Got Fired From Work For Buying Pizza From A Competitor
I went to a festival this weekend after I got off work, I had my uniform shirt on from a local pizza place, at the festival papa johns had a booth, I bought a piece of pizza for my little brother. A CEO from my company came up to me and asked me what franchise I work at, and I told him. He said he will call the manager in the morning and have me fired and he walked away, I was fired the next morning. Do I have a lawsuit?
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3 Responses to Got Fired From Work For Buying Pizza From A Competitor
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@Pedro is not speaking of U.S. law, but some of it does ring true. Your company probably has an employee manual. Check to see if there is anything in there regarding what you did. Pay particular attention to any progressive disciplinary action. That’s what Pedro was referring to. Sort of like a 3 strikes law. If you weren’t already papered with 2 write-ups and you got fired on your 1st offense, then you might have a case. I would get a consultation with an attorney.
Short answer: No, you do not have the makings of a successful case in the US.
Long Answer: The majority of US States have what is called "At-Will Employment" which means that employment may be terminated at any time for any reason by either party (i.e. you are free to quit at any time and they are free to fire you at any time). There are a few protected legal classes that are exempt from this by Federal law (e.g. race, sex, age, religion, etc) but none of those apply in the situation you describe. You were wearing a company uniform on non-company business which, for most companies would be sufficient for a reprimand by itself.
However, you went a step further by wearing the company uniform while doing business with a competitor. This is strong negative publicity for your employer and would constitute grounds for termination even in states that do not have "At-Will Employment".
While I am sure that there is an adequate supply of third-rate ambulance-chasing lawyers who would happily take your money to file a case, you stand no legitimate chance of winning any suit you attempt to file. You were fired because your conduct reflected badly upon your employer and presented a real and immediate risk of damaged public perception.
Pedro R’s comments do not apply in the US (you can clearly see that the number he provides for you to call is not a US number), just as my own comments do not apply outside of the US.
Do you work at Papa Johns? From the sounds of things this was not a suitable grounds for termination of your employment.
I was recently made redundant and there is a full list of procedures a company must follow. Also I have studied Human Resources at University where it clearly states that there is strict disciplinary action an employer must take (and there are also grievance procedures you must take before filing a lawsuit – i.e. speak with your direct manager about your grievance in formal writing).
From my basic understanding if you have done something wrong they must give you a verbal warning, a written warning, and then they have the right to make you redundant. Check in your employees contract to see if there are any rules about wearing your uniform out of work – this will determine if you, or your employee has broken your employment contract.
Secondly, I might advise that you go to call the Employment Tribunal for some advice: 08457 959 775 (although I’d also advise you to firstly write a formal letter to the manager of your branch – send by recorded mail – KEEP RECORDS OF EVERYTHING, including dates sent).