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Wrongfully terminated from coffee shop. Desperate!
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LiveGuy1
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PostPosted: Mon Apr 14, 2008 11:05 am    Post subject: Wrongfully terminated from coffee shop. Desperate! Reply with quote

California Resident

Hi All. Well heres my story. I'm 20, and I worked at a starbucks for a year until a month ago. We had just gotten a new manager in place of our old one about 1 month before I was (wrongfully) terminated.

When I was hired there, I was brought up, like everyone else was, to give discounts to regular customers by the former manager. It was brilliant and everything was fine in the store until the new manager showed up. She tells us all not to give discounts out anymore and expects my co-workers and I to instantly adjust to her new rule.

Well, to make a long story short, my co-workers continued to give out discounts, and they then received written warnings from the new manager on the subject (I don't find out that they received write ups until after I was terminated).

When I gave a $0.50 discount to a regular customer, and she sees the receipt that I left on the register, she tells me she would like to speak to me after work. I couldn't stay, so she tells me to come back another day. I show up a couple days later, and she doesn't show up. Instead she has the district manager come in there and pick up some papers that she (the manager) left for him (the District Manager), and while the DM was making the trip, has the DM hand me my termination check. Really despicable.

Not only did I NOT receive a write up for this "infraction", but I never did anything wrong. I personally bought this customers meal with my own money (I overcharged him on a previous transaction), and gave myself the discount. There is nothing wrong with doing that. As a matter of fact, it was discussed in a meeting, and referred to as "going the extra mile". She prints the receipt out and makes it seem like I was giving things away (even though it was only FIFTY CENTS) and fires me.

I honestly feel I was wrongfully terminated. The only reasons I haven't yet filed is because I had some money saved up, I've been looking for a job (every few days with no luck yet) and I'm scared I'll be denied. I simply can't be denied. I can't continue anymore without some sort of supplemental income until I can find work.

I feel I don't have much of a chance because of the way things look/sound and the fact that I'm 20 and was only working part time at a coffee shop...even though it was for a full year. I have no idea how to present my case. Plus, they will probably want me to simply get a job because I'm so young, but I've come to find it isn't so simple.

Please...any help would be appreciated for filing my claim in my situation. I have many bills to pay and rent for my family, and no clue on how to present my case. I'll answer any questions quickly.

Thank you all in advance.

NOTE: the only single write up I ever received was for being late. That was issued by the previous manager.

EDIT: I should add that she noticeably had it out for me. She would have me do the harder daily tasks, and add things to them that were ridiculous.

For example, detail clean the windows (we had huge windows..required you to stand at the top of the ladder and reach up) like a professional with a squeegee and all (inside and out...your only supposed to do one side for that day), and on top of that, clean the outside pilers of the building (other businesses share these pilers) in one day. This would take hours, and isn't something for a barista to be doing...not all day or all at once anyway.

I was supposed to brew coffee, not be the cleaning man. She should've been doing that stuff herself, or spread it out evenly amongst us...or even called HR to have this stuff done.

My co-workers also expressed their feelings and even approached her about it.If I acted displeased, she would try to provoke me to act on my feelings giving her a reason to do something. BUT I'm pretty sure you all could tell she had it out for me though...firing me over 50 cents.

Sorry for rambling, thought I should add it though.
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lexa10881
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PostPosted: Wed Apr 16, 2008 4:58 am    Post subject: Reply with quote

Sounds like this manager definitely had it in for you. I cannot believe they fired you over 50 cents! What you might do is get some people from work who can back up your claims that this boss had it in for you, and that this was standard practice to treat your customers and nothing unusual was occurring. It is not a bad idea either to see if there is something formal in your employment contract that says they must follow certain steps, such as verbal warnings and write ups before you can be fired.

http://www.cvtips.com/lay_off_advice.html
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LiveGuy1
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PostPosted: Wed Apr 16, 2008 5:43 am    Post subject: Reply with quote

[quote="lexa10881"]Sounds like this manager definitely had it in for you. I cannot believe they fired you over 50 cents!

I know Im still in shock. Especially because I really was a good employee.

lexa10881 wrote:
What you might do is get some people from work who can back up your claims that this boss had it in for you, and that this was standard practice to treat your customers and nothing unusual was occurring.


Thats a good idea, but I know she would have it out for them if they did something like that. Is there somewhere on the form that I can list their names? Do I write all this in somewhere on the form? Or would I only need a statement from them if I need to go to court?

lexa10881 wrote:
It is not a bad idea either to see if there is something formal in your employment contract that says they must follow certain steps, such as verbal warnings and write ups before you can be fired.


Sorry, I'm pretty ignorant, would I simply obtain that information from a co worker?

Heres something else you might enjoy. I opened the store everyday at 5:45 in the morning. Now, I have no car, so I took the bus. I wasn't late too often either. Maybe four times a month and only about 10 minutes late at that. The store would still open on time.

So, one day I open with her, and shes about 15 minutes late. When we walk in and settle down, I notice that she hadn't fixed my clock in time yet because I was on time, and waiting for her for those 15 minutes at 5:45 in the morning. I was not for my health.

She gives me, what I believe to have been, a big load of crap that I don't get paid when a supervisor is late and I need to wait. So, I ask her, "If someone were to be an hour late on my opening shift, I am not entitled to be paid for that?" She replies, "Nope." Then I ask, "So, if a supervisor is here on time, and I'm late, do they still get paid?" She replies. " Well, no one is supposed to be in the store by themselves." Funny thing is, she would routinely leave me in the store alone at 7:00AM, go on her 30 minute - 10 minute break, and be god knows where. All While I was dealing with a morning rush. Happened alllllll the time.

My supervisors and old manager would always change my clock in time with NO PROBLEM. As a matter of fact, I would never need to ask, and they would apologize.

It then happened again, and I told her I want my time changed, and I wanted the money I was entitled to. She then says "I'm 98% sure that I can't do that, and that those are the rules" COME ON. What type of response is that from a manager.

I never reported her because no one would back me up. They all wanted to because they were feed up with her from day one (no exaggeration), but were/are afraid.

Since I've been gone, the store has gone from an A grade in the window, down to a B. Yet, she still has her job. Life really isn't far sometimes lol.

Thanks again!
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Randy
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PostPosted: Sun Apr 20, 2008 8:42 am    Post subject: Reply with quote

quote="LiveGuy1"

What type of response is that from a manager.

Typical.

You already know this, from your experience there if nothing else, but there are exactly three--and only three--things you must master to survive working in this country:

Compromise
Conformity
Capitulation

If you're ever a manager, you need add three more:

Kissing ass
Delegating work
Covering your ass

And that's it broken down to it's most basic elements and put into language that most folks find offensive. And I'm sorry for that. But what's really offensive is that this is the reality of the thing. Oh well.....

You've also learned another great truth about working and exploitation (that's what employment has become, you know) in this country:

they were feed up with her from day one (no exaggeration), but were/are afraid.

Everyone is afraid! Afraid of losing their jobs, afraid of nameless and faceless terrorists, afraid of strangers walking down the street, afraid the planet is dying out from under us, afraid that meteors are going to wipe us out, afraid they're going to take our guns, afraid they're going to take away the right to an abortion.....It's all about fear in this country.

Since I've been gone, the store has gone from an A grade in the window, down to a B. Yet, she still has her job.

Yep, and before you know it, she'll be a district manager or whatever they're called in your part of the world.

You see, you sound very much like me and most other people who still have their hearts and souls intact, those who refuse to make a deal with the devil for the sake of a few bucks in a bank account. You care more about people and doing the right thing rather than what she's doing, which is what she knows she had damned well better do if she is to keep her job and keep moving up. She's "increasing sales" and "cutting labor costs". As long as she keeps doing that, "they" (her bosses, the "corporation") doesn't give one damn or two rats' asses about you or anyone else, period, end of dicscussion.

Life really isn't far sometimes lol.

It's a given what you mean, but the more subtle truth is this: Life is indeed perfectly fair. It's people, especially in employment situations, that aren't "fair". Again, that's because it's no longer about "people" but rather that we've been reduced to "human resources". But no one seems to care, now do they?

I hate to be the bearer of bad news, but unless things are drastically different in California than here in Virginia, she's got you on nothing more than "insubordination". Clearly the managers have discretion to set at least some of the policies in the stores. She set her's and you and the others didn't follow it.

Something else--something better--will come your way. It always does. That thing you called "life" has a way of being there in time of need for people like you, people who, again, care more about doing the "right" thing rather than playing capricious and arbirtrary, and thoroughly stupid, corporate games.

Cut your losses on this one and don't look back and know this: She, and all others like her, always, always, always get what's coming to them. The only thing I don't like is that they're always too obtuse to put the pieces together to figure out that the hard times they have to endure are the results of their choices and actions.

You and your family will be fine.
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Theresa
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PostPosted: Sat May 31, 2008 3:28 am    Post subject: It's not fair. Reply with quote

It sounds like you were a good employee and you just need to move on. I know it sound trite and all, but it happens to the best of us.

I had never gotten fired from a job before and now I've been fired from three jobs in a row. I just recently got fired yesterday for not meeting my sales goals at a retail store. Pretty much same situation, new managers come in and they decide they want to "clean" house.

It wont hurt to file for unemployment. If the company contests it, and you are denied benefits, you have the right to appeal that decision. I'm going through it right now and it sucks, but it is what it is.

Also a side note: If your manager fired you for the same thing she only wrote others up for you may have a case for unfair treatment.
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dk138
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PostPosted: Sun Jul 27, 2008 4:05 pm    Post subject: Reply with quote

File for unemployment now!. If you are denied, appeal! You will win based on the fact you were never given a write up and if you never signed anything stating the facts of the rule, then no wrong doing on your part. If you received an employ handbook and this rule is in the employ handbook, its another story and could swing either way.


Well thinking about it more. If this rule did not end up costing other employees their jobs for the first offense, then you have a case of discrimination. If they were written up and you were terminated for the first offense, then yes, you were discriminated.
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