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jammixmaster · Apr 13, 2009, 10:14 AM

When I was 16 years old I used to work for Staples. Unfortunately, I did some illegal transaction while employed there and was fired once Staples found out. Currently I am 19 and recently had a job at RadioShack. About a week ago one of the managers from another RadioShack store came in to pick up a cell phone for one of his customers. It just so happens that it was also one of the managers who used to work at the same Staples as I did. He obviously recognized me because two days after that the District Manager came to my store and told me that someone from management recognized me from Staples. He then fired me.

My question is: Was that legal? I committed the Staples crime before I was 18, and on top of that NO CHARGES were pressed and there was NO JAIL TIME. I was simply fired and had to pay back the amount that I had stolen. It didn't even go on my record. My parents say that the manager had broken contract my bringing sensitive information from Staples to RadioShack, which is illegal. They also said that RadioShack can't fire me due to something that legally never happened once I turned 18. Was it legal for RadioShack to fire me and was it legal for that manager to tell RadioShack about sensitive things that happened at Staples? If it wasn't legal, can I sue?

*NOTE: My parents and I will be speaking to a lawyer about this, but it won't be for another week and I can't wait that long. So any information would be helpful*

JudyKayTee · Apr 13, 2009, 10:16 AM

It's employment at will. The Manager didn't want you working there. I don't see that the reason mattered.

Did the Manager - when you were fired - tell you specifically that he was firing you due to this prior incident? Was there a question on the employment application about theft, arrests, anything like that?

excon · Apr 13, 2009, 10:29 AM

Originally Posted by jammixmaster

My parents say that the manager had broken contract my bringing sensitive information from Staples to RadioShack, which is illegal. They also said that RadioShack can't fire me due to something that legally never happened once I turned 18.

*NOTE: My parents and I will be speaking to a lawyer about this, but it wont be for another week and I can't wait that long.

Hello jam:

Tell your parents to save their money. Judy is right on. Unless you have an employment contract, or are a member of a union, or are a member of a protected class of people, you can be fired for any reason whatsoever. That's what the legal term, employment "at will" means.

You HAD no contract with Staples so they couldn't have violated one. A minor is NOT a member of any protected class of citizen. What you did then (or ever will do) IS the business of your employer.

excon

jammixmaster · Apr 13, 2009, 11:21 AM

Originally Posted by JudyKayTee

It's employment at will. The Manager didn't want you working there. I don't see that the reason mattered.

Did the Manager - when you were fired - tell you specifically that he was firing you due to this prior incident? Was there a question on the employment application about theft, arrests, anything like that?

Yes, the district manager did say it was due to what happened at Staples.

TO EXCON: I think you're confused. I'm not talking about getting fired from Staples, they had every right to fire me as I stole from them. I'm talking about RadioShack firing me because a store manager who used to work with me at Staples told the District Manager of RadioShack what I did before I was 18 at Staples, thus getting me fired. I wasn't fired for no reason, I was fired because the store manager told the district manager sensitive information from another company, which is breaking contract. So even if I can't sue for getting fired, I can still sue for the manager breaking contract.

ballengerb1 · Apr 13, 2009, 11:25 AM

Yep, Judy is spot on. Without a contract you are an at will employee and can be let go without cause. If you put Staples on your app at Radio Shack they probably never would have hired you to start with.

ScottGem · Apr 13, 2009, 11:31 AM

Part of this depends on what you put on your employment application. If you did not put Staples, that could be grounds for termination.

But your main point of contention was that the manager who used to work at Staples and now works for Radio Shack, broke some sort of contract by passing the info on to Radio Shack.

But I don't think that answer is going to hold legal water. It may be applied if the manager was revealing information that make give Radio Shack a competitive advantage or, if you agreed to resign from Staples under condition that the incident would be kept conmfidential.

JudyKayTee · Apr 13, 2009, 11:31 AM

Originally Posted by jammixmaster

Yes, the district manager did say it was due to what happened at Staples.

TO EXCON: I think you're confused. I'm not talking about getting fired from Staples, they had every right to fire me as I stole from them. I'm talking about RadioShack firing me because a store manager who used to work with me at Staples told the District Manager of RadioShack what I did before I was 18 at Staples, thus getting me fired. I wasn't fired for no reason, I was fired because the store manager told the district manager sensitive information from another company, which is breaking contract. So even if I can't sue for getting fired, I can still sue for the manager breaking contract.

excon was referring to whether Staples could give the info to Radioshack - I think.

In the meantime, were you told you were being fired because of what the Staples person told the RadioShack person? What did you put on your employment application?

Quite frankly, I wouldn't want you in my store, handling money, either. Did Staples give you a good reference when you were hired at Radioshack and now someone has come in with a bad reference? Was what the Staples person said untrue?

You were a contract employee of Radioshack, not an employee-at-will?

If you already know the answer ("... I can still sue ...") why are you asking the question? This is going to cost you so much more money than you are possibly ever going to collect but, again, if your Attorney has said you can still sue, go for it and let us know how it works out.

jammixmaster · Apr 13, 2009, 11:39 AM

Originally Posted by ScottGem

Part of this depends on what you put on your employment application. If you did not put Staples, that could be grounds for termination.

But your main point of contention was that the manager who used to work at Staples and now works for Radio Shack, broke some sort of contract by passing the info on to Radio Shack.

But I don't think that answer is going to hold legal water. It may be applied if the manager was revealing information that make give Radio Shack a competitive advantage or, if you agreed to resign from Staples under condition that the incident would be kept conmfidential.

I was told by the manager at Staples that fired me that the information would not be discussed with anyone except loss prevention after I left. When that was said to me, only the store manager, the loss prevention specialist and my parents were in the room, not the manager who now works for RadioShack. Also, at least in this state, on most if not all applications, it does state that if you leave the company for any reason, you are not allowed to speak of sensitive information to any new employers you may be hired with.

I did put that I worked for Staples on my application but I didn't put that I was fired. I just put that I left because of unreconcilable differences. It wasn't a lie because by law, I didn't have to put the reason Staples fired me since I was under 18 and it wasn't a felony and charges weren't pressed.

ballengerb1 · Apr 13, 2009, 11:43 AM

But you had no labor contract at Radio Shack, right?

JudyKayTee · Apr 13, 2009, 11:44 AM

Oh, please - you can't possibly believe what you have written.

You didn't put down that you were fired but that you left for "unreconciled" differences, those differences being that you thought it was OK to steal from your employer but your employer didn't think so and you couldn't find a middle ground?

You think that your firing for theft is sensitive information which cannot legally be discussed with future employers?

Now THIS is a classic thread!

jammixmaster · Apr 13, 2009, 11:45 AM

Originally Posted by JudyKayTee

excon was referring to whether Staples could give the info to Radioshack - I think.

In the meantime, were you told you were being fired because of what the Staples person told the RadioShack person? What did you put on your employment application?

Quite frankly, I wouldn't want you in my store, handling money, either. Did Staples give you a good reference when you were hired at Radioshack and now someone has come in with a bad reference? Was what the Staples person said untrue?

You were a contract employee of Radioshack, not an employee-at-will?

If you already know the answer ("... I can still sue ...") why are you asking the question? This is going to cost you so much more money than you are possibly ever going to collect but, again, if your Attorney has said you can still sue, go for it and let us know how it works out.

No, I was an at-will employee with RadioShack. The "contract" I am referring to is the one on the applications in this state that says that if you leave one company for another you are not allowed to give sensitive information to your new employer about your old one, no matter the circumstances. That is what the manager violated. And you're right, I wouldn't want someone who stole before in my store handling money either, but before I made that decision I'd look at this person's past. Between Staples and RadioShack (several years) I've held many retail jobs, all of them handling money (but I didn't steal money). Never once did I do what I did at Staples. Staples was a mistake, I was young and stupid and thought I could beat the system. Even Staples realized that I am truly sorry for it, which is why they didn't press charges.

Even though I was an at-will employee and the employer reserves the right to fire me simply because he didn't like my face, I wasn't fire for a "no reason". I was fired based on past events that happened before I was 18 and due to the other manager breaking Staples contract.

ScottGem · Apr 13, 2009, 11:46 AM

Originally Posted by jammixmaster

I was told by the manager at Staples that fired me that the information would not be discussed with anyone except loss prevention after I left. When that was said to me, only the store manager, the loss prevention specialist and my parents were in the room, not the manager who now works for RadioShack.

Did you get this in writing? If not, I doubt if you can prove it binding. However, if you do have it in writing, then you may have a cause of action against the Store manager and loss prevention person and the person who came to work for Radio Shack. It would not give you a cause of action against Radio Shack for firing you.

Originally Posted by jammixmaster

Also, at least in this state, on most if not all applications, it does state that if you leave the company for any reason, you are not allowed to speak of sensitive information to any new employers you may be hired with.

Like I said, that law refers to information about running the business. It doesn't allow companies to gain a business advantage by hiring someone from a competitor. It would not apply to your situation.

ballengerb1 · Apr 13, 2009, 11:47 AM

It can actually work in reverse of what you are thinking. If RS asked Staples for your references and they lied, the management of Staples could be sued by RS for giving false information. When I have terminated an employeeI rfuse to give a written or verbal reference and let the prospective employer figure that out for himself.

jammixmaster · Apr 13, 2009, 11:48 AM

Originally Posted by JudyKayTee

Oh, please - you can't possibly believe what you have written.

Y uodidn't put down that you were fired but that you left for "unreconciled" differences, those differences being that you thought it was OK to steal from your employer but your employer didn't think so?

You think that your firing for theft is sensitive information which cannot legally be discussed with future employers?

Now THIS is a classic thread!

Why do you continue to mis-understand. Go back, re-read CAREFULLY. I said that I didn't put down the real reason why I was fired because I LEGALLY DIDN'T HAVE TO. Ask any lawyer, in the State of Delaware (I'm not sure about any other state), if you did something illegal BEFORE you are 18 but no charges were pressed, no jail time was served and what you did DID NOT GO ON YOUR RECORD then you legally have no obligation to tell any future employers about it. If it doesn't show up on your criminal background then legally it didn't happen. That's what I'm saying. You shouldn't attempt to help people then put them down because YOU misunderstood something. It just shows how intelligent you really are.

JudyKayTee · Apr 13, 2009, 11:48 AM

Well, Scott, I don't know - they did have an "unreconciled" problem. OP thought it was OK to steal from an employer; employer didn't think so. Apparently in OP's State an employee cannot legally discuss why he was fired. Wonder what State this is in?

Wonder if Staples made a "pact" not to discuss this with anyone what the OP did in order to make this a contract - both parties have to receive SOME consideration - ?

jammixmaster · Apr 13, 2009, 11:50 AM

Originally Posted by ScottGem

Did you get this in writing? If not, I doubt if you can prove it binding. However, if you do have it in writing, then you may have a cause of action against the Store manager and loss prevention person and the person who came to work for Radio Shack. It would not give you a cause of action against Radio Shack for firing you.

Like I said, that law refers to informationb about running the business. It doesn't allow companies to gain a business advantage by hiring someone from a competitor. It would not apply to your situation.

That makes sense.

JudyKayTee · Apr 13, 2009, 11:50 AM

Originally Posted by jammixmaster

Why do you continue to mis-understand. Go back, re-read CAREFULLY. I said that I didn't put down the real reason why I was fired because I LEGALLY DIDN'T HAVE TO. Ask any lawyer, in the State of Delaware (I'm not sure about any other state), if you did something illegal BEFORE you are 18 but no charges were pressed, no jail time was served and what you did DID NOT GO ON YOUR RECORD then you legally have no obligation to tell any future employers about it. If it doesn't show up on your criminal background then legally it didn't happen. That's what I'm saying. You shouldn't attempt to help people then put them down because YOU misunderstood something. It just shows how intelligent you really are.

I don't know about my intelligence - I do know I've never stolen.

Please post the Delaware Law that says employers don't have any right to know about criminal conduct of employees when they are under 18.

I think you have a great big attitude problem and a great big sense of entitlement. After all, all you did was steal from an employer, right? And your parents were OK with it, right?

Maybe your spell-casting prowess is freaking out the other employees and that's why you were terminated. https://www.askmehelpdesk.com/magic/...ml#post1632365

ScottGem · Apr 13, 2009, 11:54 AM

While I don't dispute that you didn't legally have to reveal the reason you left Staples, that doesn't mean, if they find out the reason, they can't act on it.

Your case hinges on one issue. Whether the former Staples manager was bound in some way to not reveal what he knew about you to Radio Shack.

If he was so bound, it would be based on the separation agreement with Staples, NOT the law you keep referring to, which is a non compete clause.

JudyKayTee · Apr 13, 2009, 12:00 PM

I do notice that OP casts spells on people - maybe this is Staples way of casting a reverse spell.

jammixmaster · Apr 13, 2009, 12:13 PM

Originally Posted by ScottGem

While I don't dispute that you didn't legally have to reveal the reason you left Staples, that doesn't mean, if they find out the reason, they can't act on it.

Your case hinges on one issue. Whether the former Staples manager was bound in some way to not reveal what he knew about you to Radio Shack.

If he was so bound, it would be based on the separation agreement with Staples, NOT the law you keep referring to, which is a non compete clause.

Thank you. You seem to be the only person (other than Excon) who is actually trying to help. So basically I have no case here... well that's just great. Thanks for your help.