Where were you?

[NellieBly]

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

I am a grade school crossing guard (that Liberal Arts Degree paid off) Today I got a phone call from my boss saying I needed to come in to "discuss my job performance." I asked if it was routine, he said just to come in Monday, at 10 am.

Later, I was at my crossing guard corner, the guy who checks on us came by and gave me a letter that stated I needed to come in and discuss my "absence" (not ALLEGED absence) on Friday, May 29th. Problem is, I was there. I'm always there. It was so hot out, I crossed the street to stand in the shade of a traffic box, but I was there wearing a day glow yellow vest and a ridiculous orange hat that I bought at the dollar store, in full view of the road. I was just on the opposite side of where I usually stand. Some random jerk, I mean motorist called to complain about me not being there. Even the guy who checks up on us, who is not a warm and fuzzy person, was sympathetic, he said he never has any problem with me. I've been there 13 years!

Even worse, a copy of the letter was sent to Human Resources AND the CFO of the city, stating I was absent. One would assume the CFO was notified because I put down the hours on my time sheet.

I called my union rep and got a note from some neighbors who saw me out there (I wave at EVERYBODY) I am going to make a list of all the school buses that go by as I wave at those drivers too.

If they make a fuss about paying me, I am going to complain to the Bureau of Labor Wage and Time Division (or whatever.)

Any advice?

 

[cbg]

Yes. Wait until you know whether there's a race before you put on your track shoes.

 

[NellieBly]

Yes. Wait until you know whether there's a race before you put on your track shoes.

I was hoping for a sneak preview.

 

[commentator]

Yes, first of all, you can be "treated this way!" Your supervisor got a complaint, a comment, something they felt like they should check on. So what if you've been lady perfect in traffic shoes for years and years. They still have the right to monitor their crossing guard's performances, and ask them about it if they've gotten any complaint. This goes with being employed. Nobody has to give you warm fuzzies all the time and nobody has to treat you with kid gloves even if you are a long termer.

There are simply no labor laws that say they have to do this, so they have done nothing illegal if they question your performance based on something they've heard or had called in. They can tell your CFO if they want to, just based on suspicion. Yeah, they can write you up, if they want to. It's not illegal to give someone a write up, even if they're perfectly blameless.

So if they refused to pay you, yeah, you could raise Cain then. They have to pay you for the hours and days you have worked, at at least minimum wage. It appears you even have a union. They could also go to bat for you. But you know what? Nothing real has happened yet, except that you've been questioned. You answered the questions. You need to move on.

 

[NellieBly]

My union guy has not called me back...What kills me is that my idiot boss (a patronage hire) stated this as fact. He didn't say he received a complaint, he said I was absent. You NEVER do that...that's why our newspapers are full of the word "allegedly" He is basically accusing me of endangering my students and committing payroll fraud.

On the bright side, some homeowners wrote a statement that they saw me at the appointed day and time. The gentleman even noted that I was across the street from my usual spot.

The other thing was that I remembered we have a home surveillance system that has a date and time stamp. It shows me leaving at the appropriate time and returning at the appropriate time. I am wearing my day glow vest and carrying my stop sign.

 

[NellieBly]

Please note that my sister's boss went to jail for stating he had worked hours he had not, which is what I'm being accused of.

At any rate my neighbor is a police sergeant and he drives by every afternoon at the same time on his way home from work. He remembers driving by and wondering how I could stand being out in the heat He wrote a letter on my behalf

Taking bets now as to whether or not I get reassigned to a distant post in a bad neighborhood

 

[cbg]

If your sister's boss went to jail, one thing I can promise you is that there was a great deal more going on than simply claiming he worked hours he did not, and I will further guarantee you that it was for a great many more hours than you are being accused of.

 

[Mass_Shyster]

What kind of phone do you have?

I have "moves" installed on my iphone. I can use it to see where I was, and when.

If you have an android, with some combination of settings, google maps will track the same thing for you.

You may be able to show that your phone never left your appointed corner.

 

[NellieBly]

While I am not under the impression I am going to jail, I am still accused of a crime. This could impact my CORI and I would be fired. Would it be considered libel for my boss to send a letter to three or four people stating I was "absent" when that was not the case? The man who hand delivered the letter also knew the contents.

The irony is I really like going to work.

 

[NellieBly]

Steve thank you for that thought. I have an iPhone. I will ask my son, the millennial. Does one have to preprogram that? We had a case here where a guy was exonerated of a homocide due to the location of his phone. Whether or not it was in his possession is still up for debate

 

[cbg]

As I said before, Nellie, you're putting on your track shoes before you even know if there's a race. Wait and see what actually happens before you start imagining the worst.

 

[commentator]

This could impact my CORI and I would be fired. Would it be considered libel for my boss to send a letter to three or four people stating I was "absent" when that was not the case? The man who hand delivered the letter also knew the contents.


Yes, it COULD, but I'm betting it will not. No, unless you did suffer actual serious reputational or financial damage based on his false witness and accusations, you're not going anywhere with a libel suit. NOTHING terrible has happened yet. You've not been fired. You have a union which would go to bat for you if it became necessary, but you are overdramatizing this situation. Slow down. You know from being on this site that it could be possible that you get legally fired for any reason, even a false or made up one. But that certainly hasn't happened yet and it's a long long way from where you are right now.

 

[NellieBly]

The ship has hit the sand

The actual allegation was that my son subbed for me at the time in question. That is a BIG infraction. They may fire me. Problem is he was at Six Flags after which he went to the ER for heat exhaustion. Six flags will only verify with a subpoena. He has a season and meal pass of which they have records We're at the hospital getting proof of ER visit. It just says he spent the day at Six Flags. No times. They said two "reliable" people said he was at my corner.

The problem is with payroll.

 

[NellieBly]

Had they told me these were the allegations I'd have spent the time gathering his receipts. I also have a photo that was obviously taken at Six Flags. It just shows his hand holding an ice cream cone but it was sent from his phone.

 

[NellieBly]

Maybe someone mistook me for him. We are both short and I was wrapped in one or those cooling towels