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    ylaira's Avatar
    ylaira Posts: 1,193, Reputation: 118
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    #1

    Dec 30, 2008, 06:02 PM
    Is it right to get fired because of an exaggerated complaint
    My guy worked at a famous pizza parlor and there was this cust who turned her lights off at the time of delivery. He had a hard time finding the place and handling the pizza's, he told the cust that it would be very helpful to the driver if they will turn their lights on when waiting for a delivery. Cust gave $3 tip, without saying a word. Moments later, call center gave a feedback on their store complaining that my Bf made the cust cry because he's rude. Next day, the area and branch manager fired him. This is the first time someone called a complaint about him for 15 months that he's there.

    Is it right to get fired because of an exaggerated complaint for the first time w/o investigation? What should my BF do?


    He lives in Ohio.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 30, 2008, 07:03 PM

    Right, probably not. Legal, yes.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jan 2, 2009, 07:35 AM
    Quote Originally Posted by ylaira View Post
    My guy worked at a famous pizza parlor and there was this cust who turned her lights off at the time of delivery. He had a hard time finding the place and handling the pizza's, he told the cust that it would be very helpful to the driver if they will turn their lights on when waiting for a delivery. Cust gave $3 tip, without saying a word. Moments later, call center gave a feedback on their store complaining that my Bf made the cust cry because he's rude. Next day, the area and branch manager fired him. This is the first time someone called a complaint about him for 15 months that he's there.

    Is it right to get fired because of an exagerrated complaint for the first time w/o investigation? What should my BF do?


    He lives in Ohio.


    As Scott said - maybe not right but it is legal.

    I see no legal action here - it's employment at will and you can be terminated for anything if you don't have an employment contract or don't belong to a union.
    ylaira's Avatar
    ylaira Posts: 1,193, Reputation: 118
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    #4

    Jan 5, 2009, 02:40 PM

    Oh I see. I know that the company doesn't have a union but I'm not sure if he has a contract. He worked there part time. Thank you for your input. He already contacted his lawyerand the case and the case is ongoing
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 5, 2009, 04:00 PM
    Quote Originally Posted by ylaira View Post
    Oh I see. I know that the company doesnt have a union but I'm not sure if he has a contract. He worked there part time. Thank you for your input. He already contacted his lawyerand the case and the case is ongoing


    Please come back and let us know what the Lawyer does, how it works out.
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #6

    Jan 5, 2009, 07:26 PM

    Unless the shop's employee handbook says "Tell customers to leave their lights on until delivery person has left the premises", you are wasting your money on the lawyer. I am sure he was very courteous to the lady but she took it otherwise, and that's why the company wants delivery people to deliver the pizza, collect the charge, and leave.
    ylaira's Avatar
    ylaira Posts: 1,193, Reputation: 118
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    #7

    Jan 5, 2009, 07:36 PM

    Why you'll turn your lights off when you are waiting for a delivery?

    He worked at Ford for 25 yrs and that includes lifetime free attorney service.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Jan 5, 2009, 07:44 PM

    Yes, unless the store just gets worried about a law suit, there is no legal grounds. They can and are allowed to fire them for any reason, or no reason.

    And to be honest, getting an attorney when there is no real claim will burn a lot of bridges.
    You will be wanting references that are good, not a warning that they get an attorney when fired.
    ylaira's Avatar
    ylaira Posts: 1,193, Reputation: 118
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    #9

    Jan 5, 2009, 07:59 PM

    He tried talking to this branch & area managers but no to avail. He just want to prove himself and his job back.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Jan 5, 2009, 08:00 PM
    Quote Originally Posted by ylaira View Post
    He tried talking to this branch & area managers but no to avail. He just want to prove himself and his job back.

    My suspicion is that he is NOT going to get his job back and the more of an issue he makes of this the more likely he is not to get another job.

    Obviously management had to choose between two stories - his and the customer's. And they choose the customer's.

    Time to move on.
    ylaira's Avatar
    ylaira Posts: 1,193, Reputation: 118
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    #11

    Jan 5, 2009, 08:13 PM

    He worked at Ford for 2 decades and probably he still has this "used to" attitude. He is expecting to may have written off, warned or called in in manager's office perhaps first before firing.

    So we can just make stories about drivers that we don't like so they will be fired like that?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Jan 5, 2009, 08:14 PM

    Judy beat me to it. Does he really want to go back to a job that fired him? Even in the unlikely event that he does get his job back, it will be very uncomfortable for him.

    I suspect the attorney is getting paid no matter what otherwise he would tell him he has no case.
    ylaira's Avatar
    ylaira Posts: 1,193, Reputation: 118
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    #13

    Jan 5, 2009, 08:33 PM

    Fortunately, he is this thick skinned to ignore that what if he wins ha ha ha. This hurts on his pride and pocketbook. Ge also have this free svc of attorney that's why he is this confident. He's already working for the competitor nearby his area. Its If he'll win,he plans work on both.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #14

    Jan 6, 2009, 06:18 AM
    Quote Originally Posted by ylaira View Post
    Fortunately, he is this thick skinned to ignore that what if he wins ha ha ha. This hurts on his pride and pocketbook. Ge also have this free svc of attorney that's why he is this confident. He's already working for the competitor nearby his area. Its If he'll win,he plans work on both.
    I suspect that the only one that will win here is the lawyers. He was an employee at will. There is nothing that says that even if he WERE to win and was given his job back, he wouldn't be fired the next day for something equally as stupid.

    Were I his manager and he were forced back onto me, I wouldn't fire him. I would make a concentrated effort to get him to quit. Vendettas go both ways. He would get every bad shift I could find him. Every bad delivery would be his. Orders would get mixed up and he would be blamed by the customer. There might even be a typo on his paycheck... cause these things happen, you know. Sorry about that... here is a check for the difference.

    There is no way for him to win this, even if he wins.

    On the other hand, I wish I were his lawyer. Cause his lawyer is getting paid, regardless who writes the check. There is no such thing as free legal. SOMEONE is paying the bill.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #15

    Jan 6, 2009, 08:15 AM

    I would also check the extent of the "free" legal. Many companies offer legal plans that cover simple tasks and initial consultations. However, they are unlikely to cover going to court. I would make sure he knows exactly what he will have to pay, if anything.

    Steve is right though, the only winner here will be the attornies. He really needs to let go and move on.

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