Home > Research Legal Advice > Employment / Labor > Was fired from my job because of a policy i learned 2 weeks prior is tha...
Asked about 1 year ago - Boston, MA
Flagwas fired from target as a starbucks team lead they said i gave refills to people who came in after they left store i was fired along with two others but they kept the lower paid employees do i have a case was never in trouble at all we have new managers who i believe didnt like me and shouldnt the employee they kept be fired also
Generally speaking, they can fire you for any reason, even a reason you don't believe is legitimate, so long as it's not a reason that is prohibited by law (such as discrimination based on race, age, religion, sex, age, disability). If the new managers didn't like you, they can fire you. Absent a contract or union right that protects people based on seniority, they can almost certainly fire you and keep lower paid employees -- in fact, saving money would be a business reason to do so. Possible exception if you are over the age of 40 and it was based on age. I'm not admitted in MA, so if there are state or local laws that might apply, I can't speak to that. Good luck.
You have not provided enough information in your recitiation of the facts. Did you, in fact, give drink refills in violation of Starbucks policy? If so, the fact that this may have been a newly instituted policy does not excuse your non-compliance. If this is what occurred, it would seem that the employers' decision to terminate your employment, while perhaps harsh, is not illegal. Turning next to that part of your question about the lower paid employees being retained in Starbuck's employ - no matter your personal belief, the employer is and was free to make its own determination. They, in fact, did just that. My advice is that you view this as a learning opportunity ...and one that you would do well to consider not repeat any time soon. We all make mistakes. You should, however, immediately apply for unemployment compensation benefits. While Starbuck may contest your filing for U.C. benefits, if the ban on refills is new as you stated, and your non-compliance was inadvertent, you should be able to overcome any objection interposed by your former employer. Good luck and best regards, Rob Fortgang
I agree with Atty Fortgang. You should take this as a lesson about what not to do in the future. If you knew about the new rule for 2 weeks, that means you knew about the rule. Period.
Also, Massachusetts is an "at will" employment state. You are employed at the employer's will. You have no recourse as long as they don't do anything illegal, or in violation of a written contract or union rule that you are covered by.
I agree with the previous attorneys re: the termination itself, but feel you should definitely apply for unemployment benefits. In order to terminate you for violation of a workplace rule and for your unemployment benefits to be denied, the rule would have had to be uniformly enforced. If you can successfully make a showing that one or more other employees violated the same rule and weren't terminated, you may well win your unemployment case. Be aware that the employer may assert other grounds for termination at an unemployment hearing as well.
I recommend talking to a knowledgeable unemployment attorney if unemployment is an issue for you, i.e. you were not quickly re-employed.
I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.
Please look at my Avvo guide to at-will employment which may help you understand your rights now and in the future: http://www.avvo.com/legal-guides/ugc/an-overvie....
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
