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Tue 5 Apr, 2005 11:43 pm
I just have a quick question...
Suppose you are hired as a "bagger" for a grocery store. During one of your shifts, the manager asks you to clean the bathroom... This isn't listed in your job description (janitorial services)... Also, the manager does not provide you with rubber gloves or other gear which would make the job more sanitary. You refuse to do that job, stating it's not in your description. You get fired.
Would this warrant a lawsuit? What would happen?
I was just thinking about this, as a local grocery store has been well known for doing this - Asking employees (the young baggers) to clean the bathrooms and perform other janitorial services, even though it's not technically in the job description. Many of these "baggers" are minors... I used to work there, and the condition of the employee restrooms are pathetic - They at times look like a hershey factory, except, this isn't chocolate....
When you were hired, did you get to see the store's policy and procedure book? I have seen policies that have a clause that reads something like,
"....................................and other duties, as necessary". That is usually the firm's CYA sentence.
Are you talking about yourself? Do you want to collect unemployment, and are unable to because you were fired? Are you concerned about the youngsters, who are obliged to clean the toilets? Are these teenagers employed illegally? I would suggest that you give your local state employment service a call, and see if there is something that you can do.
Re: Is this wrongful termination?
RobertD wrote:Would this warrant a lawsuit? What would happen?
The bagger would most likely lose.
Unless the bagger has a written contract with the employer (very unlikely) or is a member of a union (somewhat less likely), he is an at-will employee. What that means, in practice, is that the employer can fire him for any reason or for no reason at all. Some states make exceptions in cases where the employer fires an at-will employee for "bad" reasons (like racial discrimination), but that doesn't appear to be the case here.
Nope, this hasn't happened to me, but it's been going on at a local grocery store. I had no intentions of filing a lawsuit or anything, I was just throwing this out to see what the general response is.
They do have a Union, by the way...
RobertD wrote:They do have a Union, by the way...
If the bagger belongs to the union, then any employment action must conform to the collective bargaining agreement. If it doesn't, then the bagger would be entitled to file a grievance with the union and (most likely) compel arbitration of the dispute.
@RobertD,
It depends in what state are you. In most cases, employees are classified as at will employees in which case you can be terminated any time with or without cause.
It is wise that you consult a lawyer as a wrongful termination case depends on several factors.
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