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kendra64057 · Jan 10, 2012, 06:03 PM

I have worked at Delia's for over a year. I have changed my college schedule around for this job. I was promoted to Fashionista over the summer. I have the highest sales in the store and the most availability. In the beginning of December all the manager quits and we were run by our district manager and another sotres manager. Over Christmas break I went out of town to visit family and had no cell phone reception. I was not on the schedule at all before I left for vacation. When I returned I checked the schedule and my name wasn't on it. After asking the new manager she said they had to "let me go" for what reason? I'm not sure. They did not even call or tell me. I have never missed a shift and my manager put my year paper in to get a raise with a very good evaluation. My question is where do I got from here? Can I take legal action?

smoothy · Jan 10, 2012, 06:14 PM

No... not if you are in the USA... if you are you are what is called an "AT-WILL" employee. And they don't need a reason to terminate you. And you could quit anytime you wished.

As such you have no legal standing to bring suit.

If you are outside the USA... (you didn't tell us where) then your rights may be different.

kendra64057 · Jan 10, 2012, 06:16 PM

Can I report her? ANY action?

smoothy · Jan 10, 2012, 06:51 PM

No... she was acting well within the authority of her job. You can't report her for doing her job.

You are in the USA? Aren't you. We need to verify that. We have many members in every other English speaking country as well. And their laws may vary.

ballengerb1 · Jan 10, 2012, 08:12 PM

Smoothy is correct and reporting her would not get your job back, maybe even make things worse. I would, however, call the human resourse person and ask if there was a reason for being being terminated. If that manager gave a reason, then and only then, you might have a leg to stand on but only if that reason was false and you could prove it. Are you a member of what would be considered a protected class?

Fr_Chuck · Jan 10, 2012, 08:18 PM

You can go to HR and ask for a meeting with them and the District Manager and discuss this with them. It is finally their choice