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Old 07-23-2010, 12:05 PM   #1
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Terminated after a secret shopper report

Recently I was terminated due to a failing mystery shoppers report. The unfortunate part is it grossly misrepresented myself as office management, our conversation, and the community. While some of her evaluation is indeed accurate (based on the communities physical aspects mainly and the condition of it upon her arrival), the true conversation I had w/ this shopper is not the one reflected on her report nor is some very important details as to how her disposition was upon entering into my office.

I had expressed my objection re: this report and how inaccurate it was based on my conversation w/ this prospect and aspects noted are inaccurate.
1. We had no apartment to show (one vacant had a serious roach issue and the contracts on the other two vacant leased apartments were signed and keys awarded prior to the shoppers arrival). Other apartments listed were not listed as completed or market ready. I triple checked this and thought it was in our best interest not to show something incomplete as it would reflect in poor taste and bad judgment if I did. Additionally, management stated only show your model, mini-model or market ready and we had none of the 3 to support a viewing.
2. Shopper asked specific and direct questions based on her investigating our property prior to her arrival to shop. One of her questions were as to the type of dynamics when it comes to the types of leaseholders on the property (shopper stated she read something where we are Sec 8 and SHARE is located in our community, which she investigated).These questions asked were ones I have never encountered ever in management, so I answered them as respectfully and ethically while still reflecting what I thought was a proper response for the best interest of management and the community. I had no resource to help me address these types of questions should they arise.
3. The shopper implied many statements that I never nor would I ever use to reflect the community. Additionally, supplied incorrect statements which are contradictory to my professional disposition.

I have rehearsed my "sales pitch" so as my shops would be nothing but successful. So how could this have happened?

The management company is fighting my unemployment benefits stating that it reflects misconduct on my part as well as violating company policy. It was never stated that a shoppers report was conditional to my employment w/ company nor that termination was the only option. I have never received a bad shops in my prior employment, only w/ my employment w/ this property. I never had any work performance evaluations, no prior write-ups, nor prior disciplinary action w/ management. Can someone please advise as to my rights in this matter?
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Old 07-24-2010, 03:47 AM   #2
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Default Re: Terminated after a secret shopper report

I wish to inform you that you may claim wrongful termination. Generally the employer has a right to terminate employee at any time as there is rule of employment at will. However, as regards termination the employer's right to terminate is governed by the employment contract. If the employment contract provides for compensation regarding early termination then that can be claimed. Further, you being terminated because of reasons which are not correct and which presents wrong image of you to future employer then you may seek compensation for wrongful dismissal as well as compensation for false allegation against you and damage caused to your career. The burden will be on you to show that your employer terminated without giving you any opportunity and termination was based on false grounds which has caused loss to your career and in getting future jobs. Alternatively, you may contact the office of the Department of Labor (DOL) and inform them of all the facts.

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