Friend was fired for getting a coke and going to the bathroom?

my friend was suspended and then a week later fired. He clocked out, grabbed a soda and went to the bathroom. When he came out he was met by his supervisors and was told he was suspended until further notice for taking a soda w/out paying. Even though he never exited the store. Now, the store he works for is a fortune 100 grocery chain. He was then fired and was told he's last check would be mailed to him. Does he have enough reason to seek legal representation even though he never went out of the store, was never once warned verbally or written up? Please help.

zippythejessi

Probably not. Most large companies have an employee handbook of some sort that details infractions that warrant verbal warnings, written warnings, suspension, or immediate termination. Posessing merchandise in any employee-area of the store (break room, bathroom, etc.) without paying for it first is grounds for termination in most retail outlets.

Resident Heretic

He shouldn't have taken a soda without paying for it. Even if you DO work there, the store's property is not YOUR property.

busymomkaren

he broke the rules. it doesn't matter what he was going to do, it matters what he did. It is still theft. They would not have fired him unless they were pretty sure they were in the right. They wouldn't want to expose themselves to a lawsuit. I am afraid he is out of luck. They are not required to write him up or give verbal warning for theft.

Kairan (KÄ'rÅn)

Most employers have it written in the employee handbook that theft is grounds for immediate termination. Therefore, your best solution is to research the "legal" definition of "theft" to see what it entails (i.e., do you have to leave the grounds, or consume item for it to be considered theft).

However, if the intent was to take the soda in the bathroom to drink it without paying, then it is unethical for him to file any type of complaint. But you can always check with a lawyer for wrongful termination suit or file a complaint with the department of labor for your state.

Judy

No, he doesn't have any legal recourse. Warnings and write ups aren't required. By taking the soda and not checking out right away and paying for it, he certainly left the impression he was stealing it. And technically, taking it into the bathroom or break room without paying for it IS stealing, whether he actually left the store for outside or not.

...

That kind of stuff is weird man.
there shouldn't be any legal representation because it was the manager's job to do so.
The manager must be drunk or something.

blueabe162

It doesn't matter if he went out of the store or not. He took a product off the shelf and consumed the product without paying. That is stealing. Just because he worked there makes absolutely no difference whatsoever. Any employee handbook covers this. When you work at a grocery store, you have to purchase something and keep the receipt in case you are asked.

It's his own dumb fault for grabbing a soda without paying for it when he went into the bathroom. Where's the common sense there? Legal representation would laugh at him if he tried. You don't need a verbal or write off if you steal. That's a automatic termination, and he's lucky they didn't press charges for shop lifting.

Yes, grocery stores will press charges for something as little as a soda. Don't believe me? Give my brother a call and ask him about the time he stole a 2 litre when he was 13. He spent 4 years on probation, 3 weeks at boot camp, and 100 hours of community service. He had $10 in his pocket when he stole that 2 litre, too.

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