[mlb2b5]

Hey everyone, this is my first time posting so I hope I am doing it right and it gets to someone that can help me...

I recently worked for Radio Shack as a Store Manager. I was there for 2 years and recently lost my job. The reasons for losing my job were:

Drug Abuse
Stealing Phones
Not Preventing Theft
Engaging in Sexual Activities with a female associate at work

These four things ALL are not true and I got fired because I had two associates that did not want to work and when I told them to, they told me they would blackmail me if I made them or sent them home. Naturally I thought a large retail chain such as Radio Shack would not fall for something that stupid.

I called my boss, the HR Regional Manager and the LP Regional Manager to let them know about the blackmail attempt. I also was having a theft problem where 23 phones for ATT, Sprint and Verizon where stolen. Something I was telling Radio Shack by email (all emails I have printed out over 3 months) and they did nothing. So the reason for not preventing theft is out the window.

Radio Shack also can track all of the phones that were stolen by tracing the IMEI number all cell phones have to see there location, none of which I have because I have never stolen anything. They did not do this and I have proof in the form of an ATT Regional Manager. So me stealing is out the window.

I have never tested positive in my life for any drugs and offered to submit to a drug test, which they refused. The only proof is the two previously mentioned assocaites telling them I did heroin, cocaine and marijuana. I would not test positive for any of the three, and they denied my request for a test so that is out of the window.

As for sleeping with an associate at work, this has almost ruined my marriage. I did not cheat on my wife and even if I had, they have no proof and its none of there business if I would have. This is a huge defamation of my character.

So to conclude, I lost my job, they are fighting my unemployment and my wife is contemplating leaving me all on false accusations made by my employer. Like I said I have 26 emails about the theft, never tested positive for drugs and they have no video, pictures or any evidence to support there accusations other then 2 associates that told me they would blackmail me... What would you do?

[ScottGem]

The problem here is who was told about the reasons for termination. I would assume only you. If that's the case, then your defamation suit goes out the window. As for wrongful termination, most employment is "at will" meaning you can be terminated for no reason at all.

So, if there is a defamation suit, it would be against the two associates, though you would have to prove they made the accusations.

On the other hand, if Radio Shack actually documented even just to you, those reasons for termination, there may be a case.

What I would do is find an attorney, preferable one who specializes in Labor Law, and see if you can get a free consultation. They will know local laws and be able to advise you on feasibility of your case.

It will be up to them to prove the allegations.

I would definitely recommend pursuing this, because you will have a hard time finding employment if you don't. Good luck and keep us posted.

[joypulv]

Print this up in a shorter version, leaving out most of it. Half a page. Address each topic as it is stated rather than the list first (many people won't read past it.)

Make 100 copies, dress in a suit and tie, and stand out on the sidewalk handing them out. Ask people not to shop there.

Maybe sue for wrecking your marriage. Not a slam dunk by a long shot and costly. It might give your wife some indication that you value her though.

[JudyKayTee]

I'm an investigator. I've worked on very similar matters. Here's where you lost me: " I did not cheat on my wife and even if I had, they have no proof and its none of there business if I would have. This is a huge defamation of my character."

I did not cheat on my wife but if I did they have no proof and even if they have proof it's none of their business?

This is a very odd, conflicting statement. At this point I know how I would write my report...

[ScottGem]

First, I very strongly disagree with Joy. At this point, it appears the issues are between you and Radio Shack (and the associates). Handing out flyers to boycott the store will not get you anywhere but in deeper trouble.

Second, I was also bothered as Judy was by that statement. If you were having sex with a subordinate, even if it was not on the store premises, that is VERY much the concern of your employer. Sexual harassment is a serious issue and could get the company in trouble. Even if it was consensual, a boss asking for sex with a subordinate, the subordinate might have felt she had no choice but to consent.

So I found the denial there curious, but I chalked it up to your anger at the way you were treated. But if you take the position that having sex with a subordinate was none of their business, you will be in big trouble.

[mlb2b5]

Yes I agree with all of you, I shouldn't have said it was none of there business. I know it is and looking back now I do not know why I typed that I should have just left it at I didn't do it. I am just very angry at the situation. I have contacted many attourneys about the matter and the majority has agreed that I have a case, especially with all the documantations that I have. They would have to have documented all of the reasons because they are fighting my unemployment... right? They would have to show something to the UI people.

[AK lawyer]

...
On the other hand, if Radio Shack actually documented even just to you, those reasons for termination, there may be a case.
...

... but not for defamation. Radio Shack would have had to have somehow divulged the allegation if infidelity to your wife for it to be liable for that.

[mlb2b5]

So in your professional opinion... should I go after them for wrongful termination or just let it go?

[Fr_Chuck]

Go after them for wrongful termination,

[joypulv]

Hire a PI to investigate the stolen phones - maybe they were stolen by disgruntled employees just to get you fired.
When I made the suggestion to picket it was designed to get you out of the doldrums of fighting a corporate giant as much as anything. (So is my hire a PI - ideas only.)
I do wonder, however, how it could possibly get you into deeper trouble than being fired, having unemployment fought, and having a wife who wants to leave you. It's not illegal. It could actually work, especially if they get their first lawyer letter.

[ScottGem]

If you have attorneys willing to take your case go for it. But its not an air-tight case. You could lose which will make your life worse. But it's a risk I think you should take.

I will disagree with Joy here because YOU don't have to prove anything. The burden of proof will be on them. So there is no reason for you to spend any money investigating.

The proof you need to present is is follows:

1) that the associates threatened to tell lies about you because you were making them work and that you reported this to HR.
2) that you suggested ways for the tracking of the phones and these suggestions were not followed
3) that you had no previous bad reviews or warnings of the type of behavior claimed.

What is the status of your UI case? If you win that case, that will go a long way towards justifying a wrongful termination suit.

[JudyKayTee]

Did Radio Shack report the "thefts" to the Police?

(And note to Scott - it's always a good idea to hire an investigator, even if you don't really need one. <smirk>

And note to mlb2b5 - I'm an investigator so I'm rattling Scott's cage)

[ScottGem]

(And note to Scott - it's always a good idea to hire an investigator, even if you don't really need one. <smirk>

No disagreement there if there is a need to assemble proof of something. I just don't think the OP has to prove anything. Its up to Radio Shack to produce proof.

[JudyKayTee]

No disagreement there if there is a need to assemble proof of something. I just don't think the OP has to prove anything. Its up to Radio Shack to produce proof.

I know, but I could use the work!

I would be curious to know if Radio Shack reported the thefts. If not, it would be very difficult for the Court to take RS's claims seriously.

Or were the losses reported to their insurance carrier? Same thing.

[joypulv]

I don't get where responders seem to think the Unemployment is in the business of judging the validity of firing, unless it clearly should have been a lay off and eligible for UI instantly, such as telling him he had to relocate, or reducing hours/pay, or changing category of work, or 'firing' a lot of people at once.

Or just who it is that has to prove anything, besides the OP. He's been fired and it now all rests on him to prove why he shouldn't have been fired. Why shouldn't he take some drastic measures? I would leaflet out front, hire a lawyer, and hire a PI. All 3 at once could cut down on the legal fees.

From what he says, there's a good possibility that he was set up. Someone had to have reported him, except for the thefts. They've got him on the charge of not preventing them, but if they were stolen by employees, I don't see how he could have. Prove they did it and the rest are a heck of a lot weaker.

[ScottGem]

I don't get where responders seem to think the Unemployment is in the business of judging the validity of firing, unless it clearly should have been a lay off and eligible for UI instantly, such as telling him he had to relocate, or reducing hours/pay, or changing category of work, or 'firing' a lot of people at once.

Or just who it is that has to prove anything, besides the OP. He's been fired and it now all rests on him to prove why he shouldn't have been fired. Why shouldn't he take some drastic measures? I would leaflet out front, hire a lawyer, and hire a PI. All 3 at once could cut down on the legal fees.

From what he says, there's a good possibility that he was set up. Someone had to have reported him, except for the thefts. They've got him on the charge of not preventing them, but if they were stolen by employees, I don't see how he could have. Prove they did it and the rest are a heck of a lot weaker.

First, a claimant has the right to a hearing if there is a the denial of a UI claim (http://www.mfy.org/wp-content/uploads/facts/UIandDenialofBenefits.pdf). The claimant can then see the reasons given for denial and can have witnesses called and questioned. Second, Since it is almost impossible to prove a negative (i.e. I never took drugs, the claimant can ask the employer to prove their claims.

Again, I disagree with leafletting because the OP does NOT want to call public attention to his situation. As I said, proving a negative is nigh on impossible. Which means the PI will have to find out who did steal the phones. A difficult and expensive task at this point in time.

[JudyKayTee]

Would the OP please post whether Police Reports were filed regarding the "missing"merchandise?