Legal Issues

Before entering college, I worked as an Assistant Manager at a local retail-store chain. Much to my amazement and excitement, I was offered the position as Manager in another location, to which I accepted.  Before I could take over as the official manager, I was required to complete several training courses through the company.  I completed courses on emergency situations,  banking responsibilities, monthly reporting, and a human resource course centered on the hiring and firing of employees. I had no idea how important the course on the hiring and firing of employees would be until the Christmas season of 2005.
   
The Christmas season really does not begin in retail after Thanksgiving, but rather it begins around the first part of October.  Managers are advised to hire one additional full-time employee and two additional part-time employees during this period.  I hired two male part-time stock employees to be used mainly on truck delivery days and several hours during the day.  Finally, I hired Jackie to be the new full-time cashier.  This would later prove to have been a mistake.
   
Jackie showed up on the open interview day that I had set up to take applications and do on-the-spot interviews.  She was an African-American woman in her mid 30s.  She had completed high school, but only had two prior work references.  She explained that this was due to the fact that she had gotten married and chosen to stay home with her two young children until they were in school.  All perspective employees were given an on-the-spot drug urinalysis screening and a form to fill out for a background check to be performed (Shaw, 2010).  This policy was mandated by corporate management.  Both the drug test and her criminal background check came back negative, and I was given the okay to hire her.  In the meantime, I had attempted several times to contact her two prior employment references.  One of the prior employers had gone out of business, and the second employer stated that the business was under new management, therefore he could not give any reference for an employee that had never worked for him personally.
   
When I formally offered the position to Jackie, she was very excited. I explained to her that employment the company did not provide a set schedule, but that she was guaranteed a 40 hour work week.  I stressed to her the importance of attendance and due to the Christmas season.  She said she understood.  The next morning Jackie was on time for work.  I introduced her to Tabby, my assistant manager, who would be training her over the next five days.  Jackie missed her third day of training due to car trouble.  She was not written-up, but was given a verbal warning.  I again explained that it was imperative that she be at work when scheduled, especially during the companys probationary period (Shaw, 2010).  Jackie apologized and promised that it would not happen again.
   
Less than a month into Jackies employment, she began missed more time. Family and personal illness and more car trouble were the reasons given.  When I requested a notice from the doctors office to put in her employee record, Jackie became angry and stated I was only asking for an excuse because she was black (Donahue, 2007).  She stomped out of my office, clocked out, and went home.  Honestly, I could have fired her at that point, but I chose to give her another chance because when she was at work, she did an excellent job.  Later in the week, Tabby asked to speak to me in private.  She explained to me that she had noticed Jackie ringing up her friends, but only scanning one or two of the items when there were clearly over 20-30 items on the counter.  I asked Tabby why she had not intervened and asked to see the receipt, but Tabby explained that she was on another register.  I then pulled the security tapes to validate Tabbys assertion, and they did.  I then contacted my regional manager.

Within the week, my regional manager showed up at my store.  He viewed the tapes and informed me that I was to insert a new tape into the surveillance system in my office.  I was then instructed to terminate Jackies employment immediately.  The regional manger signed the necessary forms, due to the fact that Jackie was being fired without a written warning (Shaw, 2010).  I called Jackie into my office that afternoon when she showed up for work.  I explained to Jackie the allegations that had been made against her without revealing the source. I explained to her that because this is a form of theft, she was terminated (Paetkau, 2007).  Jackie flew into a rage.  She insisted she was being fired because of her race.  I asked her to please turn in her nametag and company smock by the next day when she could pick-up her last paycheck. She continued her tirade throughout the store, knocked items off shelves, and broke things as she made her way to the door.  This made matter worse as I was required by company policy to contact the police to report the damages (Paetkau, 2007).  The regional manager also had to be contacted, and he chose to press charges for destruction of property and theft. The police dropped in at random and stated that Jackie fit the profile of someone who would try to retaliate in some way.  Two employees quit out of fear.
   
This was my first experience in firing someone, and I must say that it certainly has left a lasting impression.  If I had not listened to my assistant manager, my job would have been in jeopardy.  Theft creates problems with inventory and ends up costing the consumer more money for the products that they purchase.  Would I do things the same way today  Yes, I would because I was hired to do a job just as Jackie was hired to do a job.  My company had faith in me to uphold my position of employment and the responsibilities that it entailed.  I did what I was hired to do.  Jackie did not.