Been on Suspension for 5 weeks now, filed unemployment benefits but received a letter back saying I was suspended for misconduct. Haven't heard anything from the Union, since I first spoke to my union steward. It all boils down to that I told a customer, who was treating me like I was garbage and berating me while I was ringing up there order. After they where finished and groceries where in there cart, they continued to stand there and talk trash to me, I finally had enough and told them to F*cking Leave, my manager who was next to me ringing up costumers stopped and came over and took the person's statement down, even though both of the lines around me where clapping because of what I said. The manager had to hear what this person was saying to me, but did nothing to step in. I've been with the company for over a year and a half, never had a write up or anything, I've missed one day.
Here's what the misconduct code says:
If you were fired or discharged from your job because you did something that was not in the best interests of your employer, you may be disqualified from collecting benefits. This kind of discharge is known as "misconduct." There are three types of misconduct: simple, severe and gross. A simple misconduct disqualification (i.e. insubordination, lateness or absences with no written warnings from your employer) would begin with the week the firing or suspension occurred, and continues for the next seven (7) weeks. After the disqualification period ends, you may be eligible to collect benefits.
If you are discharged for severe misconduct, you are disqualified for benefits indefinitely until you work in new employment four (4) weeks and earn six (6) times your weekly benefit amount and become separated through no fault of your own. Examples of severe misconduct are: use of drugs/alcohol on the job, repeated violations of a company rule, repeated lateness or absences after receiving a written warning from your employer, destruction/theft of company property or misuse of benefits.
I don't think my misconduct was severe. Should I try and request a hearing?
If the customer was doing all that and people heard them they should have gave you a verbal warning. It happens all the time crazy people just get pushed out the store by LP and management. If its severe they will refuse the sale and kick them out.
honestly your best option at this point is probably to try and negotiate a resignment, you leaving the company rather than them officially firing you.
the thing about working retail is, the customer gets to act however they want, and you, the employee, must remain professional and keep a cool head no matter what kind of ******* you're dealing with. trust me i know it sucks but that's really how it is, not only at kroger but the majority of corporate retailers in general.
my advice for you is to find a new job. swearing at a customer is definitely something that can be filed under "misconduct" and disqualify you from any benefits.
with the union getting involved, the best case scenario would be that you get to keep your job. working at the same store with the same management and maybe that same customer still shopping there. think about that
Tell him to quit being a pussy and tell him to do his job or you're going to the National Labor Relations Board. This is your first offense and you have no previous write-ups. Tell him you made your dues NOW REPRESENT.
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My Views and Opinions do not reflect that of the Kroger company. I'm an indivdual expressing my 1st amendment right.
Man......I feel so hard for you. Everything you described should not have turned into this. I'm gonna roll with this for a second, because yours is a situation that happens to everyone in retail at some time or another.
At no point or under ANY circumstance should a customer be allowed to abuse you. Period. It happens, tho. Your only mistake was being human, and reacting how most any one else would. I am not saying you did anything wrong at all............It's only in the movies that scenes get played out the way they should. Real life? Reacting to an adrenaline producing situation, on our feet? Not so much.
Sure, pursue this. Do what Anon Cutter described. I would. It can't hurt at all. FIGHT IT AT EVERY LEVEL, YOU WERE NOT WRONG.
You cursed out a customer. The store manager is well within his rights to suspend you and terminate you. That is one of the big no no's at Kroger, it ranks right up there with theft. You can do a lot of stuff and get suspended etc, but when you curse a customer that is pretty much the kiss of death. Your business agent knows this and has chosen not to fight that battle, because it is one that he/she should not have to fight. I doubt the National Labor Relation Board will find fault with the termination as well.
Your best bet would be to talk to your business agent and see if you can make it a voluntary quit.
