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RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 13893
Experience:  Experienced in multiple areas of the law.
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I had been working for footlocker for over 2 years as a

Customer Question

My name is ***** ***** I had been working for footlocker for over 2 years as a cashier. I was terminated for canceling my own layaway and removing my own mine that I had put down for the layaway out the register. I admitted I made a mistake and I take full responsibility for it. Now all of my managers and direct manager of my store agree that termination shouldn't have been the decision. They known me as a outstanding employee, who loved the job I was doing. I followed up with a previous manager i had from the company who told contact fep so they can open the case and revise it. What do you recommend and what do you think about the situation?
Submitted: 1 year ago.
Category: Employment Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. My name is ***** ***** I look forward to helping you.

Can you clarify, what is FEP? Is that corporate?

Customer: replied 1 year ago.
FEP stands for their fair employment program. You could consider it that.
Customer: replied 1 year ago.
Manage the Fair Employment Practice (FEP) Department to:
- Ensure company compliance with US Federal and State employment law.
- Encourage and facilitate FEP team members to realise their full potential.
- Advise US Executives and Managers on complex employee relations matters.
- Coach and train US Managers on key issues such as Sexual Harassment and Rightful Discharge.
- Provide a known avenue for concerns to be reported, thoroughly investigated and resolved.
- Reduce legal and financial liability.The FEP Department provides Employment Relations support to Foot Locker US Executives, District Managers, Store Managers and Employees across 2,500 stores (Champs, Footaction, Foot Locker, Kids Foot Locker, Lady Foot Locker, SIX:02, Flight 23, House of Hoops). This equates to approximately 20,000 employees.
Expert:  RobertJDFL replied 1 year ago.

Thank you for your reply.

The main issue is that in the absence of an employment contract or union agreement, you are considered an at will employee. This means that you can be terminated at any time, with or without cause, so long as you are terminated for an unlawful reason (e.g., you cannot be terminated because of your race, religion, age (if over 40), sex, disability or national origin). It doesn't sound like from these limited facts that this was the case. Basically, an at will employee can be terminated for a minor error, or just because it's raining out. Absolutely no reason is required. So, the termination doesn't appear unlawful.

FEP sounds like its focus is more on making sure employers follow the law -no sexual harassment, no discrimination and so forth. Not sure how much help they would be. That said, if you have the support of a manager or managers at your store, and they are willing to take you back, or speak to FEP on your behalf, then I think this is something you need to take up with them. In other words, this isn't so much a legal issue, because the termination doesn't appear to violate the law --it ultimately is up to the store management you were working for to decide whether they will take you back.

I realize this isn't necessarily what you want to hear --but understand that it would be unfair to you and unethical of me to tell you less than the truth.

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If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

Expert:  RobertJDFL replied 1 year ago.

Was there anything I could clarify for you or additional information you needed?