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allegedly comping items to benefit myself.

by ALH


I am in Pennsylvania. I worked for my employer (a large corporate-owned restaurant) for nine years.
My employment record was stellar. I was never once late, nor did I ever call off or miss a single day of work. Additionally, I was never once counseled or written up for any rules violation.

Over the years, I was given great employee reviews, regular pay raises, and consistent promotions. I worked my way through the ranks and was finally promoted to store manager. I held that position for three years.

This summer, I was on vacation for nine days. Near the end of my trip, I received an email from my direct supervisor asking when I was returning to town. I replied the I'd be back in the city in two days. (I was supposed to return to work two days after I returned home). On the morning of my flight, I received a text message from the same supervisor stating that she hoped my trip was fun, to be safe getting home, and to let her know what time I'd be back in town as she needed to talk to me. I replied that I'd be home around 7:00 that evening and asked if everything was ok. She responded that everything was not ok, that she was as angry and frustrated as she'd ever been regarding the restaurant. Our text dialog continued for another 15 minutes or so--small talk, etc. She told me that she'd call me that evening so that we could "catch up." When I arrived home, I texted her to let her know that I was available. She then asked if I wanted to get a drink that night. I told her that was fine, and we made plans to meet at a bar near my home after she'd left work for the night.

I met her around midnight that night. We ordered beers, sat down, and proceeded to make small talk. She then told me that she hoped what she was going to tell me wouldn't affect our "personal relationship." She then told me that our new Regional Manager (who came in control of our store just 2 or 3 weeks prior), had been in to run quarterly audits. My boss proceeded to tell me that the RM had shown her a report showing that I had comped a few checks that had (a few hours prior) been closed as cash payments.

I immediately knew what she was referring to. My response was, "Yes, I made up the safe as you'd asked me to." My boss said, "I know you did. I told her that. She told me I have to fire you."
**Explanation: Our store is often solicited for donations from local police and fire departments. at the owner's discretion, we've
always complied and made these donations. The donations must be made in cash and, as such, we've always used petty cash from the safe to make them. We retain the receipt given to us by the recipient and then, on busier nights, comp items in order to make up the deficit. This has been in practice since we opened the store nine years ago. Every manager/owner has done it. On the occasion in question, my supervisor was leaving for vacation and told me to "make up the safe" while she was gone. That is exactly what I did.**

The conversation continued. My boss appeared to be distraught and near tears. I told her that I'd done exactly what she asked me to do, which is how we've always handled situations such as this. She told me that she knew, that she'd explained it to the RM and that the RM said that our practice was wrong and that she was going to make an example of me.

I was dumbfounded, needless to say. I asked my boss if she had any of the reports or documentation. She told me that she didn't, that the RM had kept them. She then told me that the RM had ordered her to get a written resignation from me.

I responded that I would not furnish her with a written resignation because I was not resigning; rather, I was being terminated. I went on to tell her that my "resigning" would, at the very least, be an admission of guilt and that I'd done nothing wrong. My boss then told me that she agreed with my decision to not "resign." I told her that I would likely file for unemployment and she said, "I hope you do. So you know, if there's an unemployment hearing, I'm not showing up. This is ridiculous."

So, that's my story. About a month ago, I did file for unemployment and received my letter of eligibility. The deadline for my employer to contest was almost two weeks ago and, as of yet, I've not received any further information. I also have not received any unemployment payments.

I'm curious as to what your thoughts are. As well, if they do contest, will I receive a copy of whatever "evidence" they submit regarding my termination?
Obviously, I've not seen any of the "reports" and I have no way to access anything from my former employer.

Thanks for your time.

My thoughts. I would have provided a resignation letter that clearly explained why I was forced to give it under duress and that the employer asked for it in lieu of being discharged.

I would have detailed everything as you did here and then .. I would have asked "poor me" I've got to fire you" to sign it.

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Re: terminated
by: Anonymous

What you've suggested makes sense. At the time, I was pretty shocked by the whole thing and was thinking that if I resigned I'd have a lesser chance of collecting unemployment.
Hence, the reason why I elected NOT to submit my resignation.
My thought was that, if I filed for unemployment and my former employer contested it, I'd be called to attend a hearing at which I'd provide the referee with all of the information that I included here.
We shall see how it turns out. I filed at the end of July. I received both a letter stating that I was eligible and my debit card a week later. The deadline for my employer to appeal was August 14. As of yet, I've received neither word of an appeal nor any payments.
Attempts to speak to anyone at the Unemployment Office have proven fruitless. I'm grateful that I had some savings to keep me afloat.
This is such an awful system.
Thank you, Chris, for your feedback.

I know .. in the moment it's extremely difficult to think clearly and implement a strategy.

But when an employer tells you that you are fired and then asks for a resignation .. they are either trying to give you a way out to protect your resume or they are trying to get a generic resignation letter which they will use against you for UI purposes, but this type of discharge/resignation is supposed to be adjudicated as a discharge by unemployment .. because you had no choice to stay employed because they would terminate otherwise ..

So in effect, offering the resignation, is to call the employer's bluff and you are simultaneously, creating a paper trail for your own UI purposes. The employer would not want to submit a resignation letter detailing every dirty little detail .. but you can.

This is just taking an offensive position in an effort to make sure you can get benefits right away and perhaps, dissuade the employer from appealing.

That's all I was trying to say.

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