Need some advice from the masses

BlamoHammer

Platinum Member
Sep 21, 2002
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This morning I was pulled into an office and asked to write a statement about an occurance in our parking lot that happened on Saturday. Here is what happened:

I was leaving for my lunch break and was almost involved in a minor fender bender with another car that pulled out at about the same time I did. To avoid the oncoming accident I sped up a bit and another car that was pulling out almost hit me. All accidents were avoided and no one was hurt.

Apparently the second car that almost hit me was one of our district managers and he has accused me of driving recklessly. I don't think that he saw the first incident and simply thinks I was flying through our parking lot.

So this morning when I arrive to work, my manager sits me down and I write my statement about what happened. He then tells me that pending investigation into the matter I am suspended from work. (read: off until they get my final paycheck.)

My question is, since I am an hourly employee and this incident took place while I was un my unpaid lunch break, I am susceptible to disciplinary action? Officially I was not being paid and therefore on my own time. Anyone out there have an information on the legitmacy of their bullsh!t?

*Disclaimer* Rest assured that I have put in a call to our HR department and other appropriate people. I am just curious to hear as amny opinions as possible. And for what it's worth, I live in California

**EDIT** You know, my store rents the property on which our store is located. Would this matter at all? What rights do we hold over our parking lot. We share the shopping area with a furniture store. Is it possible to even hold me responsible for this if we dont OWN the parking lot?
 

BlamoHammer

Platinum Member
Sep 21, 2002
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Originally posted by: maziwanka
this is ridiculous. they cannot hold your pay for this.

fight them and wreak havoc.

It's not only holding pay, they want to fire me for it
 

UsandThem

Elite Member
May 4, 2000
16,068
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Originally posted by: Nitemare
You were on company property, no?

It this happened on company property (regardless if you were on or off the clock), you can still get fired.

I think that a district managers word would be enough to get you canned.

Hell, a lot of places can fire you now for smoking on company property.
 

BlamoHammer

Platinum Member
Sep 21, 2002
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Originally posted by: UsandThem
Originally posted by: Nitemare
You were on company property, no?

It this happened on company property (regardless if you were on or off the clock), you can still get fired.

I think that a district managers word would be enough to get you canned.

Hell, a lot of places can fire you now for smoking on company property.

WIll I be eligible to receive unemployment?
 

UsandThem

Elite Member
May 4, 2000
16,068
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Originally posted by: BlamoHammer
Originally posted by: UsandThem
Originally posted by: Nitemare
You were on company property, no?

It this happened on company property (regardless if you were on or off the clock), you can still get fired.

I think that a district managers word would be enough to get you canned.

Hell, a lot of places can fire you now for smoking on company property.

WIll I be eligible to receive unemployment?

Nope. You will be fired, not laid off. They will just say you were fired for safety violations.
 

IEC

Elite Member
Super Moderator
Jun 10, 2004
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ariafrost thinks BlamoHammer did nothing wrong and should not be penalized for his understandable actions.
 

BlamoHammer

Platinum Member
Sep 21, 2002
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Originally posted by: UsandThem
Originally posted by: BlamoHammer
Originally posted by: UsandThem
Originally posted by: Nitemare
You were on company property, no?

It this happened on company property (regardless if you were on or off the clock), you can still get fired.

I think that a district managers word would be enough to get you canned.

Hell, a lot of places can fire you now for smoking on company property.

WIll I be eligible to receive unemployment?

Nope. You will be fired, not laid off. They will just say you were fired for safety violations.


Since I am a glutton for bad news, is there any good news in this situation?
 

UsandThem

Elite Member
May 4, 2000
16,068
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Not that I can see.

After getting fired, you can write a letter to the DM's boss and try to explain what happened, but there is really no chance that he will believe you. He will believe the DM's statement.

Sorry.
 

Viper GTS

Lifer
Oct 13, 1999
38,107
433
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Originally posted by: UsandThem
Originally posted by: BlamoHammer
Originally posted by: UsandThem
Originally posted by: Nitemare
You were on company property, no?

It this happened on company property (regardless if you were on or off the clock), you can still get fired.

I think that a district managers word would be enough to get you canned.

Hell, a lot of places can fire you now for smoking on company property.

WIll I be eligible to receive unemployment?

Nope. You will be fired, not laid off. They will just say you were fired for safety violations.

Not entirely true, you can get unemployment even when fired (Speaking for Oregon, it's likely the same there).

OP:

I would seriously fight this, although it was likely poor judgment on your part being fired without warning for it is pretty lame.

When I was 16 I worked the night shift at a Class A Target store (read: large store). I drove a 1983 Tercel like it was a Ferrari, I hated the car & did my damndest to kill it. One night I came into the parking lot doing probably 40 (in a 15 or 25 mph zone), & broke all four tires loose on the turn into the lot. Lots of fun, & essentially no danger (far side of the lot, no cars nearby). Still a reckless & stupid move, especially with my manager sitting out front eating his lunch. :D All he said was "How about you slow down a little?"

Firing you for accelerating to avoid an accident is kinda lame, but unfortunately they DO have the right to do it. Fight if you can, explain, apologize, ass kiss, whatever, but realize that they CAN fire you (even if it's a bastard thing to do).

Viper GTS
 

Ogg

Diamond Member
Sep 5, 2003
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Do not hesitate to bug the shlt out of your HR dept.........someone in there will listen to you!!!!!!!!!!!!!!
Its their job
 

SpunkyJones

Diamond Member
Apr 1, 2004
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You avoid accidents in parking lots by stopping, not accelerating, but they should just chew you out a bit, not fire you.
 

BlamoHammer

Platinum Member
Sep 21, 2002
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Originally posted by: Viper GTS
Originally posted by: UsandThem
Originally posted by: BlamoHammer
Originally posted by: UsandThem
Originally posted by: Nitemare
You were on company property, no?

It this happened on company property (regardless if you were on or off the clock), you can still get fired.

I think that a district managers word would be enough to get you canned.

Hell, a lot of places can fire you now for smoking on company property.

WIll I be eligible to receive unemployment?

Nope. You will be fired, not laid off. They will just say you were fired for safety violations.

Not entirely true, you can get unemployment even when fired (Speaking for Oregon, it's likely the same there).

OP:

I would seriously fight this, although it was likely poor judgment on your part being fired without warning for it is pretty lame.

When I was 16 I worked the night shift at a Class A Target store (read: large store). I drove a 1983 Tercel like it was a Ferrari, I hated the car & did my damndest to kill it. One night I came into the parking lot doing probably 40 (in a 15 or 25 mph zone), & broke all four tires loose on the turn into the lot. Lots of fun, & essentially no danger (far side of the lot, no cars nearby). Still a reckless & stupid move, especially with my manager sitting out front eating his lunch. :D All he said was "How about you slow down a little?"

Firing you for accelerating to avoid an accident is kinda lame, but unfortunately they DO have the right to do it. Fight if you can, explain, apologize, ass kiss, whatever, but realize that they CAN fire you (even if it's a bastard thing to do).

Viper GTS

I'll have to research on unemployment. I mean, come on, I live in California! If someone can sue for being burned by clearly labeled hot coffee I get unemployment for being fired for avoiding an accident!
 

Nitemare

Lifer
Feb 8, 2001
35,461
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Originally posted by: Ogg
Do not hesitate to bug the shlt out of your HR dept.........someone in there will listen to you!!!!!!!!!!!!!!
Its their job

Managers word > peeants word...

Just bang your managers wife and call it even
 

dullard

Elite Member
May 21, 2001
25,820
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Originally posted by: BlamoHammer
Since I am a glutton for bad news, is there any good news in this situation?
Good news is that one of the following is probably true:
1) You were on the way out anyways, your boss and/or district manager dislikes you and they just needed a reason to fire you.
2) You work at a horrible place that fires for stupid things and thus it will be nice to move on to a job where employees are respected and trusted.

That said, I still am having a hard time picturing the senerio you describe where it is safer to floor it instead of stopping and letting the other person through. Maybe you just have to reword it or use more details so I can understand exactly why flooring it was safer (it can be in rare cases).
 

Viper GTS

Lifer
Oct 13, 1999
38,107
433
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Originally posted by: SpunkyJones
You avoid accidents in parking lots by stopping, not accelerating, but they should just chew you out a bit, not fire you.

I would agree completely, unfortunately one of the pitfalls of at will employment is you can be canned for any reason at any time.

Of course that also means you can walk at any time for any reason, it's all a compromise.

Viper GTS
 

BlamoHammer

Platinum Member
Sep 21, 2002
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Originally posted by: dullard
Originally posted by: BlamoHammer
Since I am a glutton for bad news, is there any good news in this situation?
Good news is that one of the following is probably true:
1) You were on the way out anyways, your boss and/or district manager dislikes you and they just needed a reason to fire you.
2) You work at a horrible place that fires for stupid things and thus it will be nice to move on to a job where employees are respected and trusted.

That said, I still am having a hard time picturing the senerio you describe where it is safer to floor it instead of stopping and letting the other person through. Maybe you just have to reword it or use more details so I can understand exactly why flooring it was safer (it can be in rare cases).


The car that was going to hit me was behind me. Stopping woud have equaled bumper repair
 

DPK

Senior member
Jan 10, 2000
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Usually when someone pulls out without looking I will stop and let the idiot go or (if too far going) I will blow the horn and move over and hope they notice. However, I was not there so I'll take you word for it. Is there a camera in the parking lot that might show what happened? Go and ask.
 

BlamoHammer

Platinum Member
Sep 21, 2002
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Originally posted by: DPK
Usually when someone pulls out without looking I will stop and let the idiot go or (if too far going) I will blow the horn and move over and hope they notice. However, I was not there so I'll take you word for it. Is there a camera in the parking lot that might show what happened? Go and ask.

No there are no cameras. I understand where the district manager is coming from, he had no way of seeing what happened before he saw me, but I also know that I would not fire someone for something like this unless it was a repeat event.

 

eigen

Diamond Member
Nov 19, 2003
4,000
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ar-15.
Move office to office.
Leave those alive who were cool.
every one else is a target.

or at least steal a bunch of stuff on the way out.
 

Ynog

Golden Member
Oct 9, 2002
1,782
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I'm going to say yes.

Especially since you were an hourly employee (assuming you are most likely at will)

The I'm off work property, doesn't hold water. Its a company thing.
Some companies fire people for DUI. That was on someones own time right.
While extremely different cases, the same underlier, being on your own time.

Now hopefully they wil hear you out and realize you were trying to avoid the accident
and not fire you. But they can if they want.