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not writing a statement? They said I was being "uncooperative."

by Lindsay
(South NJ USA)

I live in NJ and worked as a store manager for a retailer that is close to filing for bankruptcy. After being there for 10 years, I had 5 weeks remaining. I was about to be laid off because my store was recently slated to close.

Last week, a company auditor came into the store to do a "check up" on store operations. She says she found a few questionable things. So, my district manager and she questioned me in the office for 45 minutes. I answered all of their questions, but they don't believe me and have absolutely no proof that I did what they said I did. They wanted me to write a statement for them and I gently refused (I had done this once before and it backfired on me). I was suspended until they could speak to HR. My DL called me within the hour and terminated me for being "uncooperative." I stayed as long as they asked, answered all of their questions, answered their phone calls, and was not hostile in any way. I even asked my DL and the HR manager what I could have done differently to be considered cooperative and neither could tell me (or, shall I say neither was willing to tell me). I have been advised to seek a lawyer, but for the time being I'm more concerned about getting unemployment. Thanks for your time. Your website has been very helpful.


If I tell you, because I believe sincerely and know for a fact, that the devil is in the details how can I attempt to help you without knowing the same details you AND the employer knows?

If all you want to know is if I think you have an opportunity to persuade the UI dept. that this discharge was not for misconduct, but a convenient way to reduce the cost of a workforce reduction .. by way of creating an appearance of misconduct .. Yes, I do .. but that could change if I were to learn the details you are not sharing.

And the details .. I will only know if you schedule a consultation.

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by: Lindsay

Thank you for getting back so quickly. I didn't provide the details of the auditor's findings because I didn't think it were necessary to this case. Their claim is that I was being uncooperative and I figured I would just prove that I was no such thing. If I had been terminated due to their findings, I assume I would have a harder time proving there was no misconduct, but this isn't the case. I will schedule a consultation with you very soon. Thanks again.

It's all part of the "final incident". The choice to terminate you for being "uncooperative" is an attempt to make your action not to write a statement about "whatever the audit showed", appear as unreasonable and essentially, insubordination that somehow caused harm to their interests.

That's why the audit is relevant.

My personal opinion is that the entire country is aware of what is going on, out there in "employment land" .. except that unemployment departments are now turning a blind eye because they too are in financial straits.

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