![]() |
|
|
|
|||||||
| New to LegalMatch Forums? Join our community today |
| Find a Lawyer Now By Category: | |||||||
| Family & Divorce | Criminal Defense | Job & Employment | Personal Injury | ||||
| Real Estate Lawyers | Immigration | Business Lawyers | Other Lawyers | ||||
| LegalMatch is Fast, Free and Confidential | |||||||
| Not Ready To Hire an Expert Lawyer? | Get Online Legal Documents |
![]() |
|
|
LinkBack | Thread Tools | Display Modes |
|
|||
|
Hostile Work Environment?
This is a bit of a Part 2 to my other thread.
Same company, different on-going issue. With the company I work for there is a manager required to be in the store at all times. If no other manager is present the one on duty is not allowed to leave. Of the new hires that were refered to as "not Brand Right", there was an issue with one. I gave said employee my debit card in order to go around the corner and get me some food since I was the only manager on duty and therefore unable to leave. This employee then took my debit card and charged up a large amount at another store for personal items other than where I had asked him to get me food. So in escense he stole my credit/debit card. Upon finding out I contacted the store where the card was used, called my card company, notified the police, as well as our own company's LP department to find out how to handle having this employee in our store. After several conversations it was determined to best let the Police handle things, to which they recieved a warrant and then arrested him. I was asked to write a statement about how this employee had access to my card in order to use it. At this point I had worked more than two weeks straight with no days off, and even including a company trip to and from another state. When writing a statement I recalled the happenings of a different day, and not the one in question. The statement I wrote out was even corroborated by another employee who also felt that the events happend on that particular day. A week or so later I recieve a visit from our Loss Prevention dept representative and my DM. He asks me if I can recall anything else about that day. I explain that I've worked almost 30 days straight at that point and all of my days are blurring together, so I am unable to recall anything at that point. He and my DM then take me into the back hallway behind the store and begin to interrogate me about the situation. So I'm sitting on a bucket in a hallway with no a/c in 100+ degree heat. They are sitting between me and the only two exits. Put on the spot and suddenly being blamed and yelled at because I can't recall the details of what happened that day. They never told me what they had on the security cameras, only that the statement that I gave the Police didn't match up. They grilled me for over 45 minutes. I am called a "liar", "bad manager", along with statments like "I've been doing this for years and I can tell when someone is lieing to me. And I gotta tell you you're being dishonest to me.", and "If you can't remember what happened that day, why do we have you working for us? What kind of manager are you when you can't remember this sort of thing?". Then there was the "Don't worry, you're not in trouble.", "You're not going to get written up.", "We know you're embarassed to talk about it." Good Cop/Bad Cop routine they did. Do keep in mind I was the one that found the charge in question, I went to the store where it was made, I called my card company, called the police, my LP rep, and my DM and made sure they were all involved in what was going on. When I refused to admit to anything that I was truely unable to recall after being treated as such and put on the spot as if I had done something wrong, I was suspended without pay. Forced to walk back into the store arm-in-arm with my LP Rep and DM, clock out, and leave the store. Upon returning home I was able to review my financial records for that day, and think about what happend in a calm, cool, and relaxed environment. Being able to do this allowed me to recall the specifics of that day. I then called my LP Rep and explained to him what I recalled. I was met with a sarcastic "Oh, you just now remembered this." I even made the comment about how I didn't appreciate the way that I was attacked in the back hallway with this. I was told that they chose a location outside of the store to prevent incident. Being outside of the store also takes them and the party off camera. When I met again with my DM I again stated that I didn't appreciate the way that it was handled. I was told "Well that's LP." and that was the end of that conversation. Durring that conversation I did recieve a write up, based around the situation of the employee using my card. The write up was a Final Written for "Conducting personal business on company time. IE: Giving your card to an employee to go get you food." I scoffed at this, to which I was told by my DM in the next sentance he said "but if you have cash, it's ok." So: Cards = not ok. Cash = ok If that's the case, then why was I written up for conducting personal business on company time and not the actual issue of giving an employee my card to use? Also while being written up my DM made the comment "You like to play the victim." I had no response to that because it was not a question, mearly a statement that set me aback. Since that point I have been micro-managed and held to an unreasonable standard for being short staffed (with no ability to hire). Most notably being a 37% (of a possible 100%) on a DM Walkthru. Not to mention being placed on a 30 Day Action Plan that has had no follow up throughout the 30 days, and in fact we only just say down to discuss the outcome of it some 45 days after it being issued. The Kicker Fri, 8/14 while discussing the 30 Day Action Plan, I was again told by my DM that "You like to play the victim". Also, he brought up a conversation that I had with another manager, a female, while I was off the clock and at 12-1am. Durring the conversation with the female manager I made a comment about how I didn't approve of the 70/30 ratio, of how my hiring ability had been taken away, and how I refused to hire unqualified females over qualified males to simply meet the 70% female ratio. This store manager then contacted the DM and said she was quoting what I had said. The comments she told him were completely false and those that did have a grain of truth were twisted in such a way as to make me out to seem racist and sexist. When I refused to admit to making any such statements I was yet again put on suspension. Feeling that there is obviously no future with me at this company I went out today to try to find another job. I went to a mall that I haven't been to in a very long time. While talking to an associate at a store I was applying at, I mentioned that I was the store manager for a company at a different location other than the one at the mall we were at. The associate then blurts out "OH! That's the one that the Assistant (of my company) is going to be the new Store Manager of starting tomorrow!" Shocked but doing all I can to not show it I simply continue on about my business. On my way home I recieve a text message from my DM asking me to meet him at one of our locations tomorrow before the store opens so we can talk. So here I sit, faced with already knowing that I will be fired tomorrow. I already know who my replacement is. And apparently so does the staff at this other location that is not affiliated in any way with my company. It's also a safe bet to say that the staff of the store from which my replacement is coming from is also aware that I am going to be fired. Two stores know that I'm fired before I've officially be let go. What recourse do I have against the company I, at least until tomorrow, work for? I feel I've been unfairly singled out for refusing to go along with a policy I think is discriminatory, and been micro-managed into a corner and set up to fail. (And believe me when I say I have supporting documents, emails, and txt msg's to back up all of my claims made here) |
|
|||
|
Hostile Work Environment
Here is a similar article on topic: Hostile Work Environment Harassment Lawyers
|
|
|||
|
Contact the Upper Management
I know this is probably a long shot, I was in the corporate environment for many years, but I would try as best you can first, to calm down, and try to be objective when I know you are more than emotionally charged right now. First, you need to write down, times, dates, scenarios, of everything that happened starting with the first incident, and make note each time something happened if you were put on any kind of notice for that incident. Which I can see you probably were not. Then, draft a letter to the manager or regional manager Above the ones who grilled you. I believe your rights have been violated bigtime, but the only ones who are going to know about it are the ones who are going to fire you here shortly. If they are required to give you an exit interview, make sure you give them a copy of your letter addressed to the higher up, and in your letter you state what THEY did wrong, and also DON'T SIGN ANYTHING that they have drafted for you to sign. You give them your letter if they need you to supply an exit explanation, you write "See attached letter". Have it ready, if you are going to get fired over this have some ammunition. Also, most laws provide for breaks and lunches, are you saying you were not allowed to have a lunch break during an 8 hour work session? Because there was no one there to cover for you? I believe there are laws in violation here, but I am not familiar with laws in your state, what state are you in? Good luck
|
|
|||
|
What law, specifically, do you feel was violated?
I am asking because while this story evokes sympathy for such an unpleasant experience, does it really violate any law? "There are no Federal "hostile work environment laws" or "hostile workplace laws" named as such. Creating a hostile workplace is prohibited under certain Federal discrimination laws (listed below). Subsequently, to be illegal under one of the laws in the eyes of the courts, a hostile work environment typically must be caused by discriminatory workplace harassment based on race, color, religion, national origin, disability, age or s3x. Additionally, the harassment typically must be severe, recurring and pervasive. Lastly, the victim or witnesses typically must reasonably believe that tolerating the hostile work environment is a condition of continued employment. In other words, the victim or witnesses typically must reasonably believe that they have no choice, but to endure a hostile workplace in order to keep their jobs. Listed below are the specific Federal discrimination laws under which it's prohibited to create a hostile work environment through discriminatory harassment; but, other discrimination laws might come into play. Also, the state in which you work might have enacted equivalent laws with even better protections." Last edited by GentleGrace : 08-24-2009 at 11:22 PM. |
|
|||
|
The poster did allude to breaks---he referred to something when he was "off" from twelve to one. I know that a lot of times, especially in seasonal work, people are asked to fill in for others, or put in a few extra hours. That is different from orchestrating a place where the rules are consistently violated as a matter of force and habit.
I think work place disputes are rough--everyone has them and they can affect you for years to come. But, making the "shoe" of a hostile workplace can be a tight fit---doesn't mean it can't be done, but it is rough. Best of luck. |
![]() |
| Thread Tools | |
| Display Modes | |
|
|
County Lawyers | Attorney Search by City
DWI Lawyers | Estate Lawyers | Criminal Lawyers
Expungement Lawyers | Business Lawyers | Government Lawyers | Family Law Lawyers
Real Estate Lawyers | Employment Lawyers | Bankruptcy Lawyers | Foreclosure Lawyers
Personal Injury Lawyers | Child Visitation Lawyers | Child Custody Lawyers
Immigration Lawyers | Landlord/Tenant Lawyers | Defective Product Lawyers | Christian Attorneys
Attorney Referral Services | Intellectual Property Lawyers | Bar Association Lawyers