Fry's fired me for creating a website (www.FrysForum.com) where employees could talk about their work related conditions and grievances. We were trying to bring our work related grievances to the attention of management. Fry's found out I was the owner of the website and decided to hold me countable for the content of the site.

According to Section 230 of Title 47 of the United States Code (47 USC § 230) site owners or operators can not be held responsible for the content left by members on their site. Fry's firing me was illegal and violates the National Labor Relations Act because 2 or more employees were discussing pay or other work related issues with each other and 2 or more employees are addressing their employer about improving their working conditions or pay.

Here is how the story goes of my termination:

On Tuesday June 3rd, 2008 Rey Magdaluyo brings me into the manager’s office with Sean Archer around 1:30PM. Sean tells me he knows about my conversations with Jorge. He tells me he is very interested in the site and tells me to cooperate. I refuse to cooperate and say what proof do they have of anything or what they are a cussing me of. I tell Sean I will not talk about what I do outside of Fry's on my personal time and its not his business.

I refuse to cooperate and tell Sean unless he has evidence that I shouldn't be here and to fire me if he really does have evidence of anything because I won't cooperate with him. See Exhibit A Below: note the original date on the typed paper work. It’s dated the same day I talked to Sean & Rey in the managers office but it looks like the dates were changed on it. It seems if I did cooperate or say anything I would have been suspended that same day.

On Wednesday June 4th, 2008 I clock in and go to the computer podium where Sam Micklic is waiting for me and brings me into the Managers Office. Sean Archer and Sam Micklic are in the manager's office. Sam tells me that after their investigation they have decided to suspend me for 5 Days. He hands me my suspension notice (EXHIBIT A) which has a crossed out date of 06/03/08 with a written in date of 06/04/08 on it. He tells me to sign the Suspension notice and I refuse because I don't agree with the accusations stated on the statement.

Sam tells me that if I want them to help them let me keep my job I should sign the suspension notice and I should write in the Associate's Comments/Rebuttal area. I write in the area 'I don't agree with what is written above please see my statement.' I write my statement SEE EXHIBIT B BELOW. As stated in my statement I know from the notice right away that I am fired as soon as I know I have a 5 day suspension, SEE EXHIBIT C BELOW and notice the 'Request Date: 06/04/08' that's the same day I got my 5 Day Suspension. So how can I be 5 Day Suspended and Terminated on the same day especially after Sam & Sean told me they need time to decide if I was going to be terminated or not.

Sam tells me to report back to work on 06/10/08 at 12:00PM which if you do the math actually happens to be 6 days not 5 like suspension is suppose to be. I am told to leave and Sam takes away my name Badge/Time Card and says he will clock me out and tells me to leave the store.

6 Days later, In uniform I report back to Fry's on 06/10/08 @ 12:00 PM Sharp. Sam or Sean are not in the managers office. I wait for around 10 minutes and finally Sam arrives. He tells me 'Home Office' decided to terminate me. He hands me my final pay check, plus a unemployment book and my Involuntary Termination Notice (SEE EXHIBIT C BELOW).

The Request Date for the Involuntary Termination Request is dated 06/04/08. Fry's Home Office marks the Involuntary Termination Request Received on June 5, 2008 and then marks it Entered on June 6, 2008. On June 10, 2008 Kathy Kolder Fry's Vice President signed my termination request. If you follow all the dates involved it looks like Fry's was ready to fire me since the first day I walked in the manager’s office. This also proves that I was terminated regardless of me sending the fax I had sent out.
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EXHIBIT A:
5 Day Suspension Notice:
http://freepdfhosting.com/uploads/0d6b4074d5.pdf

EXHIBIT B
My Statement to my 5 Day Suspension Notice:
http://freepdfhosting.com/uploads/108d33615e.pdf

EXHIBIT C
Involuntary Termination Request
http://freepdfhosting.com/uploads/556892169e.pdf

Luis
San Diego, California
U.S.A.

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