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Chief
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.
If I didn’t want the product anymore I would have looked into returning it, gifting it or donating it.
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.
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.
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.
@ 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.
Chief
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.
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.
Chief
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.
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
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.
Rising Star
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.
Chief
The "attitude" referred to has to do with your attitude that you should sue the company for firing you for unethical behavior.
I would think if you purchased & owned it you would be free to resell the item?
Chief
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.
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.
Rising Star
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?
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.
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.
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....!!!
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.
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
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.
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
That was a stupid move on your part. Time to face the consequences, unfortunately.
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.
Chief
"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.
It may be difficult to find a reputable lawyer to consider taking this on as a case. although, I have seen
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?
Oh yes, the management was definitely "jealous" and they definitely "didn't think it first"!!