False claims by a co worker

[Eekamouse]

Augh! It's really bugging me! OP, the word you wanted was "scene", not "seen".

 

[cbg]

And do you realize that EVEN IF you were able to prove beyond any possible shadow of a doubt that the ONLY reason your hours were cut was due to her accusations, that it would not be even remotely illegal; and that even if Eric Holder took your case and the US Supreme Court declared you innocent of all wrongdoing, your employer would STILL not be legally required to give you your hours back?

 

[slosh]

No my exact word's where will you talk to me please and she ran away. I did not chase her and especially not "chase her to her car" as my manager told me she was claiming. The "chasing her to her car" is the part i would consider a flat lie and not just feeling's. I stooped as soon as i got out the door and there is a witness.

Because they told me that was why i was being sent home, she filed a report with corporate so i am guessing it is documented and i have had the same hour's and worked the exact same day's for year's. Yes they could denie it all and claim as you suggested but they like me and might testify on my behalf. It wouldn't be that costly if i won.

 

[slosh]

Augh! It's really bugging me! OP, the word you wanted was "scene", not "seen".

Sorry my gamer is horrible, i know.

 

[slosh]

And do you realize that EVEN IF you were able to prove beyond any possible shadow of a doubt that the ONLY reason your hours were cut was due to her accusations, that it would not be even remotely illegal; and that even if Eric Holder took your case and the US Supreme Court declared you innocent of all wrongdoing, your employer would STILL not be legally required to give you your hours back?

One more time for the troll's, my original post was more about her and less about my employer. It was more of a question on where i stand with them and i might have posted in the wrong section. Sorry

 

[slosh]

In the first place, how in the world do you think you would be able to prove in small claims court that the employer's reduction of your hours was a direct result of your co worker's actions? In this labor climate, and with the laws as they are regarding employer behavior, there is no requirement whatsoever that they give you full time, or give you fairness, or let you tell your side of the story, or that they do not treat you unfairly. They can always say it was a business related need, that someone's hours needed to be cut, and you were selected. WHY you were selected for hours reduction is no one else's concern. You could never show that your co worker's "seen" was the reason they decided to cut your hours. They may not like you or be angry with you for some other reason.

Besides, this would in the first place, be somewhat costly, and in the second place, would waste more of your and your co worker's time, and you can bet that you would find yourself without your hours increased, but instead, flat fired, because the employer wanted to fire you. And it would be perfectly legal for them to do so. You might qualify for unemployment, but your job would be gone, regardless of whether you prevailed in small claims court, which would not ever be much money, even if you did collect it.

Also why would my boss care what i do outside of work? I don't see that having any affect on me getting my hour's back or not let alone being fired. Plus being a gambling man it's about 8:1 loss or gain and i could live with that if i lose.

 

[swalsh411]

Your problem is going to be proving what she told her employer that got you in trouble. The facts are that you did have some kind of exchange with her and she felt threatened by it. This alone is reasonable grounds for your termination. Employers don't want to deal with the drama.

 

[slosh]

Your problem is going to be proving what she told her employer that got you in trouble. The facts are that you did have some kind of exchange with her and she felt threatened by it. This alone is reasonable grounds for your termination. Employers don't want to deal with the drama.

Me either lol I was just going to say that was one point i got. That i would have to prove it was in fact her saying i chased her and not her feeling threatened that resulted in the punishment. Witch i believe is the later, thanks for the input.

 

[commentator]

What you do not seem to understand is that your employer is the one with all the power here. Your co-worker could make up lies on you all day, and tell them that you did all sorts of things, but if they didn't WANT to do it, the employer would NOT have to cut your hours or terminate you. They may say when they are talking to YOU... "Well, corporate made us do it." But seriously, they did not have to do anything they didn't want to. They chose to take her word for it.

So if every single word she said was an outright lie and a false claim, (which you do not have any idea what she actually told them, do you?)
they still did not have to cut your hours or punish you and if they did, it is NOT something you could sue her for. She has absolutely no control over their payroll and staffing issues. What do you honestly think, that your employer is going to come to court and testify that we had no choice but to cut his hours because this lady made this claim? No.

And they are certainly able if they wanted to to put you back to work full time whenever they wanted. When you say that they are keeping your hours just up to where you are not getting unemployment, that means they are hanging you out hoping you'll quit. If you were to subpoena them in an issue like this, I bet real money they'd fire you in a second. They could've fired you already. Legally. And you still can't say it was all her fault, all because of her. You cannot prove it, because it really isn't the truth. They did what they wanted to do. Regardless of reason.

And, is she wealthy enough that if in the very very off chance that you were to win a suit like this, she would be able to pay you and has pockets deep enough to do so?

 

[slosh]

What you do not seem to understand is that your employer is the one with all the power here. Your co-worker could make up lies on you all day, and tell them that you did all sorts of things, but if they didn't WANT to do it, the employer would NOT have to cut your hours or terminate you. They may say when they are talking to YOU... "Well, corporate made us do it." But seriously, they did not have to do anything they didn't want to. They chose to take her word for it.

So if every single word she said was an outright lie and a false claim, (which you do not have any idea what she actually told them, do you?)
they still did not have to cut your hours or punish you and if they did, it is NOT something you could sue her for. She has absolutely no control over their payroll and staffing issues. What do you honestly think, that your employer is going to come to court and testify that we had no choice but to cut his hours because this lady made this claim? No.

And they are certainly able if they wanted to to put you back to work full time whenever they wanted. When you say that they are keeping your hours just up to where you are not getting unemployment, that means they are hanging you out hoping you'll quit. If you were to subpoena them in an issue like this, I bet real money they'd fire you in a second. They could've fired you already. Legally. And you still can't say it was all her fault, all because of her. You cannot prove it, because it really isn't the truth. They did what they wanted to do. Regardless of reason.

And, is she wealthy enough that if in the very very off chance that you were to win a suit like this, she would be able to pay you and has pockets deep enough to do so?

Pretty sure i stated that a manger told me what she is saying a couple time's in this thread, and yes her parent's are filthy rich. I understand they have all the power and was more or less asking what ground's if any i would have to stand on for the umpteenth time. Maybe some one would know some thing i don't? Maybe just a dumb question?

 

[Just Blue]

Pretty sure i stated that a manger told me what she is saying a couple time's in this thread, and yes her parent's are filthy rich. I understand they have all the power and was more or less asking what ground's if any i would have to stand on for the umpteenth time. Maybe some one would know some thing i don't? Maybe just a dumb question?

As you feel the "need" to insult qualified experts that volunteer their time here, you should pay an attorney to assist you. "Witch"rolleyes you are free to do.

Me either lol I was just going to say that was one point i got. That i would have to prove it was in fact her saying i chased her and not her feeling threatened that resulted in the punishment. Witch i believe is the later, thanks for the input.

slosh
Originally Posted by cbg
And do you realize that EVEN IF you were able to prove beyond any possible shadow of a doubt that the ONLY reason your hours were cut was due to her accusations, that it would not be even remotely illegal; and that even if Eric Holder took your case and the US Supreme Court declared you innocent of all wrongdoing, your employer would STILL not be legally required to give you your hours back?
One more time for the troll's, my original post was more about her and less about my employer. It was more of a question on where i stand with them and i might have posted in the wrong section. Sorry

 

[slosh]

What you do not seem to understand is that your employer is the one with all the power here. Your co-worker could make up lies on you all day, and tell them that you did all sorts of things, but if they didn't WANT to do it, the employer would NOT have to cut your hours or terminate you. They may say when they are talking to YOU... "Well, corporate made us do it." But seriously, they did not have to do anything they didn't want to. They chose to take her word for it.

So if every single word she said was an outright lie and a false claim, (which you do not have any idea what she actually told them, do you?)
they still did not have to cut your hours or punish you and if they did, it is NOT something you could sue her for. She has absolutely no control over their payroll and staffing issues. What do you honestly think, that your employer is going to come to court and testify that we had no choice but to cut his hours because this lady made this claim? No.

And they are certainly able if they wanted to to put you back to work full time whenever they wanted. When you say that they are keeping your hours just up to where you are not getting unemployment, that means they are hanging you out hoping you'll quit. If you were to subpoena them in an issue like this, I bet real money they'd fire you in a second. They could've fired you already. Legally. And you still can't say it was all her fault, all because of her. You cannot prove it, because it really isn't the truth. They did what they wanted to do. Regardless of reason.

And, is she wealthy enough that if in the very very off chance that you were to win a suit like this, she would be able to pay you and has pockets deep enough to do so?

Also what your failing to understand is if i am fired or in limbo or them trying to get me to quit what's the harm in pissing them off a little more and possibly being fired so i can get my unemployment? Not saying that is the best option but still exploring them.

 

[commentator]

Go for it, fella. You don't want to understand what everyone is telling you. Get a lawyer.

When they fire you, and you file for unemployment, the employers have to show that they had a valid misconduct reason to terminate you to keep you from drawing benefits. You need to be sure they don't have this before you try to goad them into firing you.

What's to guarantee that they don't use your co-worker's version of the parking lot story and the unemployment system finds it believable and denies your benefits? And no, you can't sue her (or your employer)in small claims court if you don't get approved for unemployment.

 

[cbg]

Also what your failing to understand is if i am fired or in limbo or them trying to get me to quit what's the harm in pissing them off a little more and possibly being fired so i can get my unemployment? Not saying that is the best option but still exploring them.

That's a really, really bad idea because if you give the employer a valid reason to fire you, that's what's going to ensure that you DON'T get unemployment.

 

[slosh]

Go for it, fella. You don't want to understand what everyone is telling you. Get a lawyer.

When they fire you, and you file for unemployment, the employers have to show that they had a valid misconduct reason to terminate you to keep you from drawing benefits. You need to be sure they don't have this before you try to goad them into firing you.

What's to guarantee that they don't use your co-worker's version of the parking lot story and the unemployment system finds it believable and denies your benefits? And no, you can't sue her (or your employer)in small claims court if you don't get approved for unemployment.

Good lord, facepalm.... Do you guy's just like to drive on people and tell them how wrong they are? What's wrong with question's?