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Post-Employment Rights

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imuncas721

Junior Member
New York

About 3 months ago, a store manager asked my opinion (as a department manager) of altering another person's (from the deaptment that I managed)payroll, with the other person's concent, in order to comply with the company's budget. I told him that it didn't matter to me.

When he was questioned about it, the manager shifted the blame to me. When I was questioned about it, by Human Resources, I said that I did recall the conversation, but didn't recall who actually made the payroll adjustment (it had been 6 weeks prior). I told the HR manager that the manager had done this on previous occasions as well. At least 2 other people who were asked also told the HR manager about the manager's actions.

The HR manager asked me for proof that the employee had actually worked a shift that they didn't get paid for.

The following week, the HR manager returned, where I showed her documentation that the employee did actually work a day that they didn't get paid for. But my termination papers had already been prepared. I was told that even if the payroll was correct, I was aware of an intended payroll violation, and was obligated by the "Code of Conduct" that I signed 5 years earlier to report it.

I was asked to sign a coaching and counciling form admitting to the payroll violation, which I refused, and I was terminated. The store manager and the employee involved are still employed.

I have not received pay for the last week that I worked, and my stock options were removed from my account upon my termination. I have the paperwork that came with the options when they were granted, and it states that I have 90 days after termination in which to exercise them. I questioned my former district manager about this, and it was passed along to the same HR manager that terminated me for clarification.

There is also a racial thread that could run through this, where the HR Manager, the store manager, and another employee whose job was spared by the HR manager in a sexual harassment investigaion, all are of the same race, which is different than mine.

Do I have any legal rights here?
 


cbg

I'm a Northern Girl
He's shopping for an answer he likes better than the original one.
 

Dandy Don

Senior Member
What is it exactly that you want? If you want your back pay, then you need to be contacting your state labor department so that they can get on this employer's back to get your money--their declining to pay you is illegal, and that will probably prompt them to also pay you your options (if you have a stockbroker, perhaps you should be consulting with him/her to find out when or if you are able to cash them in).
 

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