Archived Wrongful Termination

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Hello,

I have been with Target for nearly 4 years and am a bit ashamed to say i dont still have my handbook to look back on these rules for myself. Recently a team member was hired and started Sept 25th, and during her first 90 days she had received a verbal talk about work performance that i assume she worked towards correcting due to the fact that she just received her 90 day review. Today her 94th day, she was terminated for performance by an ETL without ever signing any correctives. Based on the fact it was again performance, could she have legally been terminated without following the whole PDD/Corrective/Final/Termination path? or is the ETL in the wrong for not following policy for employees that pass their 90 days?
 

commiecorvus

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I tell you, the one thing I've learned on this board is that figuring out if policy and procedure was followed correctly based on a five sentence post is pretty much like pissing into the wind.
There just isn't enough information, background or structure to not get wet.
 
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Hello,

I have been with Target for nearly 4 years and am a bit ashamed to say i dont still have my handbook to look back on these rules for myself. Recently a team member was hired and started Sept 25th, and during her first 90 days she had received a verbal talk about work performance that i assume she worked towards correcting due to the fact that she just received her 90 day review. Today her 94th day, she was terminated for performance by an ETL without ever signing any correctives. Based on the fact it was again performance, could she have legally been terminated without following the whole PDD/Corrective/Final/Termination path? or is the ETL in the wrong for not following policy for employees that pass their 90 days?

As long as they make the decision to term her OR she commits the final offense that causes the term before 90 days, they do not have to follow the corrective action process. Actually *delivering* the term is another matter.

Let's say on day 88 of a TMs time at Target he gets caught hiding in the backroom for two hours playing a cell phone game by the closing LOD. The next day, the ETL that was LOD comes in and talks to the STL and ETL-HR. They all decide to term the TM, which at this point is his 89th day.

Let's say this TM isn't scheduled to come into work again for 4 more days. TM thus gets the instant term delivered on day 93. Does this mean they can no longer instant term him? Nope... he committed the termable offense on day 88.... they just couldn't *deliver* the term until day 93.

Chances are, the ETLs at your store had already decided to term the TM you are talking about before the 90th day. They just couldn't get the whole process done (papers written, signed by ETL-HR and STL, someone to deliver the term, etc) before the actual 90th day. A term is actually a big process to get the paperwork, signatures, etc. An ETL can't just unilaterally say "hey, I feel like terming this TM right now on the spot". Doesn't work that way.
 
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Agreed and Understood about the process taking time, just curious as to why not use her 90 days as the reason to not employ her any longer. Why go ahead approve her 90day review and offer her the permanent spot on the team only to fire that team member 4 days later.
 
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Agreed and Understood about the process taking time, just curious as to why not use her 90 days as the reason to not employ her any longer. Why go ahead approve her 90day review and offer her the permanent spot on the team only to fire that team member 4 days later.

Usually 90 day reviews are written up to a month before they are delivered. (hell, at my old store annual reviews were such a pain in the ass our ETL-HR had us writing them 2 months ahead of time) A TL can deliver that 90 day review prior to the actual 90 days.... that doesn't change the fact that a TM is still a probationary employee until the 90th day.
 
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