I have had enough

[NotGivingUp]

What is the name of your state (only U.S. law)? Georgia


Alright, today pushed me over the limit. This woman has been harassing me at work since I started. She runs her mouth, and lies about me and the things I do. On several occasions she has verbally abused me in front of customers because of something the store manager has asked me to do. She will say terrible things about me to customers while I am standing right in front of her. She chewed me out because I was on the same work station as her in front of a customer. And now she has hit a new low. I worked with her a few nights ago. I helped her do her job and did mine, being nice to her the whole time, even though she did not deserve it. I found out tonight that she went and told the store manager that I didn't do anything that night. That I wasn't doing any work at all even though cameras say otherwise. It irks me beyond all the other things she has done to me. I was considering moving on and finding another job, but after tonight I have decided that I will not let her win. I even have witnesses who can attest to how she is. What's worse is when I went to my bosses they turned it around and made it all my fault and docked my hours. My first year they even docked my raise. Said I didn't have enough initiative. She is in their pocket. She always goes home early and never has to do any of the real work because she is too busy taking smoke breaks (all the time) and hiding out in the office with the mangers. If she has to work at a station she gets really mad and starts taking it out on other employees. It's not just me she is doing this to, but no one else is doing anything about it. Now I can't reach corporate because it is a weekend. At first I never wanted to contact corporate because I assumed after the flak I got from my bosses would be the same response from corporate. Why just the other day the store manager told me I had to come back from lunch early, but I refused him because the time clock will not allow me to clock in earlier than thirty minutes and it is illegal to work off the clock.

I am fed up. I feel that waiting until Monday is going to be too late, but I'm not going to stop. I'm going to keep calling until something is finally done about her. If corporate doesn't do anything about the situation, what do you recommend? Should I take legal action? How do I go about it and what do I need to make my case?

 

[ecmst12]

Since none of this is illegal, I suggest you suck it up until you find another job, lest you find yourself unemployed.

 

[swalsh411]

With your "I'm mad as hell and not going to take it anymore" attitude when nothing illegal is going on, I hope you enjoy being fired.

 

[eerelations]

Unless what you're experiencing is specifically and directly because of things like your race, gender, age (but only if you're over 40), religion and/or disability, then it isn't illegal harassment as defined by law. And since it's not illegal, you have no legal recourse. Your employer may legally fire you for complaining about this.

(And please note, it's not illegal for you to work off the clock, it's illegal for your employer to make you work without pay. And refusing to work, even if you suspect you won't be paid, is insubordination. Insubordination is a legally-valid reason to fire someone.)

 

[cbg]

Refusal to work is insubordination and is a firing offense. If you work and are not paid for the time, you have legal recourse. As is it now, you have none.

 

[csi7]

Corporate policy for working off the clock is usually in the employee manual.

I do know that when I complained at a group meeting about the managers, supervisors, and team leads telling us we had to work off the clock, without compensation, that the corporate response was predictably, no, this is not authorized.

Take a huge step back and look at the situation from the facts, not your feelings, not your opinions, just what can be proven by valid evidence.

In the work place, there are rules, and consequences for choices concerning those rules.

"I have had enough" would not help your case at all. It is not about you. It is about the rules in the work place.

 

[commentator]

This is a clear cut situation of where someone has just assumed that they had a whole lot more rights and protections on the job than they do. Yes, it sounds as though you have been treated very unfairly. It sounds as though your boss has treated you much differently than they have treated your co worker. Yes, she has been mean and hateful and disrespectful to you. But unfortunately, there is no protection in the law for you in this situation. You can't "take this higher!" or sue anybody. Unless you are being treated differently because of an EEOC related reason, because of your race, sex, creed, national origin,etc. and you can show this definitively, it is not illegal to treat you poorly. You can complain if they do not pay you for hours worked. If you are being asked to do something that is dangerous or illegal, quit the job. If they physically assault you, actually hit you or throw something at you, leave the job, and press charges against them. But if they yell at you or talk hatefully to you or treat unfairly, you have no laws to protect you from this. If you want to, you could always walk off the job and quit.

But really, the best thing for you to do in this situation is that you find another job and leave. Moving, as you said you were considering, is really your very best option. Keep working for them until you have that new job and are ready to make your exit. Keep doing your best, don't flare up or fight back or tell them off. It will go much better for you even if they fire you. Georgia is an "at will" state, and they can, if they get in the mood, fire you for pretty much any reason, and you will have no legal complaint against them. You have the right to quit the job. However, if you walk out and quit in a huff, you will have very little chance of being able to file for unemployment insurance and getting to draw benefits until you find something else. If you are fired, they would have to show that they have a good valid misconduct reason to fire you or you would be able to get approved to draw unemployment until you find another job.

As someone pointed out, acting up on the job and refusing to do what they tell you to, whether they're asking you to do it "unfairly" or not, is considered misconduct, and you can be fired for this without getting to draw unemployment benefits. Likewise if you go off and clock your coworker in the head with a pop bottle, that's misconduct, and may very well get you jailed. But stand up for yourself reasonably and respectfully. The first thing that they'd ask you in unemployment situations is "What did you do to try to resolve the situation." If you talk to corporate, don't expect them to be overly sentimental or concerned by your story of disrespect and favoritism. You're pretty much on the money that they'll not be really interested because they know that what you are describing is not illegal behavior on the part of your manager, just your gripes about how the job is going.

Everyone has been pretty blunt with you here, it is partly because we all understand, and you don't, that the things you are complaining about are not illegal. It's just typical workplace drama. But today's workplace demands that worker's pretty much put up with a lot. Doing better and moving on when you find yourself in a bad work environment is the best and only revenge.

 

[Mass_Shyster]

What's worse is when I went to my bosses they turned it around and made it all my fault and docked my hours.

?
Could you explain what you mean by "docked my hours"?

 

[eerelations]

?
Could you explain what you mean by "docked my hours"?

Agree. If you mean that they refused to pay you for hours you'd already worked, then this is illegal and your recourse would be to file a complaint with the state or federal DOL. But if you mean they reduced your future working hours, then absent a contract that would prohibit this, this is legal and you have no legal recourse.