Expert: Thomas R. Ballas - 2/27/2009

Question
QUESTION: I was recently terminated from my position as a store manager with a dollar store.  The reason I was given for my termination was a violation of company policy (leaving a non-manager in the store unsupervised).  The "violation" occured on a day that I went to the emergency room as a result of a previous work-related back injury.  I contacted my immediate supervisor twice, once prior to leaving the store, and after leaving the emergency room.  The first call allowed me to make contact with him and inform him of my plans to go to the emergency room, however the second call only got me to his voicemail.  I never received confirmation from him or any other company representative, with exception of another store manager who had been instructed to cover my store.  Upon my return to work the following Monday I was informed that I was being terminated.  In addition I did not receive my pay check for the two days I worked the previous week.  I was a salaried employee, can they withhold my paycheck?!

ANSWER: Brandon:

Most states require you be paid out quickly when terminated.  You can check your states requirement online by going to the website and looking under employment, or let me know the state and I will assist.

Tom Ballas

---------- FOLLOW-UP ----------

QUESTION: Thanks for your quick response Tom.  I was able to contact the company payroll department & get confirmation that a paper check had been mailed.  I also wanted to ask if you think I could take legal action for wrongful termination.  I know that Texas is an at will state, but I find it troubling that a company is able to fire an employee for violating a policy in light of needing immediate medical attention.

Answer
Brandon:

I believe you would have difficulty making a successful case.  At the end of the day, the Company will point out you did, for a good reason, but nonetheless did, leave the store with a non manager.

I would let it go, and move forward.

Tom Ballas