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Dispute of Corrective Action Report by Lowe's Now, I'm no…

Dispute of Corrective Action Report...
Dispute of Corrective Action Report by Lowe's
Now, I'm no longer with Lowe's (store #12) as of 10/30/2017 I was terminated due to a: Class A safety violation. This corrective action report stated wrongfully written descriptions of the event. Further from the truth. What happened? I asked an employee in receiving if she (Misty) could use the fork truck to bring down a pallet of cabinets? She seemed very inconvenienced to the question mumbling out loud how tired she is of people asking her to do things. I blocked off the isle with scissor blockers (ground level expanding). As I was talking to the customer on the outside of the blocker three bays away, I must have stepped one of my feet passed the blocker when I heard a loud yell from Misty stating I'm in the isle (by one of my feet) and she had enough of this crap, got off the fork truck and headed straight to HR to write me up. I was then called to sit with LP to write up my version of what happened, I did admit I must have stepped one foot past the barrier. I didn't think I was in violation. The corrective statement listed me lifting an isle blocker to bring the customer with me into the zone. This is not the truth! There wasn't that type of isle blocker to do that. And I didn't bring the customer into that zone, I merely stepped (one step) to far to view a cabinet size that was located there just out of confirming the item number for the customer. My statement doesn't match the report. Is there video footage of this or just made up to make an example? This is not right.
I'm the second person she recently got fired over such a small issue. In all the years at Lowe's, I have gone by the book and feel I'm an outstanding employee as I do whatever is asked of me and feel that being fired over a non threatening issue was overboard. No write-up warning. In the last 4-6 weeks, an employee had their foot run over by a fork truck and another employee that just walked through the entire blocked area and both still have their jobs. Is there more to this? Is there someone in management that wants to put someone into my position as a kitchen designer? I have had people ask if I like working here and the answer has always been the same, Yes! You may contact Kevin Keubler in the cabinet department or anyone in the flooring department if wanting to really know more about my work ethics.
I'm still mentally and physically capable of performing my duties with accurate precision and have another good ten years to work. I had no intentions on ever leaving Lowe's this early.
With this type of termination, I probably will not qualify for unemployment? Is there anything I can do to gain at least unemployment?
Sorry for the long letter,
Ronny Thomas
Lowe's of Lafayette, IN (store #12)
Sales ID #193601(###) ###-####**@******.***
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Answered in 19 minutes by:
11/7/2017
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,785
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under Indiana law, unless you had a written contract for employment, your employment is deemed at will and that means the employer can terminate you for no good cause or for any cause other than being based ONLY on your age/race/sex/disability/national origin. In order to qualify for unemployment, you would need to prove the conduct you were terminated for was not significant misconduct and you need to argue that one foot in the aisle is not significant worth termination.

As far as her making false claims against you, that is something you could sue her for if you have proof her statement was known false at the time she made it and as such you lost income. However, you need to present evidence her statement was known false when she made it and that would mean likely subpoenaing the video to try to show that she lied.

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Customer reply replied 8 months ago
Sounds expensive to hire an attorney to pursue a subpoena for the proof of either the employee or Lowe's modifying the outcome. Thanks for your input on this matter, Ron Thomas

Thank you for your reply.

You have a common misconception. See, you get the attorney for the unemployment appeal. The attorneys who handle unemployment appeals know their clients are short on money, heck they just became unemployed, so they do not take money up front and generally charge 20%-25% of what they win for you in benefits. IF they do not win, you do not have to pay them.

As a part of the unemployment case they will get the video if it exists to prove your case. Once they do, then you can use that video to sue the employee as well.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Employment Law Question
Customer reply replied 8 months ago
Thank you for the information I was seeking. I will refer you to any friends or family that may need legal assistance, Ron Thomas

Thank you for your reply.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,785
Experience: 20+ Years of Employment Law Experience
Verified
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