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I worked for Abercrombie and fitch as a District manager. I…

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I worked for Abercrombie and...
I worked for Abercrombie and fitch as a District manager. I was terminated after beeing placed on performance goals. listed there were 3 expectations that were listed as expectations not met.
1. Business requirements. Recruiting and hiring management. Keeping a negative open to buy(having less than maximum 20 manager headcount). in the formal document it states that I had a -3 or -4 headcount in the months of November and December. Listed it also has that i did not regularly have interviews that met image qualifications. In addition there were also notations of having a "cast-of" approved. this is a process that helps the company keep track of the quality of image being hired into each store. i submitted 76 total photos. and only had 50% approved (as acceptable hires) of 25 male and 25 female. FYI i had by application rate the highest number of Hispanic applicants. so of the hired person primarily i hired Hispanic photos that were submitted were Hispanic, African American, Asian and white.

2. Accountability. Documentation of managers that are under performing. Recruiting is listed in this category as well. The store in question has had problems recruiting management candidates for the past 4 years(before i was a District manager.

3.Execution. It states that I was BELOW company average. it states i had a 69.4(out of a total 100) I actually had a 72.8. included in this category is loss prevention. It states that i have a district wide loss of 7.06% (this is high) however i have significant drops in the loss since i have taken over the stores. with the last cycle I had a drop that was among the highest in California ( a target shrink area).

At the time of the performance goals. I was delivered a annual review. within the review there are several points listed were not accurate. (company auto imputed based on formal company tracking).

Does any one feel that I have a case??
Submitted: 8 years ago.Category: Employment Law
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Answered in 7 minutes by:
6/25/2010
Employment Lawyer: AttorneyTom, Lawyer replied 8 years ago
AttorneyTom
AttorneyTom, Lawyer
Category: Employment Law
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­Please click Accept so that I will receive credit for my time and effort spent responding to your question.


Thank you for your question.


California recognizes all three exceptions to at-will employment, making it a fairly favorable state for employees. Of course, if an employee has a contract, the employer must also abide by the employee's contract and act in good faith regarding the terms of that contract. However, California also requires that employers act in good faith toward employees in at-will relationships and California courts will sometimes enforce company policies as if those policies were contracts.

Therefore, if your attorney can show that the company doctored the numbers to make you appear that you were underperforming, that could provide you with recourse. Further, an employer cannot require a manager to engage in unlawful discrimination with hiring practices. If a company has an appearance policy that could constitute unlawful discrimination, firing a supervisor for failing to meet that policy would be contrary to public policy and could provide a manager with legal recourse as well.

Accordingly, you're going to want to immediately show to your attorney the documentation of the review, the employer's policies, and any contract you may have had so that your attorney can evaluate the details of the situation to help you choose your course of action.


While I can control the quality of an answer, my control over the content of an answer is restrained by the truth. Please do not shoot the messenger.


Please remember to click Accept and leave Positive Feedback so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does not close the question and you are still welcome to ask follow-up questions if you need clarification.


Sincerely,

T-USA


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