Post-Employment Rights

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?

since we don't have the documentation nor do we know the people involved, the ONLY advice anyone here can give you is to file a DOL claim

Did the other employees involved in the situation for which you were terminated, sign the coaching and counseling form? Since you were aware that there was a payroll violation, why did you object to signing the counseling form?

Does the code of conduct require you to report a potential or actual payroll violation? Who signed the payroll form recording the work of the employee or the form recording the payroll adjustment?

Are stock option rules applicable when an employer is terminated for cause?

When were you fired?

I don't know if anyone else was coached, I was already terminated.

I objected because it stated that I was the one who actually committed the payroll entry.

The store manager submitted the actual payroll to corporate.

I have to check on the options.

I was terminated in July 2006.

Are you questioning your eligiblity for unemployment? Or do you think some law was violated? If so, what law?

OK, now some professional advice for the future. I've been a payroll professional for more years than I care to count and "It doesn't matter to me" was not the right answer. As the responsible payroll person, you have both a fiduciary responsibility (even if not legally, ethically) and a compliance responsibility. If someone asks you to do something that you know or suspect is a violation of law, you should tell them "No, that is not legal" and report it to upper management.

If you think it was racially motivated, drop a line to these folks for more information: http://www.dhr.state.ny.us/complaints.html