Stockton, California
Not resolved

Today I was placed on administrative leave because my Ops manager came into the place where I was having lunch with another employee and saw me drinking what appeared to be beer.

At the time he did not ask what it was or even make mention of having it, rather he waited until I was back at work for over an hour and in the middle of a retail job for a customer who was waiting to call me into the LGM's office. He had me sit down and said that I could either "tell him what he already knows he saw or....." to which I replied that I did have a beer-like substance and I stated that it was non-alcoholic, and that the employee with me would testify to that. I was then asked to put my statement in writing, where I acknowledged that I understood how the company image could be afftected and made assurances that it would not happen again.

I was asked to wait for a few minutes in the break room while he and the LGM "partnered" with the HR department and after about 10 minutes I was back in the LGM's office. I was told that I was on paid administrative leave pending further investigation because my story "didn't add up" in the LGM's words. I asked what the problem was and she stated that they were "fairly certain I was drinking beer". She added that I was to remain at home until the following Monday until 3 pm unless I was called in sooner.

I was not asked to take a sobriety test of any kind, and at that point they had not yet spoken with the other employee that was with me at lunch. Up until today I really liked my job and felt I finally found something secure, but being treated like a child was completely insulting.

I have had no corrective actions against me, and I was made the Store Champion this month for doing such great work. To top it all off, I just had my APR (annual performance review) and received one of the highest scores of all the Ops team!

Dare I mention that I have personally seen other employees (managers included) who have had beer at lunch when in uniform? At this point I am unsure whether I am merely suspended or going to be fired but I am taking no chances. I have already sent out 2 applications online with other companies and hope to hear back soon, which is next to impossible in this economy but must be done.

The Ops manager is new and has already demonstrated that he is on somewhat of a power-trip with others, although I have not seen it myself other than some of the things he says or the way he handles employee concerns.

After reading some of the other complaints on this website, I guess I shouldn't be surprised if they send me packing. Has anyone else ever dealt with anything like this, and if so, how did you handle it and were you successful?

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contrary to what you may believe, non-alcoholic beer does contain a very small amount of alcohol. also, his argument that you may have been damaging the image of the company by drinking 'what appeared to be' a beer, is in my opinion, legitimate.

i think it was just a thoughtless move on your part and i don't think it warrants firing, but certainly a check from your superior would be fine.

maybe they haven't liked you for some time...??


Something to keep in mind. If you are from an At will termination state (except Montana) they can term for most things.

It is unlikely they will put the exact reason for being fired, just that you were fired. If they do maybe you have something.


These bastards need to get sued for what they did to you and all the other employees they mistreat unfairly on a daily basis. Evil corporation.


Written by Carmax Cross Functional Progra, on 08-10-2009 16:47

I also was lied to about the Cross Functional Management Program. How can you be a Foutune 500 Company and lie to people about giving them a raise to go into the cross functional management program. It's a disgrace and an embarrassement. Someone needs to be fired over this. I know those 4 original managers as well and they were all dedicated to the company and their jobs. They were lied to just like I was lied to. I guess what goes around comes around - eventually. If your taking a crossfunctional position or being considered for a manager position you better get everything in writing.


4. Written by Get Real with Carmax, on 08-10-2009 13:23

If any company needs a UNION it's Carmax. Once a GREAT company when Austin Ligon was the CEO. Back then it was "what you knew that would get you the promotion you deserved. Now it's who you know not what you know. They are a now a wolf in sheeps clothing. I remember those Cross Funcional Managers: Troy, Jim, Travis and Donnell. All were great managers and were lied to about their pay and incentives. Now they are gone. What a loss to the company. Tom Folliard has no conscious or he would fire Dan Johnston and Linda White for lying to those guys. Employees should ban together and get Unionized or shut this place down. Pay back is *** ya know.


Biggest thing, again, is to sue the *** out of KMX because they have to PROVE that you were under any type influence. I would venture to say that if a lawsuit is filed, they will try to settle it out of court, but still, they have to have proper documentation and proof that you were under the influence.


Well they fired me on 10-29 in the afternoon. The ops manager went and told the shop staff later that I was gone, and said he woudln't share details about why but used an example of a pep boys employee that was caught in a prostitution sting while in his uniform shirt, so now everyone thinks I did something illegal.

Also, I got word that the manager's assistant met up with another tech and leaked the info about me getting fired over the weekend before I was notified, which is a serious breach of confidentiality.

They did not, however, terminate me for being under the influence. Just violating a Drug and Alcohol Use Policy. Which they cannot find, when I asked to see the written policy. All I got was the Dispute Resolution Hotline number to call. Also, they would not share any findings of whatever investigation they allegedly did.

I called the number the next day after I was terminated so I'll see what happens. It looks better in court if I at least TRY to follow whatever resolution process they have, rather than jump the gun and get a lawyer right off the bat.


They have to PROVE that you were under any type of influence to fire you. Definitely get a lawyer involved if they do fire you, because all he has to do in a court of law is ask one question: What was his blood alcohol content.


You don't have one? Then tell me how you can say he was under the influence?


I talked to the other employee after he got off work. ALl they asked him was did he see where the beer was poured from, whether it was bottle or tap. He didn't see because we were standing at the salad bar with our backs to the guy.

I seem to remember there being a written policy about being drunk while in uniform but cannot find the papers I had. To be honest, this whole thing was blown WAY out of proportion, from the being put on leave for 3 days to the being escorted off the premesis like some *** criminal after turning in my prox card and lock-box key.

The only reason I can think of is that the new Ops manager wants to show just how tough he is. What he'll wind up doing is destroying the morale of the shop.


A weeks paid vacation? Sweet deal!


Just kidding. Get a lawyer ASAP. If they fire you for unjust reasons, than you can sue the mother loving *** outta them.

They didn't do a sobriety test on you so they have no proof you were drinking. If they asked your co-worker, are you sure they backed you up or did they fib under pressure?

Hope you don't lose your job over this. It can sully your reputation and keep you from getting another good job elsewere.

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