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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: California Employment Law
Satisfied Customers: 17447
Experience:  B.A.; M.B.A.; J.D.
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I was a night supervisor and I was suspended,then fired,(by

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I was a night supervisor and I was suspended,then fired,(by voicemail,saying I "needed to come pick my check up") for 1)."accessing personal records" which I told was untrue.The Ipad I was told was for everyone had timecards opened already,because all I did was swip the unlock option.The same manager that told me about the Ipad is the same manager that has told me to add up timecards and fax over to payroll numerous times but I would start to add the ones that work hours were already calculated.Then I wold never complete it because I was unsure and did not want to make any mistakes.I would leave it for that manager.The main manger has told me a few times to make sure an employee put down the correct time they left, if they returned late from lunch or left early, and to inform her of what put down and to put the time if it was blank. I was also fired for 2)."Altering a day I was not working" which I explained was an honest mistake because I'm there 6 days a week and the whole time employed I very rarely call in sick.Also when anyone is late,calls in and leaves early there is a calender my 2 managers and myself use to keep record.But no one kept record of my call in.I work schedule was from 12:30pm to 8:30pm but I always clock in a few min early and always clock out way past 8:30. But on the day I wasn't sure of,I put exactly 12:30pm to 8:30pm. On my paper timecard I realized I did call in sick,I still was unsure of the exact day but I did leave one blank. One of my managers has been "altering" timecards since I started working December 2nd,2013. Other employess warned me of this because times clocked in and out where covered with correction tape and a different time was inputted while they were not present and was noticed when told to sign their timecards so they can be faxed to payroll. There were a number of times I worked with no lunch because we were to busy or not enough staff,so I would either put no lunch or a line straight through. And when timedcards were being faxed my manager would call me in to ask why I had no taken lunch and when I would tell her,she would tell me that "they" (I don't know who she was talking about) will get introuble. I was a very hard working employee at that company,I became night supervisor and manager of the furniture department before I was there a year,I was also a "back up" for all other areas. I came up with very helpful sales promotions,one which benefited not only store sales but gave back to our community. And this was used in the other 9 or 10 stores.And I did that all because I love that job. I tried to explain that I made a huge mistake but the main manager told me, "No,you didnt make a mistake." Also a friend I haven't seen in a few months knew of my employment there,and when they purchased a large piece of furniture that needed to be carried out by an employee,they asked where I was? And this employee that was hired after me told them that I was fired on my day off and when this friend told me they knew that I was embarrassed so that was the end of the conversation.I got my work ethics from my father who served in the military 30+ years and the first job after the military was his last job and he stopped working less than a month before he passed away from cancer. I felt like this might have been the one and only job for me because of my advancement in less than a year. I also love to see my check stub and know that I worked for whatever amount I received. I feel something is not right about my whole situation but I don't know if its just hurt emotions.So, I THANK YOU in advance for the time that you take to read my situation.I apologize if this was a waste of time.
Thank you again,
Victoria Meno
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Phillips Esq. replied 1 year ago.

Hello Victoria:

No, this is not a waste of my time. I commend you for your hard work and for now trying to get your job back. However and quite regrettably, if you are an employee at will, your employer can terminate you for any reason or for no reason at all so long as the reason for the termination is not any one of the prohibited grounds of race, age (40 and over), gender, nationality or the like. However, if the reason for your termination is false, then you can challenge it. You can file lawsuit for wrongful termination. Unfortunately, based on the information that you have provided here, I do not see any recourse for you since you have admitted making a mistake as to whether you claimed the hours that you did not work.

I am sorry that I do not have better news for you.

Best wishes,

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