Also Fired From Walmart

[jbear1978]

What is the name of your state (only U.S. law)? Alabama
Mine is a similar story, but in Alabama. I had just got back from my break when the department manager in the area I was working in told me to come with her. I followed her to where the LP, a new LP, and an Assistant Manager was in. First she asked where I wanted to go in the store what I liked about it and good stuff. Then she asked what I knew about shrink, she gave examples of backroom shrink and shoplifters. Then she proceeded to tell me about internal theft. She said with cameras they know the who, what, and where; just not the why. If there was a reason that was good enough they could work something out. That sounded nice and all, didn't know where she was going with this really. I thought maybe they were going to offer me another position. And then BAM... when was the last time I took money from a register? WHAT!? Never. She told me that they have me on camera taking money and putting it in my pocket. Nope, didn't happen. I don't carry money, I don't steal. I looked her in the eye and told her I didn't do it. She told me to quit shaking my head, that it indicated that I was lying. I was shaking my head in disbelief, I couldn't believe this was happening. I loved my job and all that I was doing, I was no longer hurting for money because I was working between 33 and 40 hours a week. She kept telling me I was lying and I kept denying. She showed me a CD that had the footage on it, I asked if I could see it. She said no, I could see it with the police when they came to arrest me. I said okay. She never informed me of the supposed amount that I stuck in my pocket. Of course I was being terminated. I had to sign a statement that I did not take money from the register and put it in my pocket. My Exit Interview paper (which I have a copy of) states I was terminated for Gross Misconduct - Integrity Issue. All the while I'm shaking because I'm upset, I never had a way of truly defending myself. She said that the police will contact me and we'd have to go to court. I don't know, you would figure if they were going to charge me with something they wouldn't have just let me go. I cried when I got to my car, I loved my job and it was my main income. I'm never late, always do what I'm asked, I volunteer to work other departments to help out, I take the initiative and ask if something needs done or if I can do something that I see needs to be done. I have made a few minor mistakes that my Department Manager said was common, but I have had no complaints that I know of. My customers like me and they greet me even when I'm not the one checking them out. Plus, I get along with my co-workers. Any thing I can do? I don't believe I can get Unemployment because of the termination reason. To be honest I'm not so worried about Unemployment, I've already got an interview for another job. My worries are how will I receive ,y last paycheck, I got direct deposit before. Will I receive my unused PTO? If not is there anything I can do about it? Since they didn't have me arrested on the spot, does that mean they were not really filing charges? If they do what can I do about it? Can I fight any of this without knowing the specifics? Should I even bother? What do I do if they don't pay me the right amount for my last paycheck? I didn't get to clock out my last day. I have a copy of the first week I worked and I know the hours I had for the last week.

 

[Chyvan]

I don't believe I can get Unemployment because of the termination reason.

Sure you can because you said you didn't do it. Apply for UI. Say you were fired, and don't tell this story. It's too long. If Walmart wants to say that you stole, that's fine, the first UI worker might believe them, and then you appeal. At a hearing, you'll be able to mention the CD with the "footage." If Walmart doesn't play the footage showing you stealing, they'll be found to be liars, and you'll get UI.

Even if you did steal, and don't admit to it, and Walmart loses the footage or doesn't bring it showing you stealing, you can still get UI. The employer has to prove with a preponderance of the evidence that you did it.

 

[commentator]

Your chances of getting unemployment are not too great, but it is your only recourse. File a claim for unemployment. Cooperate with the process.

Wal-marts in your area of the country use a consulting firm to do their unemployment hearings and charge issues. They WILL follow up of this, will do their homework, will show up for the hearings with the evidence in hand. It's what the consulting firm gets paid to do for Wal-Mart. If you wait through an initial denial and go into a second appeal before you begin telling your story, it will do nothing but dramatically lower your chances of being approved for unemployment. They either HAVE proof that you did what they accuse you of, or they do not. Somebody in the system will get a look at what they have or don't have. The sooner it comes out, the better. I have rarely seen Wal-mart go out on a limb and terminate for gross misconduct integrity issue simply because they wanted to get rid of somebody. There are too many other ways to do it, if their only motivation is not that they actually caught you stealing but that they just want to get rid of you.

In most cases, if you are terminated from a job, and you apply for public assistance such as food stamps, they will want you to have filed for unemployment benefits first. It costs nothing to file, there's no down side to doing it, but I would not expect the consultants who will be handling the case to fail to show up or fail to present documentation.

 

[TheGeekess]

UI hearings in Alabama are usually done over the phone.