Department being accused of wrong doing and more++

[hixtreme45600]

State Of New Jersey
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Hello Friends,

I work for a business who is accusing our whole department of misusing the company cell-phones (using data service on Verizon phones.) Please stay w/ me this is good. Keep in mind in-our office, the phone reception was ZERO. nothing. Also these phones are basic flip phones w/ no web browsers or anything in it. They were just meant to be for Push-to-Talk, but we never used them due to ZERO reception.

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  First - our superiors talked to us individually, assuming someone will admit to the wrongful use, and according to them they will let it go as a written verbal warning.

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  Than - They told everyone, since nobody came forward, they want everyone to write a statement regarding the phones failure to do so, will result in a disciplinary action without mercy.

Since most charges (over $100 worst of data) on the bill were during my shift, I am considered the most common suspect, because I was indirectly told they I am "tech savvy". I just know the basic common things that a 10 year old kid knows, or even younger now a days. And my partner is safe. (only 2 working a shift)

One of many superiors called me stating I must do a statement before end of my shift, so I stated to him, you can't force me to do an statement however I will, on my time. Than my big boss calls me and states what's the status with my statement?, So I state to him, I will do it, but you can't force me.

In the statement I did mention it felt like I was being harassed....

Could you guys give me some pointers, or what my rights are if they try to pin this on me or my partner? It's really starting to feel like Hostile work place.

P.S. My friends tell me, sometimes verizons charges people without their knowledge, or wrongfully charges a person, etc. I am not sure if that's true...

 

[cbg]

To start with, the term, hostile working environment, has a very specific meaning in employment law, and this does not come even remotely close to meeting it. Nor have you posted anything that meets the definition of illegal harassment. Or anything illegal, period.

While it may technically be true that you cannot be forced to write a statement (short of someone holding a gun to your head), it is also true that you can be fired for not writing one, and it would be a legal termination.

If you are fired for misuse of the company cell phone, your rights are to file for unemployment and look for a new job. Read my signature to find out more.

It's a shame that your superiors don't believe you, if indeed they don't believe you, but they are allowed to be wrong and to make business decisions based on their beliefs, even if mistaken.

 

[commentator]

There are actually employers out there who will try to fire everyone in a whole department when they are needing to cut staffing and don't want to have lay offs. They mistakenly believe that if they fire you for cause, regardless of how far fetched the cause may be, they won't have to pay unemployment insurance.

Your only protection is that if they terminate you, you can file for unemployment insurance and try to prove that you did not do what they are accusing you of doing (misusing company cell phones.) This would involve looking at what the actual policies for cell phone use are (Why did they give them to you if they were never supposed to be used?) what documentation they have of the misuse, whether you were given any opportunity to change this supposedly inappropriate behavior and save your jobs.

But remember, they can create a work place that is not exactly happy and friendly and a fun place to be, and it is still not the "hostile work environment" you are thinking of. And they can, if they so chose, fire people for this or whatever reason. Unmployment is your only recourse.

 

[hixtreme45600]

Well thank you both for you help. I do appreciate it. I am shocked that they can do all that, and I have no choice but to take it. Either way.


The only thing they did was assumed it was me, so far. Told everyone to do a statement. I'm getting the feeling they think it was me. It's only 2 of us working at a shift.

 

[OHRoadwarrior]

If each of you are assigned phones, it should be easy to determine which number incurred the charges by examining the bill. It is also conceivable someone engaged data charges by accident and the phone was just sitting connected. Don't confuse talk signal with data signal. I have received data access in places I did not have talk access.

 

[Beth3]

I don't get what the big deal is about the statement. Seems to me your statement should say that you had nothing to do with any overage charges.

 

[mistoffolees]

If each of you are assigned phones, it should be easy to determine which number incurred the charges by examining the bill.

That's why I suspect that it's an excuse to cut staff. The employer would know exactly who was responsible for the data charges.

 

[hixtreme45600]

If each of you are assigned phones, it should be easy to determine which number incurred the charges by examining the bill. It is also conceivable someone engaged data charges by accident and the phone was just sitting connected. Don't confuse talk signal with data signal. I have received data access in places I did not have talk access.

That's on of the big problems, we are not assigned phones, we just use them during work hours, and than put them back... I also understand what you mean w/ data in no data area, but if there is zero signal, and even the contact list disappears... not to mention to my knowledge we don't use them, because if reception and they are always sitting in the same corner.

Thanks for the input.

 

[hixtreme45600]

I don't get what the big deal is about the statement. Seems to me your statement should say that you had nothing to do with any overage charges.

You're right, I didn't mind the fact of writing a statement, it's how I was approached about the it. If they were to simply ask for it, rather than come to me in a threatening way, I would've said yes. People skill in management should be a number one skill. Anyways I still did the statement, because just because everyone else did it.

Thanks for the input.