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12-23-2006, 12:46 PM
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#1
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Ink Slinger
Join Date: Mar 2006
Location: Montana
Gender: Male
Posts: 3,065
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Work Discrimination?
For all of you that don't know, I work at a gas station. Yesterday I was fined $150 for selling to a minor and I probably have to find a new job. No, it wasn't on purpose. Yes, I was busy at the time, but that’s not an excuse. They do "stings" which means a cop goes around and has a minor try and buy cigarettes. This kid was 17.
When you are hired at this gas station you have to sign a piece of paper saying that if you do sell to minors you are automatically going to be fired. No exceptions. Everyone signs this paper.
Two other employees have been caught selling to minors within the past year or two. They were not fired. I would assume the one guy wasn't because he has worked there for 8 or 10 years and would be hard to replace. The second guy, probably because he was well liked, good worker, and would be hard to replace.
Now there is me, the 20 year old kid who goes to college and doesn't plan on sticking around that long. Their going to fire my ass. I'm sure they will. Is this discrimination?
Good things,
Ty
__________________
Marriage is the only adventure open to the cowardly - Voltaire
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12-23-2006, 01:13 PM
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#2
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Wordsmith
Join Date: Sep 2004
Location: Back 'home' on Tinian!
Gender: Female
Posts: 11,445
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yes, it probably is... unfair, to say the least... but that's life, honeybun!... welcome to the cold, cruel world... see why i don't much like the human race?
if it helps any, you can be proud of yourself for accepting responsibility for your own inattention and not blaming anyone/anything else for your predicament... that others didn't, and were'nt held to account doesn't change anything, does it?... let's hope they make an exception in your case... but if they don't, you'll at least be on the moral high ground here...
love and consoling hugs, maia
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12-23-2006, 06:09 PM
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#3
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Profound Writer
Join Date: Oct 2006
Location: South Jersey, USA
Gender: Male
Posts: 1,045
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Yeah shit happens.
I only think it is discrimination if you have the same "good work history" with them as the other guys did. If you are new they can give you the boot... if you are an unreliable employee they can also give you the boot, but if you are a hard worker and are reliable, then maybe they will give you a break too.
Also check the wording on that form. If it says that everyone who sells to minors will get fired no exceptions, than it could be discrimination... but if by signing the paper you are only acknowledging the possibility of termination if you sell to a minor than it is not discrimination.
Let us know how it goes.
ps you got off easy with the fine. In NJ I think first time offense is $500.
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12-23-2006, 07:06 PM
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#4
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Adept Writer
Join Date: Jan 2004
Location: Ottawa
Gender: Male
Posts: 972
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I doubt you're going to find any legal grounds to call it discrimination, seeing as you signed a contract and they could probably come up with something about examination on a case-by-case basis. In all fairness though, I'd say they were being unfair to you.
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Society Blows
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12-23-2006, 10:54 PM
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#5
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Wordsmith
Join Date: Dec 2004
Location: New York
Posts: 5,240
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The best you could expect is that the other two guys get fired with you.
Just move on, I suppose.
__________________
Ruthless comments encouraged!
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12-24-2006, 12:38 AM
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#6
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Ink Slinger
Join Date: Dec 2004
Location: Melbourne Australia
Gender: Female
Posts: 3,065
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Just pay the fine. Besides, if you didn't plan on sticking around long, firing is eh.
It's probably discrimination, but you're really in no position to argue it. You've had no time to build the reputation your follow employees have.
Pay the fine, get over it.
__________________
'Beauty stands and waits with gravity to start her death-defying leap. And he, a little charleychaplin man, who may or may not catch her fair eternal form spreadeagled in the empty air of existence.' - Laurence Felinghetti, 'The Acrobat'
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12-24-2006, 04:17 AM
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#7
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Ink Slinger
Join Date: Mar 2006
Location: Montana
Gender: Male
Posts: 3,065
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The thing is I have worked there over a year. I have never called in sick, I don't just not show up for shifts and I always come in when they ask me to. If they need someone to fill a shift, I’m the one they call. One of the men that also had the same fine as me only worked for this place a few months longer than I have. Yes, they both are quite older than me and probably have a stronger relationship with the boss than I do.
Some of the employees think I may get fired since they can't keep letting this happen. But some also think they won’t fire me. The management is madder at the simple fact they actually do these "stings" on purpose to us, rather than me ending up being the guy getting caught. I sure get kind of scared when younger people come in and buy cigarette's, though.
But I’m still working and they don't know for sure if I’m fired yet. So I guess I will know on Tuesday when they all get back from Christmas break. Since this is the second time we got caught this year, we lose are license to sell tobacco for a week. That's like $25,000 the store is losing... They should fire my ass, lol.
The document said that selling to a minor will result in a automatic termination. NO EXCEPTIONS! I'm very sure on this. So I guess I can leave like a good little boy, or take the whole ship down with me. Or maybe they can come up with some kind of settlement in my behalf, hehehehehe.
Ty
__________________
Marriage is the only adventure open to the cowardly - Voltaire
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12-24-2006, 04:59 AM
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#8
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pliable
Join Date: Oct 2004
Location: Juneau, Alaska
Posts: 12,607
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There's an easy fix for your problem: ask for I.D. when someone wants to buy cigarettes.
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Quote:
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Originally Posted by Drzava
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Science
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12-24-2006, 06:05 AM
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#9
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Prolific Writer
Join Date: Apr 2006
Location: Western Australia
Gender: Male
Posts: 345
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Yeah, I was gonna say, why did you sell to a minor in the first place?
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12-24-2006, 10:03 AM
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#10
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Profound Writer
Join Date: Oct 2006
Location: South Jersey, USA
Gender: Male
Posts: 1,045
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Quote:
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Originally Posted by Ty_lol
That's like $25,000 the store is losing...
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It is not very likely that the store is losing $25,000 in a week of not selling cigs. The profit margin on tobacco is really low, and they probably only sell a few thousand dollars gross in a week. Most people don't buy cigarretes from gas stations.
And why DIDN'T you ask for ID? I used to work in a convenience store and I asked everyone.
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12-24-2006, 12:27 PM
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#11
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Ink Slinger
Join Date: Mar 2006
Location: Montana
Gender: Male
Posts: 3,065
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Like I said in the initial post, I didn't mean to. Sure, I should of asked and maybe I should ask more often. But I didn't purposely sell to a minor. Just was busy, some people look older to me, and I just let my judgment slide a little. But its my fault, I know.
Ty
__________________
Marriage is the only adventure open to the cowardly - Voltaire
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12-24-2006, 12:36 PM
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#12
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Moderator
Join Date: Jun 2003
Gender: Male
Posts: 1,523
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its discrimination, in the sense that they have deemed you less valuable to them than the two others who were caught doing the same thing. in terms of, like, legalese, i dont think you have a case at all.
and OBVIOUSLY you shouldnt have sold to minors. but like, i can totally relate. i cant even count the number of times ive fucked myself over by getting lazy  so youre in good company. or, uh, reprehensible company, depending on how you see it!
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His sins were scarlet, but his books were read.
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12-24-2006, 03:36 PM
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#13
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Prolific Writer
Join Date: Nov 2006
Location: Texas
Gender: Male
Posts: 441
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What’s life?
Assuming responsibilities,
responsibilities come with consequences,
consequences are not always fair
however, that’s life.
Not to wax philosophical, however, life is like flying an airplane…a moments inattention can cost you your life. That’s a rather extreme example I know…but appropriate in the sense that we should never get too hurried to do what’s right.
Having said that …I do hope that they give you another chance.
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