mslrobinson
Junior Member
What is the name of your state (only U.S. law)? California
I was working for a large food distribution company as a customer service rep for over two and a half years. The company distributes to nine of the major fast food chains, and is open 7 days a week. My schedule was Tuesday thru Saturday. There are seven CSR's; however, on Saturday there were only two of us, of which I was the lead. I could take over 100 calls a day, and make almost the same on any given day except Saturday. On Saturday it could double.
We were not able to take our breaks. Our boss said we needed adequate phone coverage at all times. Especially on Saturdays, since there were only two of us, we would actually clock out for lunch because it is the law, and then sit back down at our desks and try to get caught up with our work, so we could try to leave at five! This went on the whole time of my employment. I asked my boss for another person on Saturday. She denied my request because nobody wanted to work on Saturday. We all asked her to schedule our breaks, many times. It never happened. She said we were adults and could figure it out. Whenever we did try to take a break, we would all end up in a meeting getting reprimanded for not having enough phone coverage.
The last month of my employment, four of us had been discussing going to the labor board, just as our transportation drivers had recently done. We had been going back and forth on it but word of it had reached our CSR lead who also took it to our boss.
On Saturday, June 28th, I brought my adult son to work with me. It was a middle point for his friend to pick him up. This was the first and only time I had done so. Three of the other girls had brought in their young children repeatedly and during the week when all the managers are there, so I didn't think it was a big deal for my adult son to sit with me and wait for his ride.
I put my son into an empty cubicle where he set up his laptop and kept himself entertained. Well this lead CSR just happened to show up this day for a couple hours of unnecessary overtime which she snaked in wherever she could. By the way, she is also one of the three girls that brings in her children. As a matter of fact, she brought in both her children for hours just the day before. Anyway, I introduced her to my son, explained that he was waiting for a ride and went back to my very busy work. She was nice to us and I didn't think anything of it.
On July 7th, 10 days later, I get called into an office by HR. They said I had brought in an unauthorized person to work without permission and that this CSR lead had seen him on the computer. This person had gone to my boss and told her this. Well, instead of coming to me and asking me what happened, they started an investigation. They involved management, as well as the corp IT people and IT managers to see what my son might have done. They said I knew I wasn't supposed to bring anybody in and that my boss had told me, which was untrue. Oh and my boss was nowhere to be found during this meeting. I was in complete and utter shock. I told them my son was on his own laptop, not the company's computers. I have never been in trouble for anything and I have been an excellent employee, with reviews to prove it.
Well the HR ladies said that they were still investigating and I was being suspended pending their findings. They also said I was an intregal part of the department and they would hate to see me separated from the company, but that it was out of their hands. And they said, company wide, this is the first time they have ever had this situation arise and they weren't sure how it was to be handled.
Needless to say, completely shocked, I was called on Friday July 10th by HR. They told me the decision from the higher ups was "separation". Too many people got involved as well as time and money spent. I asked what I was being discharged for exactly, and the HR manager said "Misconduct". Misconduct for what I asked? She said, for bringing in an unauthorized person without permission. Wow. Nothing about computers? They couldn't find anything in their two week investigation, because there was nothing to find. The letter I received from them with my final check said simply, Separation due to "Misconduct". That is all that is on the letter.
Now once the shock wore off, I started thinking again about the labor board conversations we were having and how my boss thought I was the "ringleader" of the group of four of us. Ironically I was not. The other three girls approached me with it knowing that I would be the one to actually stand up for us.
Could this be considered retaliation? Any thoughts are greatly appreciated.What is the name of your state (only U.S. law)?
I was working for a large food distribution company as a customer service rep for over two and a half years. The company distributes to nine of the major fast food chains, and is open 7 days a week. My schedule was Tuesday thru Saturday. There are seven CSR's; however, on Saturday there were only two of us, of which I was the lead. I could take over 100 calls a day, and make almost the same on any given day except Saturday. On Saturday it could double.
We were not able to take our breaks. Our boss said we needed adequate phone coverage at all times. Especially on Saturdays, since there were only two of us, we would actually clock out for lunch because it is the law, and then sit back down at our desks and try to get caught up with our work, so we could try to leave at five! This went on the whole time of my employment. I asked my boss for another person on Saturday. She denied my request because nobody wanted to work on Saturday. We all asked her to schedule our breaks, many times. It never happened. She said we were adults and could figure it out. Whenever we did try to take a break, we would all end up in a meeting getting reprimanded for not having enough phone coverage.
The last month of my employment, four of us had been discussing going to the labor board, just as our transportation drivers had recently done. We had been going back and forth on it but word of it had reached our CSR lead who also took it to our boss.
On Saturday, June 28th, I brought my adult son to work with me. It was a middle point for his friend to pick him up. This was the first and only time I had done so. Three of the other girls had brought in their young children repeatedly and during the week when all the managers are there, so I didn't think it was a big deal for my adult son to sit with me and wait for his ride.
I put my son into an empty cubicle where he set up his laptop and kept himself entertained. Well this lead CSR just happened to show up this day for a couple hours of unnecessary overtime which she snaked in wherever she could. By the way, she is also one of the three girls that brings in her children. As a matter of fact, she brought in both her children for hours just the day before. Anyway, I introduced her to my son, explained that he was waiting for a ride and went back to my very busy work. She was nice to us and I didn't think anything of it.
On July 7th, 10 days later, I get called into an office by HR. They said I had brought in an unauthorized person to work without permission and that this CSR lead had seen him on the computer. This person had gone to my boss and told her this. Well, instead of coming to me and asking me what happened, they started an investigation. They involved management, as well as the corp IT people and IT managers to see what my son might have done. They said I knew I wasn't supposed to bring anybody in and that my boss had told me, which was untrue. Oh and my boss was nowhere to be found during this meeting. I was in complete and utter shock. I told them my son was on his own laptop, not the company's computers. I have never been in trouble for anything and I have been an excellent employee, with reviews to prove it.
Well the HR ladies said that they were still investigating and I was being suspended pending their findings. They also said I was an intregal part of the department and they would hate to see me separated from the company, but that it was out of their hands. And they said, company wide, this is the first time they have ever had this situation arise and they weren't sure how it was to be handled.
Needless to say, completely shocked, I was called on Friday July 10th by HR. They told me the decision from the higher ups was "separation". Too many people got involved as well as time and money spent. I asked what I was being discharged for exactly, and the HR manager said "Misconduct". Misconduct for what I asked? She said, for bringing in an unauthorized person without permission. Wow. Nothing about computers? They couldn't find anything in their two week investigation, because there was nothing to find. The letter I received from them with my final check said simply, Separation due to "Misconduct". That is all that is on the letter.
Now once the shock wore off, I started thinking again about the labor board conversations we were having and how my boss thought I was the "ringleader" of the group of four of us. Ironically I was not. The other three girls approached me with it knowing that I would be the one to actually stand up for us.
Could this be considered retaliation? Any thoughts are greatly appreciated.What is the name of your state (only U.S. law)?