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Would like some info please

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binkeyusa33

Guest
What is the name of your state? Arkansas

Two weeks ago I had a meeting with my managers supervisor concerning the way my manager was treating me from a complaint i had about another worker(managers stepfather). well, her stepfathers girlfriend was banned from the store as I told the supervisor of her being there all night everynight with the worker as he works 3rd shift. Also, customers had reported her being behind the cash register. After this meeting with her supervisor, the manager put up a note for all employees stating our spouses,girl/boyfriends couldn't come in while we were clocked in. The same day she put that note up, her husband came in 5 times. Also I have worked 1st shift the past 3 years there and after that week she moved me to 3rd shift as an employee was on vacation. I worked it with no complaints. Towards the end of that week, she put up the new schedule and had me on all 2nd shifts and told me that these would be my new hours from that time on. I talked to her and explained I didn't have a babysitter and tried to work out a compromise with scheduling to no avail. So, I contacted her supervisor again to see if she could help me out somehow and she said no. So, I sent an email to the corporate office to the president of the company and also sent one to two others in the chain of command like it says to do in the employee handbook if we had any complaints. I never received a response from them at all. The next morning after I had sent the email, I went to work at 6am as I still worked 6-2 only on weekends. My manager stated she needed to talk to me so we went in the office and she told me that she had received calls from her supervisor and from her supervisors supervisor and that they had come to a decision that I could stay on 1st shift as long as I gave up my title(Asst. Manager)and also take a 25 cent cut from my salary stating that it was company policy that managers and assts work opposite shifts from each other. There are 4 other stores in our area that have managers and assts. working together on 1st shift and they still are as I type this. I refused the 25 cent cut and since I was refusing the cut, my manager then fired me. I had been treated differently by all other employees these past 2 weeks as well and at one time the manager even told me I shouldnt have went to her supervisor. Also, I had emailed the corporate in July of 2001 informing them that my manager at that time had hired a person that was using her sisters name as she was also receiving disability at the time, and at that time the corporate had threatened my job. What I'm wanting to know is if there's a case here? And if I do,would it be under *whistleblowers*? I had an attorney tell me this,but didn't tell me if it was actually a good case. Thanks in advance for any and all replies.



binkeyusa33
:)
 


cbg

I'm a Northern Girl
Unless your state law says otherwise, the "whistleblowers" protection is reserved for those who who report illegal activity to the appropriate outside agency, not for those who report what they perceive as violations of internal policy.

I'm not saying that what happened to you was good management but your manager did not break any laws. It is legal for her to change your shift. The fact that you have babysitter issues is not her problem and she is not required to take that into consideration when assigning shifts. It is legal for her to dock your salary as long as it does not go below minimum wage and as long as you are given advance notice of the change. It is legal for her to fire you if you refuse the changes.

While your company policy evidently gives you the right to make a complaint internally up the ladder, that does not obligate them to take any action; nor does it make disciplining you for doing so illegal. Unless it is for a reason specifically prohibited by law (not the case here) companies are allowed to selectively enforce their policies. That means the one about family members visiting as well as the one giving you the right to complain.

You got a raw deal and your manager was being very petty, but nothing illegal has taken place.
 
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binkeyusa33

Guest
Thank you for your advice. Actually when I wrote the email to the company, I had attached a copy of the letter I had given to my managers supervisor and in that letter to the supervisor I had told her about my managers stepfather clocking the manager in an hour early everyday. I also stated that she had whoever was working 2nd shift after her clocking her out about 2 hours after she left as she is required to work 48 hours a week and wouldn't make the time requirement any other way as she leaves early on Saturday morning and she never works Sundays. I was told at that time by the supervisor that doing that was considered illegal. The only problem I have is that I sent the email with the attachment on it,but after I was fired, I noticed the attachment didn't go through for some reason. But in my email that did go through, I had told them there was an attachment and that the supervisor had the original copy of the attachment mentioned, and not once did they contact me to find out what was in the attachment and when I call their office to talk to them, they are never in and they do not return my calls. Also, in our Employee handbook,it states that no family members will be allowed to work in the same supervisory district,and it does state step family as well. I did report this also as they didn't know that the manager had her stepfather there as an employee and I was the one fired,but yet he is still there. Just doesn't make sense to me I guess. I should have stated this in my first message on this board,but I was trying to not make it so long. Anyways, since I had given them this information, are they still justified in firing me? I worked for this company a little over 4 years.


edited to add that the supervisor knew of this illegal activity 2 weeks ago and nothing was done about it.
binkeyusa33
 
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cbg

I'm a Northern Girl
There is a difference between violating company policy and illegal activity.

A violation of the policy regarding family members working the same supervisory district is not illegal. As I said in the earlier posts, with very few exceptions companies are allowed to selectively enforce their policies. There could be reasons why they have permitted this exception to be made, and there is no law saying that they can't make an exception. Your reporting this does not offer you any protection.

Clocking the manager in and out so that her card shows more time than she actually worked is illegal. However, again as I said in my first post, unless your state law specifically says otherwise, reporting illegal activity internally does NOT grant you whistleblower protection. If you had reported this to the DOL, you would have been protected, but you are not protected by reporting it internally, particularly as you say that the attachment did not go through and they did not receive the information. They are under no obligation to contact you to find out what was in the attachment.

Again, you appear to have gotten a raw deal but unless your state has an internal whistleblowers statute I still don't see that you have any legal recourse.
 

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