Alright so check this out I recently worked for target only 90 days exactly but then I was let go, very unfortunate but what was it for? And now going in a month and a half later, I find out my name has been slandered and I was fired because of a sexual harassment claim that was false against me so a separate employee claimed retaliation and that's what got me the boot. Keep in mind there wasn't a single moment where I was brought into HR and talked to about this. I know it's an at will state and even claims can get you fired but this is absolutely mind boggling to me. Side note I was an absolutely phenomenal worker, not even trying to boast I was just good at the job. So my question is do I have a case here and should I even attempt any legal action against the employer or the team members? Thank you.
Need some advice everybody, please read.
- Thread starter Stevon8r
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NKG
Nkg
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Are you in a state where you can be fired without probable cause?
Amanda Cantwell
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also how did you find this out? if HR wasn't involved, it seems to me that it's possible your source is faulty
IWishIKnew
This was supposed to be a seasonal job...
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I mean, I guess it's possible a couple TMs decided they wanted to see the end of you and conspired like this, but I agree with Amanda that it might be fishy.
And, realistically, even if it were true, the reality of our legal system is it's expensive and big employers like Target know how to avoid documentation of anything like this and everyone would just deny it. Employment law claims are notoriously difficult, and given that it's a retail job you were only at for 90 days, and Target has a "we can let you go for any or no reason in your first 90 days" policy it's highly unlikely you'd be able to prove anything or be able to claim significant damages, anyway.
Sorry.
And, realistically, even if it were true, the reality of our legal system is it's expensive and big employers like Target know how to avoid documentation of anything like this and everyone would just deny it. Employment law claims are notoriously difficult, and given that it's a retail job you were only at for 90 days, and Target has a "we can let you go for any or no reason in your first 90 days" policy it's highly unlikely you'd be able to prove anything or be able to claim significant damages, anyway.
Sorry.
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If you were fired for harassment they would have evidence and partnered with your HRBP and Legal to make sure every i was dotted and every T was crossed. It’s taken very, very seriously.
If you want to you can always call your store and ask to speak/sit down with the (E)TL HR and discuss your grievances, and let them know what rumors are floating around and how that’s affecting your life. Even if you no longer work there they should want to make sure that the Team isn’t discussing this and spreading more rumors.
I hope everything works out for you. Keep your chin up, your greener pasture is out there!
If you want to you can always call your store and ask to speak/sit down with the (E)TL HR and discuss your grievances, and let them know what rumors are floating around and how that’s affecting your life. Even if you no longer work there they should want to make sure that the Team isn’t discussing this and spreading more rumors.
I hope everything works out for you. Keep your chin up, your greener pasture is out there!
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I think there is more to this story, than op is saying. Without supporting documentation of their claim, spot is "at will" & can let you go any time during the 90 days. You were told that you were seasonal when hired? I think so.
Yes colorado
I was hired as a full time employee actually and I didn't mention that the harassment had been found to be untrue as they did not pursue it. Only a couple weeks or so afterwards was when the other employee accused me of retaliation towards the subject. Which in turn got me fired on my 90 day
redeye58
Hasta Ba Rista, Baby!
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Curious as to how you could be fired for retaliation for a sexual harassment claim you were apparently unaware of until after the fact.
You should've had the right to face your accuser, especially after the claim was unfounded.
Is job-swatting a thing now?
Sounds like a slander lawsuit would be in order.
You should've had the right to face your accuser, especially after the claim was unfounded.
Is job-swatting a thing now?
Sounds like a slander lawsuit would be in order.
Amanda Cantwell
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Again, where did you hear this from? Your HR? Or some random ™? There’s pieces missing to this story it sounds like
NKG
Nkg
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Sounds like the OP was let go for performance and all the the stuff was a contributing factor. In at your own will state you can be fired for no reason. If you want to fight for your job you can call your HR and state you felt like you were unfairly fired but if it comes out there was more or it was true it just makes you look like a clown 🤡 If it was not true and no performance issues then you might get it back.
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Spot takes sexual harassment very seriously & an investigation was done by your mgt. Spot got you on the 90 day thing & performance, as others have said. There are no real full time employees as a tm. Only Tl & Etl's.
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So a couple things.
1. You won't get anywhere with a lawsuit unless you can prove that a member of management (ETL or SD) has been telling people you were fired for sexual harassment.
2. You will also find a lawsuit is an expensive effort in futility if you can't demonstrate a financial loss as a result. Even if you can, as a base level TM your legal fees will far outweigh any potential benefit. This is true of sexual harassment victims as well. Most cannot afford to sue. It's not a DIY sort of thing.
3. No one is hired as full time except ETLs and higher.
4. They can let you go for any reason, including reasons that have nothing to do with you (like "we hired too many SFS people because pandemic and now that things have settled we don't need you.")
1. You won't get anywhere with a lawsuit unless you can prove that a member of management (ETL or SD) has been telling people you were fired for sexual harassment.
2. You will also find a lawsuit is an expensive effort in futility if you can't demonstrate a financial loss as a result. Even if you can, as a base level TM your legal fees will far outweigh any potential benefit. This is true of sexual harassment victims as well. Most cannot afford to sue. It's not a DIY sort of thing.
3. No one is hired as full time except ETLs and higher.
4. They can let you go for any reason, including reasons that have nothing to do with you (like "we hired too many SFS people because pandemic and now that things have settled we don't need you.")
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Quite simply, there is more to this case than what was posted. If (key word IF) this happened once it's very probable it can happen again. There is toxicity between the OP and other players in this arena of mediocrity so it's best to part ways, move on and try to forget about it. Just hope there is no paper trail following.
Really? Do they have definitions of what sexual harassment is? Is there a procedure to it, like there is with everything else?
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About the only thing I see here is a possible, repeat possible, liability in the area of slander or libel. (I know there's a difference, but I never remember the distinction.) If the store's leadership is aware of rumors going around about you among TMs and doesn't do anything about it, that could be actionable. But as others have said, there are several things working against you - legal action is expensive, Target is a huge and well-resourced company on the legal front, you were still within the 90 days, and you live in an at-will state. How far do you want to carry what's likely a losing cause? For a retail job that didn't last long enough to leave an awkward hole in your job history? (That's especially true now when a lot of people are losing jobs and will have employment gaps.) Weigh the pros and cons carefully; seems to me there are a lot more cons to pursuing a grievance. Life is too short.
That's every state. There is not a single state in the US that isn't At-Will employment.
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Sorry about the copypasta but I thought folks might find this useful.
The basic exceptions that some states require are the public policy exception, the implied contract exception, and the covenant of good faith exception.
Which States Have the Public Policy Exemption?
The public policy exception is similar to the federal requirements, but it can be pursued at the state level as well as at the federal level. It's one of the more widely applied exceptions, and these states are the only ones that do not follow it:
• Alabama
• Florida
• Georgia
• Louisiana
• Nebraska
• New York
• Rhode Island
Which States Have the Implied Contract Exemption?
The implied contract exception applies in states where employers have employees sign at-will employment contracts but include in the contract or employee handbook the statement that they will only be terminated for "just cause" or something similar. It is also broadly applied, and the only states that do not recognize it are:
• Delaware
• Florida
• Georgia
• Indiana
• Louisiana
• Massachusetts
• Missouri
• Montana
• North Carolina
• Pennsylvania
• Rhode Island
• Texas
• Virginia
Which States Have the Covenant of Good Faith Exemption?
Covenant of good faith is one of the broadest exceptions. It essentially requires that employers only terminate employees for just cause, even if the Employee Handbooks or Employment Contracts say nothing about that requirement. It is the narrowest exception, but it is the broadest in its application within the states that do recognize it. These are the states that recognize this exception to at-will employment:
• Alabama
• Alaska
• Arizona
• California
• Delaware
• Idaho
• Massachusetts
• Montana
• Nebraska
• Utah
• Wyoming
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If (when) an employee lies about sexual harassment you're screwed to put it mildly. You have no defense. There will be no proof. There will be no evidence. Get out and go where you're respected. Find something with a better employee base/demographic.
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Tessa120
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There is evidence, if it can be dug up. Witnesses. There's always someone. The only question is if they want to come forward. Of course witnesses work both ways. Witnesses can solidify a case if the accused is guilty.
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Dug up? Key word is IF Witnesses? Not necessarily so....slick operators are just that.....slick. Lot of holes in the OP post.
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Holes in the story are not good. You got have a complete story for people to give you right help. That being said forget the shitty spot and move on they are clearly not worth your time. Everyone is better than them.
