which I know I don't have to. They're not going to take me to court for that. It's not worth it for them because since its a corp, they have to find there own lawyer which going to cost them anywhere between 10-15 grand.

It's just a job I know, I'm just worried that it's going to affect my future with other employers.

[MagicRat]

If you are a student, do not worry about it. Most students go through several jobs while in school. Future employers often do not take such work experience too seriously because usually its low wage retail work and usually is not relevant to the students education or future career.

Former employers very rarely outright say anything bad about a past employee, especially for minor stuff like this. It opens them to a lawsuit when there is nothing in it for them.

Realistically, you are not really at fault, if you did not know you were doing a bad thing. Technically, your manager / supervisor is at fault. Perhaps he knew it and just hung you out to dry.

Go out and get another job. If you have to refer to this job, stress your sales and customer accomplishments and not the reason for your termination.

[BNaylor]

Originally Posted by mellowboy

I'm not in Chicago anymore. I live in Arizona. They have this "right to work" law. I know its my fault.

Arizona's "Right to Work" law has no bearing on your case or situation. All a "Right to Work" law guarantees that no person can be compelled, as a condition of employment, to join or not to join, or to pay dues to a labor union.

Now Arizona like many other states employs the doctrine of the "at will" employment relationship unless you are under a written employment contract with specific terms. What that means is "at-will" employees may be terminated for any reason by the employer, so long as it's not illegal or deemed wrongful termination or you can quit the job for any reason.

Any previous employer is free to provide any non-confidential information about a previous employee, as long as it's true and isn't provided to maliciously harm the employee. If an employer provides false information that disparages the employee they may be liable for defamation. However, typically many employers often refuse to comment on a past employee's job performance and confirm only dates of hire and separation, plus wage or salary information to avoid any possible liability or a lawsuit.

If the employer claims you owe money for any loss due to your actions then the best thing to do, in good faith, is pay it as soon as possible and get on with your life.

[Right_LiRrr]

I can tell you right now that no Judge with a clean conscience will admit the signed statement into evidence if it were to go to trial.

". So they made sign a statement admitting to what I did was wrong and saying I was being cooperative. They also told me to write down that i was writing the statement on my 'free will.' They want me to put there words on there basically. I didn't know my rights whatsoever. I was so stupid. I should've never signed the statement."


That right there yells at me COERCION.

From my limited experience, matters like these usually get sorted out with you not losing and not winning. The usual storyline is that this will be the end of it. If they want money from you for "stealing", then you find a lawyer, they write a letter giving some very brief arguments you guys would raise if it were to go to trial, and you assure them it will go to trial. They will then withdraw their statement of claim, and that will be the end of it.

Oh and whatever "witness" heard what is rubbish. Hearsay is not admissable as evidence except under certain circumstances and yours isn't one.

As others have said, don't worry about it. You're still young, you're not supporting 2.5 kids. It sounds to me like they wanted to fire you and finally found an excuse. Racially motivated, perhaps, but as you grow up you'll be faced with a lot of prejudice. Learn to pick your fights. This isn't one.

If you look at the basics of it, did you do something wrong. Yes. Was it serious? No. But hey, althouthg a cop is meant to let you go for doing 51 in a 50 zone, technically, you still broke the law. It's just bad luck.


Oh and btw, if they write to claim money from you, if it's not serious and you can't afford a lawyer, always respond with a letter and keep a copy. Just state why you don't think you owe them money and that if they don't agree they should take it to court. Never ignore it as it does not look favourably on you if it should go to trial.