Q: I was fired by a major retailer for breaking their external shoplifting policy when I did not. Do I have a case?
There was an Incident with a known shoplifter who accused me of having security and the police follow her when in fact I did not. The company found in their investigation that I did not call security or the police but because I spoke with a security guard when she entered the store for an unrelated issue that they believed it caused the chain of events. I have written statements from security stating that was not the case and during the investigation another employee who still has her job admitted to actually breaking the policy by getting the customers license plate information and giving it to security. I was not even in the building when the police ended up speaking with the customer and her version of the events greatly differ then the version of events that security had told the company. They are now trying to fight the state on allowing me to have unemployment and I have not been able to get a job since the Incident.
A: There are two separate issues here. The first is whether the employer broke the law by terminating you without good cause (or even any cause). Unfortunately, without more facts indicating that you were retaliated or discriminated against, your employer may legally terminate you- even if it isn't fair. The second issue is whether you are entitled to unemployment benefits. There it sounds like you have a fairly strong case that you were not terminated for gross misconduct. Depending on where you are in the application process, you can request an appeal hearing and explain the situation. I would suggest you visit the Maryland DLLR unemployment division website and carefully review the rules and process. You can also contact a labor and employment attorney who offers free initial consultations to discuss your termination.
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