I got terminated from my job for purchasing something using my employee discount and putting it on Social Media for resale. I had been with the company for almost 8 years without any problems. I think it was unfair and should have been handled differently. Does anyone know if I can sue them for wrongful termination?

likefunnyhelpful
Posting as :
works at
You are currently posting as works at
Highlighted IconHIGHLIGHTED

You can try, but you will lose. Quickly.

"It's not in the handbook" is the lamest excuse for doing something that is clearly unethical. Does ANY handbook have a prohibition on peeing in the hallway? No? So that means you can't be disciplined for peeing in the hallway?

What you did was unethical, period. You took advantage of an employee perk and tried to profit from it. Now, I know that a bunch of people are going to scream "HR sucks!!" and "all companies do is screw over employees, so employees should do unethical things!", but the fact remains that you unethically took advantage of something the company provided to you and profited from it, or attempted to.

You have literally zero legal case here.

likefunnyhelpfulsmart

If I didn’t want the product anymore I would have looked into returning it, gifting it or donating it.

likefunny

Respectfully, I think what is more worrying is your lack of self awareness. The whole point of a company discount is an incentive reward exclusively for their employees therefore your decision to resale on social media to make profit signals a lack of integrity and judgement. Rather than finding a lawyer to sue why don’t you use this time for reflection to see how you can do better. On a different point, if you need a reference from this company for another role, there is a chance it may not help you. You can try suing but I think a a lawyer would see this case as a way of making a quick buck knowing you have no case. It would good use of your energy to reflect of why you made such a poor decision that has now cost you your job and how you can do better in future. The key is learn the lesson and don’t repeat this type of poor judgement.

likehelpful

No, it’s not like taking vacation, it’s like taking the stationary from your office and sell them online for $$$

No, your employer didn’t raise your rent, they are not responsible to pay you more because your landlord has raised your rent. If they didn’t fairly compensate their employees then the employees can go find another job, if the employees don’t then that’s “poor judgement” on the part of the employees, not the employers.

like
Recent IconRecent

Friend of mine worked in high end luxury retail and got sacked for the exact same thing. She ratted on a bunch of other people before she left and a bunch of them were sacked too. This is one of the things in retail that you just don’t do.

like

@ Human Resource Director 1. I completely see your point that it’s unethical and @Senior Software Engineer 1 point lacks basis. The bottom line is the OP has been dismissed as a result of their actions therefore no point flogging a dead horse. To @senior Software Engineer - you seem to have emphasised the word “MY” with caps - the fact is nothing in that company belongs to the OP aside from fulfilling their contractual obligations which I can assure does not include reselling a company perk exclusive for their employees on an open market on social media because it belongs to them. I have discounted gym membership as so many other perks that I have never resold to make profit. The company owes OP nothing they. Hopefully you can now calm down as I see you are on every comment asserting your point. Perhaps find a way to contact the OP and offer them a position in your company.

like

Thanks.

I just want to make clear that it is my *opinion* that what they tried to do was unethical. The FACT is that there is no tort here and no basis for a wrongful termination lawsuit.

And I'm only arguing the FACTS.

like

I got fired over an email I sent over Christmas decorations an all I did was ask why I had to take them down an he said that I threatened him. That's Ballad Health for ya. But can't sue cause they have more money than I do an its Virginia a right to work state they can fire over anything an get by with it.

likefunny

You have no idea what "right to work" is. Right to work applies ONLY, SOLELY to unionized workplaces. Period, End. It has NOTHING to do with whether they can fire you for any or no reason. That's called At-Will employment.

like

yes you did the wrong thing . stop posting everything
that’s the problem.. could have sold it privately
but instead you put your unethical business out there
Yal can’t keep a secret to save your own life

like

Does anyone ever take responsibility for their own actions or do they just blame someone for doing them wrong when it was them who did it in the first place.

like

You purchased with the intent to flip it for a profit. And your defense is that it was not explicitly forbidden in writing in the handbook, so they have no right to dismiss you for cause? Am I reading that correctly. Have you done this before, but this is just the first time you got caught?

It might have been possible to avoid getting fired, but not with that attitude.

like

The "attitude" referred to has to do with your attitude that you should sue the company for firing you for unethical behavior.

like

I would think if you purchased & owned it you would be free to resell the item?

likefunny

Not if the company says they're not, especially when the admitted intent was to profit off of the employee perk of a discounted product.

like

Out of curiosity, did you buy it, and then turn around immediately and resell it at a higher price? Or is it something you bought used and eventually couldn’t use so then you tried to sell it down the line? For instance, if you bought a piece of exercising equipment and used it for a while and then moved, but you didn’t have space in your new home for it so rather than to throw it in the trash, you tried to sell it to recoup the money you spent, I think that would be a different situation then buying a normally $500 items for $300 (with your discount) and then turning around and selling it for $500.

like

Seven! I totally missed that. If so, I doubt this is the first time. So that means the 8 years working there with no problem, likely means I never got caught before so I figured no one cared. Since they can go back and track prior purchases, a damning pattern of behavior may have emerged. If so, I certainly wouldn't think about filing suit, lol.

Glad you opened the can of worms?

funny

As a person should be terminated. I have been in retail for over 30 years and each employer is the same- using your employee discount for resale, non-dependent use is grounds for termination. It is theft and fraud it’s that simple. If I was looking at resumes and past employment I would not be hiring you.

Associate discounts are only for your own personal item. You can use to purchase gifts. But once you receive money on the product you purchased (for a financial gain or not) it’s now theft.

like

Not sure why people are so against resale… as if you can police everyone and everything. What if you bought something and never opened it for a long time and don’t need it anymore. Or the offerings are really bad and you just bought some random thing and have no need for it.

This situation reminds me of the saying, “Don’t hate the player, hate the game”. If there are loopholes, then there are exploits. Maybe the company offers something that can’t be resold on marketplace, like more PTO or catering food… I find it odd the negative comments when talking about this. The system is already flawed, so expect results to be the same.

like

Do you know this person? It sounds like you do.

You definitely need to contact Legal Aid of the Bluegrass with this one, I guarantee you they will eat this case up and get you everything that you deserve and more. Contact them ASAP....!!!

likefunny

You can sue anyone for any reason whatsoever. However, winning the case is another matter. And if you lose, you will be responsible for paying not only your attorney fees, but the defendant’s as well.

Move along and learn a lesson.

like

Lmao clearly this is a justifiable reason to get fired. If it were one item you possibly have a case but come on… 7 items with the sole purpose of reselling them at a higher profit. Crazy

like

The Civil Rights Act of 1866: This federal law (42 U.S.C. § 1982) explicitly guarantees that all citizens have the same rights as white citizens to inherit, purchase, lease, sell, hold, and convey real and personal property.

Provided you did not sign this right away when you purchased the property from the company i would think you have a case based on termination for a legally protected act performed outside of the work place. Similar to speech and religion commerce is also a civil right. As to the morality that doesnt matter in court and companies abuse that all the time. Im not a lawyer but neither are the hr people that have been brainwashed to protect the company ahead of its employees. If you signed something saying you wouldent resell then you have no case. A lawyer could probably add more depth but they will want money to even talk to you.

likefunny

I personally work for a company that will fire you if you purchased a product using your discount and then proceed to sell online for ant tiyoe of profit. You will be FIRED. Granted it’s not in any handbook given to anyone, but the caveat is how long did you have said product. If you purchased it held on to it for an extended period of time showing that you purchased said product without ill intent towards the company you may have a leg to stand on but if you purchased and then immediately posted the product to sell then you set yourself up to fired because you purposely undercut your said companies bottom line and code of ethics. There is more to this story that's not being told. Morale of the story is, if you're gonna do some unethical stuff don't do it in the public eye then get mad when karma slaps you in the face

like

That was a stupid move on your part. Time to face the consequences, unfortunately.

like

This “One” unethical act as an employee does not get a person terminated with any company. This is merely the tip of the iceberg, there is no doubt more to this story over a period of their employment. Although unethical this one infraction would only trigger a first write up. Obviously if the dollar amount were high enough and if the selling was immediate after the Employee Discounted purchase that could certainly have a baring. And should someone be chatting about it with office mates that could trigger more severe repercussions.

like

"One" incident can absolutely get someone fired. Perhaps you're not in the US?

There is no law requiring warnings prior to termination. If the company felt that the ONE thing was sufficiently unethical/serious/whatever, they absolutely can fire.

like

It may be difficult to find a reputable lawyer to consider taking this on as a case. although, I have seen

like

How did they know? Is it possible that they wanted to fire you for other reasons? Or do you think that management was jealous that they didn't think it first?

like

Oh yes, the management was definitely "jealous" and they definitely "didn't think it first"!!

like

Related Posts

Anyone at Deloitte in nyc?

like

Has anyone returned to HSBC after quitting with a better hike ?

like

Any thoughts on which parts of Sales Ops should be in Sales and which in Finance? Is there a good way to differentiate between the 2 groups?

Hi does someone handle workers compensation cases? I have one case and settled it. I have a quick question about the next steps and closing documents. Please DM if you can assist. Much appreciated!!!

like

What is the notice period in oracle. Resignation process

like

What are your thoughts about putting an explanation for the current gap (as in, I haven’t been working for several months) on your resume, LinkedIn profile or cover letter? If you think it should be included in one of these places, how would you do it?

like

How to prepare for an Uber program manager interview? What questions will the hiring manager ask?

like

Negotiation in new offer: I’m moving from fully remote to fully in office (with chance of hybrid later) offer for associate director in quality in pharma for 170k base, 18% bonus and 75k equity. I’ve asked for a sign on bonus as I’m not eligible for annual next year and will be missing my current jobs bonus. I should hear tomorrow (asking for 28k). Thoughts about the offer? Should I ask for more equity or is that standard? They’re public (currently ~$20)should I get the hybrid option in writing?

like

Hello Fishes,
How is Honeywell Process Solutions (HPS) w.r.t work life balance? Also what's the salary range for Band 3.

helpful

Not sober currently. But think about it.
What happened to all your mates when you stopped? Did they dump you (because you make them feel guilty for drinking)? And what if your wife drinks too?

like

What are the easiest practices within S&C to go from A to C? Or does this not really matter? Anywhere I can objectively see the performance of each practice?

like

What are the best consulting firms for PE and VC exit, please include boutiques not just obvious ones

like

I find myself struggling the explain things with the same eloquence as my colleagues. How can I improve my consulting speak? Any recommended books?

like

What’s the salary range for Manager role with 14 YOE .NET in PwC AC Bangalore?

like

Bangalore AC. Senior Associate 2. What's the salary band?

like

Is there an in-house Amazon creative department in Chicago or NYC? Which office makes the good brand commercials or are they made by agencies? Can’t find Amazon creative recruiters on LinkedIn.

likehelpful

TC New grad Software Engineer
Base: $110k
Sign-On: $35k
RSU: $120k/3years
Relocation: $20k

Starting fresh with virtually $0 savings and $0 worth of financial literacy, whats the best course of action? any advice is greatly appreciated!

like

Hello Fishes.. Does novartis asks you to do a IBM course before joining? They have asked one of my friend to complete IBM course certification before joining the org.

like

Additional Posts in The Worklife Bowl

Friendly reminder: please clean your phone as often as your hand 🖐

Post Photo
likehelpfulfunny

Looking for ergonomic office chair recommendations, budget is $500. Any suggestions?

like

Everyone, please start book marking your nominees for "Fishbowl Thread of the Year."

Planning prizes (gift cards?) for 1st/2nd/3rd place by most votes on 1/1/2021 12 PM CST

My money is on the "Singles in Consulting" bowl having some juicy stories.

like

Last week I had to explain to my child what “politics” (as in office politics) is. My child is going to a new high school and wants to play volleyball. There was a 3 day open “tryout” for incoming freshman for 2 teams. After the first day, she noticed that
1) there were obvious favorites (coaches are not even hiding that fact);
2) some can’t even play and got on the team,
3) some that can obviously play but did not get on the team;
4) decision were obviously made before the first day was over.

like

...First date ideas during a pandemic?

likefunny

Anyone found an affordable adjustable standing desk they like? I have an iMac and a laptop is like to be able to fit on it.

like

What do you tell yourself when you’ve had the worst day?

likehelpful

Anyone wanna pay for my vacation to Disney world?

like

How can I sign up to be a Moderna test patient for the vaccine?

like

Last song you listened to.. go!

likehelpful

I have a yahoo email address. Does having one appear to be outdated compared to google?

funnylike

Anyone else crave lazy days on the weekend but then feel super guilty for not being productive?

likefunnysmart

I want to work for The Walt Disney Company corporate offices. Anywhere. I don't care where there's an office. I want to work for that company. I don't know how to drive in rain or snow, but if they have an office in places that snow, I WILL MAKE THE SACRIFICE 🤣

But I still have questions though 🤔 -

What is the culture like?
What are the work hours?
Does Disney pay for relocation for new hires like some of the FAANG companies do?

@

like

Anyone have any good book recommendations?

like

Anyone noticing their feet getting super cold? Room temperature is at 76f, body is also at regular temperature. Feeling perfectly fine otherwise.

like

Moving to another country soon, any tips on how to prioritize stuff when packing? Gonna take 2 check -in and 1 hand luggage

like

Want your input! What kinds of things would you have liked (or did you like) from your friendly neighborhood HOA welcome committee. No idea on budget but I want your ideas!

like

My professional life at the moment is far from ideal. I’ve been on quarantine (long story, but a good one) for the last seven years. Royalties from my books don’t pay the bills. My entrepreneurial pursuits remain hampered. For the interim, I’ve been looking for a remote opportunity where I can leverage my skills in marketing, sales, social media, and elsewhere for a decent sum. I have a social media presence which, in recent years, reached millions. There has to be something exciting I can do.

like

Y'all heard about California fires, but lemme tell you, you ain't heard about California fires. Taken today way past sunrise in downtown SF. More on the subreddit if you want some mild hell-scapes.

Post Photo
like

New to Fishbowl?

Download the Fishbowl app to
unlock all discussions on Fishbowl.
That was just a preview…
Sign Up to see all discussions
  • Discover what it’s like to work at companies from real professionals
  • Get candid advice from people in your field in a safe space
  • Chat and network with other professionals in your field
Sign up in seconds to unlock all discussions on Fishbowl.

Already a user?
Login here

Share

Embed this post

Copy and paste embed code on your site

Preview

Download the
Fishbowl app

See what’s happening in your industry
from the palm of your hand.

A phone with Fishbowl app

Scan your QR code to download
Fishbowl app on your mobile

Download app

Sign up for free to view this conversation on Fishbowl

By continuing you agree to Terms of Use and Privacy Policy

Already have an account? Log in

Sign up for free to continue using Fishbowl

By continuing you agree to Terms of Use(New) and Privacy Policy(New)
Messaging rates may apply

Already have an account? Log in

For account settings, visit Fishbowl on Desktop Browser or

General

Legal