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      12-10-2011, 08:56 AM   #1
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umm is this legal?

Edit: Ill just deal with it on my own

Last edited by burningchicken; 12-10-2011 at 02:04 PM..
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      12-10-2011, 09:00 AM   #2
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I wouldn't waste my time, just move on.
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      12-10-2011, 09:01 AM   #3
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Sorry - what am I missing. You gave two weeks notice, "Quit" to go to school? The laws different in the US that you can just hold a job indefinitely and show up when you need too?

I am not saying this is a great situation and was handled well but a business needs employees to work on an ongoing basis. Unless you got something in writing I think you are SOL.
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      12-10-2011, 09:18 AM   #4
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You quit your job man, so there is no such thing as "they didn't tell me I was fired" or anything.

They are in right to do so, even though the guy was a douche for leading you on. Move on, it is a job for a Cupcake bakery... not fricking CEO of Apple.
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      12-10-2011, 09:22 AM   #5
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Quote:
Originally Posted by abisson View Post
You quit your job man, so there is no such thing as "they didn't tell me I was fired" or anything.

They are in right to do so, even though the guy was a douche for leading you on. Move on, it is a job for a Cupcake bakery... not fricking CEO of Apple.
I understand that it is just a bakery, but the point is, it was a job. I now have no job going into the winter break and will most likely not be able to find one in time. I pay for school completely myself, so excuse me if i'm a little worried about not being able to pay for tuition next semester.

oh and btw, all other employees are kept on payroll. Even the seasonal ones. Its right next to Georgetown University so 75% of the employees are part time/seasonal.
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      12-10-2011, 09:26 AM   #6
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were obviously not going to tell you what you want to hear,

so find a new yob
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      12-10-2011, 09:29 AM   #7
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Why would you think that you have any legal action against them?
You quit, they don't want you back end of story.

Curious though whats your major?
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      12-10-2011, 09:31 AM   #8
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Quote:
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Why would you think that you have any legal action against them?
You quit, they don't want you back end of story.

Curious though whats your major?
mechanical engineering with an industrial design minor
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      12-10-2011, 10:42 AM   #9
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Sucks but nothing you can really do...I go to GU and know a couple people who work there, seems a bit unorganized behind the scenes
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      12-10-2011, 10:51 AM   #10
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Georgetown Cupcakes makes some seriously good cupcakes.

Sorry to hear man. I would just move on.
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      12-10-2011, 11:36 AM   #11
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Seasonal or not... You quit. They don't have to fire you since you gave a two weeks notice
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      12-10-2011, 11:37 AM   #12
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Quote:
Originally Posted by burningchicken View Post
Okay, long story.. so brace yourselves :/

I'm a college student and over the summer I worked at this bakery in DC called Georgetown Cupcake. When I left for school, everything was fine, I gave my boss a two week notice and he told me to let him know when I would be back for breaks.

A little while after I left, an employee, Girl M, was fired for essentially calling a customer a bitch. Girl B was also fired because she knew about the incident and tried to fix it by apologizing to the customer and giving free cupcakes. She tried to make up for it without telling a supervisor, so she was fired. This was late August.

Three weeks before my Thanksgiving break, I emailed my hiring manager and told him that I would be returning soon to work. I received no response through email or phone. My brother also works there and could not get a straight answer from him about whether I could work or not.

I went in during my break to speak with him, but unfortunately, he was not there. While I was there, though, a coworker asked me to cover his shift for the next day. I asked a manager if I could, and she said it was fine.

That night I received a message from my coworker asking why I couldnt cover for him anymore. Apparently, the hiring manager had called him and directly told him that I was not allowed to work.

The next morning I called the hiring manager and asked why I couldn't cover, and he said it was because there were "issues with the payroll" so I wouldnt be able to work during the break. I asked him if I would still be able to return for winter break and he said "it shouldn't be a problem, just send me your availability."

Two weeks ago I emailed him saying when I'm coming home. Once again, no responses. My brother this time went to go talk to one of the owners instead. The owner said that I was "no longer allowed to work" for them. He said that the reason is similar to the reason why Girl B was fired.

Yes I knew about the incident, but I assumed Girl M and B would take care of it. I just didn't want to get involved and risk my job. My only connection was that I was working that day when it happened.

Since Girl B was fired back in late august, they clearly "fired" me three and a half months ago too. They did NOT notify me that I was fired. Not only that, the hiring manager led me on to believe that I still had a job there and that I could return to work.

Did the business break any laws by:
1. Not notifying me that I was fired.
2. Leading me on for almost 4 months to believe that I still worked there.

If so, is this something that I can sue them over? If so, should I?

BTW they still have not contacted me and told me that I am fired.

You made cupcakes, and you don't work there anymore. Your upset by this how? Chances are you can find a job which is probably easier and pays more, but the real upside to getting a different job is you now wont be a grown ass man making cupcakes, fer fuck sakes.
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      12-10-2011, 11:38 AM   #13
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were obviously not going to tell you what you want to hear,

so find a new yob
+1.
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      12-10-2011, 11:50 AM   #14
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Tl;dr so I don't know what State you are in, but a lot of states are "at will states", meaning an employer can fire you whenever the hell she/he wants for any reason.
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      12-10-2011, 11:58 AM   #15
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First off, while it's will create some challenges for you this winter break, you have no legal standing against your employer.

Second, look at it from the employers perspective. I would have done the exact same thing. You have an incident that occurs that has the potential to seriously damage your small business. You have the offending employee, another one that actually tried to help cover it up and another employee that watched it happen, knew about it and yet said nothing to management/ownership.

Small business owners often have everything invested in the company. I have a great staff and a good relationship with them, but I will do whatever is necessary to protect my business interests. Unfortunately, that involves parting ways with staff that jeopardize that.
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      12-10-2011, 12:36 PM   #16
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Technically you did quit. I would look for a new job. Many retail stores are looking for seasonal employees. If you want something FAST I would go to a restaurant and talk to a manager.
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      12-10-2011, 01:00 PM   #17
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Quote:
Originally Posted by Cdnrockies View Post
First off, while it's will create some challenges for you this winter break, you have no legal standing against your employer.

Second, look at it from the employers perspective. I would have done the exact same thing. You have an incident that occurs that has the potential to seriously damage your small business. You have the offending employee, another one that actually tried to help cover it up and another employee that watched it happen, knew about it and yet said nothing to management/ownership.

Small business owners often have everything invested in the company. I have a great staff and a good relationship with them, but I will do whatever is necessary to protect my business interests. Unfortunately, that involves parting ways with staff that jeopardize that.
While I understand why they would want to fire me, I dont understand why it was just me. There were at least 10 other employees working that day that knew about it too.

I also get that technically I did quit, but that doesn't mean they should have led me on as they did.

And btw, the store is NOT a small business. Our store alone makes over 30k in pure profit per day. There are currently two other locations in Maryland and NY with a 4th coming soon in chicago. The now 5 owners all make millions per year mainly because the store is on a reality show called DC cupcakes.
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      12-10-2011, 01:17 PM   #18
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      12-10-2011, 01:20 PM   #19
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Quote:
Originally Posted by burningchicken View Post
While I understand why they would want to fire me, I dont understand why it was just me. There were at least 10 other employees working that day that knew about it too.

I also get that technically I did quit, but that doesn't mean they should have led me on as they did.

And btw, the store is NOT a small business. Our store alone makes over 30k in pure profit per day. There are currently two other locations in Maryland and NY with a 4th coming soon in chicago. The now 5 owners all make millions per year mainly because the store is on a reality show called DC cupcakes.
So pretty much you quit, wanted your job back, they lead you to believe you may get your job back, and ultimately they didn't give you your job back and now you're pissed off and want to sue them because you didn't get the job back you quit from?
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      12-10-2011, 01:32 PM   #20
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Quote:
Originally Posted by burningchicken View Post
While I understand why they would want to fire me, I dont understand why it was just me. There were at least 10 other employees working that day that knew about it too.

I also get that technically I did quit, but that doesn't mean they should have led me on as they did.

And btw, the store is NOT a small business. Our store alone makes over 30k in pure profit per day. There are currently two other locations in Maryland and NY with a 4th coming soon in chicago. The now 5 owners all make millions per year mainly because the store is on a reality show called DC cupcakes.
How did you afford a 335i, while paying for college, and working at a cupcake bakery...

Just saying, you must not be THAT tight in cash. The difference between working at that cupcake place and like McDonalds or anything else will probably be 2-3$ an hour. (I assume you weren't getting payed 20$ an hour).
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      12-10-2011, 01:47 PM   #21
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Quote:
Originally Posted by abisson View Post
Quote:
Originally Posted by burningchicken View Post
While I understand why they would want to fire me, I dont understand why it was just me. There were at least 10 other employees working that day that knew about it too.

I also get that technically I did quit, but that doesn't mean they should have led me on as they did.

And btw, the store is NOT a small business. Our store alone makes over 30k in pure profit per day. There are currently two other locations in Maryland and NY with a 4th coming soon in chicago. The now 5 owners all make millions per year mainly because the store is on a reality show called DC cupcakes.
How did you afford a 335i, while paying for college, and working at a cupcake bakery...

Just saying, you must not be THAT tight in cash. The difference between working at that cupcake place and like McDonalds or anything else will probably be 2-3$ an hour. (I assume you weren't getting payed 20$ an hour).
^^^This ^^^
If money was that tight, you could always sell the car...point is, we all get the fact you should be mad, I'd be pissed to. Though, you are trying to make a big deal out of something that really isnt that big. Shit happens, deal with. Go find another job and stop complaining that your boss or whoever was an ass to you.
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      12-10-2011, 01:56 PM   #22
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The only way i could think you might have a claim is if they let you work there (even though you had been unknowingly "fired"), but then refused to pay you for hours worked.
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