And they won’t back down
It’s always difficult to fire an employee, especially one that’s popular, dependable, and out-going. And yet, a West Plains, Missouri Walmart did just that when it fired Frank Swanson, an employee with almost 20 years of service. Although Walmart is being criticized for their choice, it does not appear as if it will back down. This Saturday, April 9, over a thousand people have pledged to be at a protest held in his honor. So what happened?
Who is Frank Swanson?
Swanson is a 52-year old man who was three weeks away from his 20th anniversary with Walmart. When he was in 8th grade, he fractured his skull after falling out of the back of his grandfather’s pickup. He was in a coma for six weeks, and when he finally healed from the accident, he was left with partial paralysis and brain damage. According to his brother, Frank just wanted to make people happy. He gave Walmart customers hugs and deals.
Swanson admits that he didn’t follow store policy and make customers show an ad to get a lower price match. He would lower the price at the customer’s word. He also gave hugs. Store managers had recently cautioned him to ask customers before hugging. Swanson said that once he was told to do so, he did. It’s reported that he was fired after lowering the price on an item for a customer by 50 cents.
The company released a statement, saying, in part, that “part of being a cashier is making sure customers are paying for their merchandise before they leave the store; in many instances, this was not happening.” Walmart has the added burden of maintaining privacy, which will make it difficult for them to defend their actions. Although Frank does ask if the customer wants hugs, giving hugs in the workplace is a liability issue for any business, especially one that has children and vulnerable adults.
Business, not personal
Much of the support has been for Swanson, not only on the Hugs for Frank Facebook page, but on the official Walmart page, and the Walmart West Plains page. Some have accused Walmart of firing Frank to avoid paying for his benefits. We may never know the full story, but it is important to remember that businesses have to make decisions based on the best interests of the business and their customers, not just one individual. Swanson is positive that he will find another position soon.
Corporate-franchise relationships: How has COVID affected them?
(BUSINESS NEWS) Being a part of a franchise has made sense for a long time for both the corporation and the franchisee, but the long stretch of COVID is adding complications.
Americans love a franchise. We love knowing that every Dunkin Donuts iced coffee will taste the same as it did 3 states away – and every McDonald’s snack wrap will meet our expectations.
Franchises rose in popularity after World War II, and the corporate-franchise relationship since has generally been a happy one – that is, until COVID-19.
What’s their relationship?
Franchises are easier to start than a small business from scratch. You receive a business playbook and brand loyalty from corporate – if the business at large is doing well, chances are your franchise will mirror that. No need for independent advertising!
From the franchises, corporate gets an upfront fee and ongoing royalties. (For a McDonalds franchise, that’s $45k and 4% of monthly gross sales, respectively.)
Basically, it’s win-win. Both parties are happy.
The pandemic has shrunk margins across most industries, and the chain hotels, restaurants and services have been hit hard. As a result, corporate is adding more costs for franchisees, such as big cleaning bills and promotional discounts to bring back some revenue during COVID.
However, with corporate still taking the same amount from the franchises every month, these newly instated policies threaten to drive some stores into the ground – and franchisees are fighting back.
“I get that franchising isn’t a democracy,” said a Subway franchisee, who objected to the unprofitable “2-Subs-for-$10” promotion that corporate was pushing for. “But at the same time, it’s not a dictatorship.”
What I see here is corporate greed at work; they need to keep their margins up in a sinking economy, so they’re looking to the pockets of their franchisees to make up for that lost dough.
The pandemic has not been easy on any business (with the exception, of course, of Amazon, Facebook, and Tesla, which is a whole other story). However, that’s the draw of being connected to corporate – you are tied to something bigger than your individual store, and will thus stay afloat as long as they do. It’s a big reason why many opt for starting a franchise as opposed to starting their own, independent small business.
I’m glad to see individuals fighting back against corporate policies that don’t benefit them. They held up their side of the bargain – let’s see if corporate can continue to hold up theirs.
What to do if you think you have been wrongfully terminated
(BUSINESS NEWS) Being fired hurts, but especially if you were wrongfully terminated. Here is what you can do if you need to take action.
While there are plenty of ways an employer can legally fire an employee, there’s also a long list of unethical and illegal methods. If you suspect you’ve been wrongfully terminated from your job, it’s imperative that you fight back.
Common Signs of Wrongful Termination
Research shows that around 150,000 people are unjustly fired every year in the United States. That’s more than 410 people per day – roughly 17 people per hour. Here are some common signs that you’re a victim:
- Violation of written rules or promises. The vast majority of employment is known as “at-will” employment. This means you may be fired at any time for any reason (so long as the reason is not illegal). However, if there’s a written statement or contract that implies job security, then you’re probably not an at-will employee. Review all of your employment documents to see what sort of language exists around the topic of termination.
- Discrimination. It doesn’t matter if you’re an at-will employee or not, employers can never fire someone based on discrimination. It’s illegal – point blank, period. If you suspect you’ve been fired because of your color, race, gender, nationality, sexual orientation, disability, age, religion, or pregnancy, discrimination could be to blame.
- Breach of good faith. Employers are known to breach good faith when they do things like mislead employees regarding their chances for promotions; fabricate reasons for firing; transfer or fire an employee to prevent the collection of sales commissions; and other similar situations.
Every situation is different, but these three signs are clear indicators that you have a potential wrongful termination claim. How you proceed will determine what happens next.
How to Respond to a Wrongful Termination
Emotions tend to run high when you’re fired from a job. Whether you loved the job or not, it’s totally normal to run a little hot under the collar upon being wrongfully terminated. But how you handle the first several hours and days will determine a lot about how this situation unfolds. Now is not the time to fly off the handle and say or do something you’ll regret. Instead, take a diplomatic response that includes steps like:
1. Gather Evidence
Wrongful termination cases are usually more complicated than they first appear on the surface. It’s important that you focus on gathering as much evidence as you possibly can. Any information or documentation you collect will increase your chances for a successful outcome. This may include emails, screenshots, written contracts and documentation, voicemails, text messages, and/or statements from coworkers.
On a related note, remember that your former employer will be doing the same thing (if a claim is brought). Be on your best behavior and don’t let your emotions get the best of you. Avoid venting to coworkers or firing off short, snappy emails to your former boss. As the saying goes, anything you say or do can and will be used against you.
2. Hire an Attorney
Don’t try to handle your wrongful termination case on your own. Hire an experienced lawyer who specializes in situations like yours. This will give you a much better chance of obtaining a successful outcome.
3. Get Legal Funding
If you’re like most victims of wrongful termination, you find yourself with no immediate source of income. This can make it difficult to pay your bills and stay financially solvent in the short term. An employment lawsuit loan could help bridge the gap.
As Upfit Legal Funding explains, “Wrongful termination lawsuit loans provide the necessary financial assistance they need to reach a settlement. This funding helps cover basic living costs until the plaintiff is able to get assistance from their settlement.”
The best thing about these loans is that you only have to repay them if there’s a successful outcome. In other words, if the claim gets thrown out or denied, you owe nothing.
4. File the Proper Paperwork
Work closely with your attorney to make sure that your complaints and claims are filed with the appropriate regulatory agencies (and that you meet the required deadlines). Depending on the type of claim, there are different groups that oversee the complaint and can help you move in the proper direction.
Adding it All Up
Getting fired is serious business. And while there are plenty of legal reasons for being terminated from a job, it’s worth exploring what’s actually going on behind the scenes. If it’s found that your employer stepped out of line, you’ll be compensated in an appropriate manner. This won’t typically help you get your job back, but it can provide some financial rectification.
Everyone should have an interview escape plan
(BUSINESS NEWS) A job interview should be a place to ask about qualifications but sometimes things can go south – here’s how to escape when they do.
“So, why did you move from Utah to Austin?” the interviewer asked over the phone.
The question felt a little out of place in the job interview, but I gave my standard answer about wanting a fresh scene. I’d just graduated college and was looking to break into the Austin market. But the interviewer wasn’t done.
“But why Austin?” he insisted, “There can’t be that many Mormons here.”
My stomach curled. This was a job interview – I’d expected to discuss my qualifications for the position and express my interest in the company. Instead, I began to answer more and more invasive questions about my personal life and religion. The whole ordeal left me very uncomfortable, but because I was young and desperate, I put up with it. In fact, I even went back for a second interview!
At the time, I thought I had to put up with that sort of treatment. Only recently have I realized that the interview was extremely unprofessional and it wasn’t something I should have felt obligated to endure.
And I’m not the only one with a bad interview story. Slate ran an article sharing others’ terrible experiences, which ranged from having their purse inspected to being trapped in a 45-minute presentation! No doubt, this is just the tip of the iceberg when it comes to mistreatment by potential employers.
So, why do we put up with it?
Well, sometimes people just don’t know better. Maybe, like I was, they’re young or inexperienced. In these cases, these sorts of situations seem like they could just be the norm. There’s also the obvious power dynamic: you might need a job, but the potential employers probably don’t need you.
While there might be times you have to grit your teeth and bear it, it’s also worth remembering that a bad interview scenario often means bad working conditions later on down the line. After all, if your employers don’t respect you during the interview stage, it’s likely the disrespect will continue when you’re hired.
Once you’ve identified an interview is bad news, though, how do you walk out? Politely. As tempting as it is to make a scene, you probably don’t want to go burning bridges. Instead, excuse yourself by thanking your interviewers, wishing them well, and asserting that you have realized the business wouldn’t be a good fit.
Your time, as well as your comfort, are important! If your gut is telling you something is wrong, it probably is. It isn’t easy, but if a job interview is crossing the line, you’re well within your rights to leave. Better to cut your losses early.
Business News2 weeks ago
Everyone should have an interview escape plan
Opinion Editorials7 days ago
The actual reasons people choose to work at startups
Opinion Editorials6 days ago
10 tips for anyone looking to up their professional work game
Opinion Editorials2 weeks ago
7 ways to carve out me time while working from home
Opinion Editorials1 week ago
4 simple tips to ease friction with your boss while working from home
Business Marketing14 hours ago
Cooler temps mean restaurants have to get creative to survive
Business Entrepreneur1 week ago
4 easy ways to keep track of inventory this holiday season
Business Entrepreneur14 hours ago
Choose your startup business partner wisely