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Question

I have been suspended from work for alledgely taking something out of the hospital gift shop that I oversee. I did take the merchandise but it was with the intent of paying for it after I showed someone what the merchandise looked like or bring it back. My staff and I have done this in the past with no problem but this time it became a huge issue. Through bad judgement, I left the items on my dining room table and did not follow through as promptly as I should have. I have never stolen anything before and do not intend to do so at this time in my life. I could lose my job over this. What recourse do I have?

Submitted: 164 days and 16 hours ago.
Category: Criminal Law
Value: $30
Status: CLOSED
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Optional Information

State/Country relating to question: Michigan

Already Tried:
You are my first attempt at a legal answer.

Posted by JB Umphrey 164 days and 16 hours ago.

Info Request

Thank you for using JustAnswer! Do you have a written employment agreement or contract with your employer?

164 days and 16 hours ago.

Reply

I will be happy to supply you with any additional information. What information do you need?

Posted by JB Umphrey 164 days and 16 hours ago.

Info Request

Do you have a written employment agreement or contract with your employer?

164 days and 16 hours ago.

Reply

I have been employed with this health system for 21 years. I do not have a contract nor do I have an agreement.

Posted by JB Umphrey 164 days and 16 hours ago.

Info Request

Have they referred the matter to the police?

164 days and 15 hours ago.

Reply

No. They have not at this time and they never mentioned that they would refer the matter to the police.

 

Unfortunately, my staff and myself have done this in the past and we have always been honest about it. We have a no refund policy so sometimes when we are checking to see if the merchandise is right for someone we have taken it home, brought it back or paid for it. Always on the up and up.

 

Also because my staff purchases the gift shop items it gives us access to the vendors and we get merchandise at wholesale prices at times. This particular items (cutting boards priced at $16.95 retail were approximately $8.00 wholesale). I told the gift shop volunteer when I took the merchandise that I paid my secretary so the volunteer/s would not be upset with our discount. When I got back to my office, my secretary was not there, she had left for the day and I brought the merchandise home forgetting about not telling my secretary the next day. The volunteer then asked my secretary if I had paid and of course she at the time knew nothing about it. At some point and time my secretary asked me if I paid for the cutting boards and to be honest I don't remember this conversation but it was said that I said yes. I have no recollection of this conversation. I don't remember her asking me this question and if she did it had to be when I was passing through the office and my mind was not thinking of the cutting boards. I had and still have every intentions of paying for the merchandise that is sitting on my dining room table. She and I both were on vacations at different times recently and honestly the cutting boards slipped my mind. Even I think this whole story sounds lame but it what happened and my intent was not to take something that did not belong to me.

 

Like I said we have done this in the past, with no problem. This has been an unfortunate incident that I can't believe is happening.

Posted by JB Umphrey 164 days and 15 hours ago.

Info Request

Have you made a statement to the hospital HR or security?

164 days and 15 hours ago.

Reply

Security has not be involved but the manager of Work Life Services sat in on this meeting with my boss.

I know the Work Life Manager pretty well and we have worked together on projects. She knows my reputation. I have never in 21 years done anything intentionally that would jeopardize my job. I love the work I do with volunteers and know the value they bring to the hospital. Again, I would not intentionally put myself in a situation like stealing!

 

My most recent performance eval was excellent from my previous boss. During a hospital reorganization, I was switched to a different person to report to. Someone outside my hospital but within our health system. She knew me as a hospital acquaintance but not someone that I had ever worked with before.

 

It seems like to me this is being blown out of proportion and yes - it does sound awful and I'm starting to feel like the criminal I'm not. I understand a reprimand is in order but I don't think I should lose my job over something that was innocently done. Hindsight sure is 20-20 and at that moment I showed poor judgment.

 

What can I do to plead my case?

 

 

Posted by JB Umphrey 164 days and 15 hours ago.

Info Request

Where do things stand right now? What is the next step?

164 days and 15 hours ago.

Reply

I have been placed on three days of unpaid leave and an investigation is taking place and I will know the answer (my fate) by Friday, October 9th.

Accepted Answer

Well from the facts you describe, you are an at-will employee and are completely at their mercy. As an at-will employee, you can quit your job at any time and there's nothing the hospital can do about it. It also means that the hospital can terminate you at any time and there's nothing you can do about it. They could fire you because they didn't like the color of orange socks you wore to work one day. It is up to them to decide how they will discipline in this matter. You have no legal right to influence the investigation or contest the outcome. It know that seems to be cruel and harsh but that is the very nature of at-will employment. You serve at their will. As hard as it may be, you just have to sit tight for Friday and see what they do. If they give you a slap, that's great. If they decide to terminate, you can ask for a meeting to plead for a lesser punishment but they do not have to give you the meeting or listen to you....but they can if they want to. Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!

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Expert: JB Umphrey
Pos. Feedback: 99.2 %
Accepts: 525
Answered: 10/7/2009

Lawyer

Twelve years experience handling criminal matters.

164 days and 15 hours ago.

Reply

What do you see most likely happening in my case?

Posted by JB Umphrey 164 days and 15 hours ago.

Answer

It is so hard to predict. I would hope that it would just be a couple of days suspension and write up. But I have seen employers terminate. It truly is anyone's guess and so much depends upon the people in the room who are making the decisions.

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