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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31579
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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I became the manager of a starbucks kiosk inside a grocery

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I became the manager of a starbucks kiosk inside a grocery store approximately four months ago. The week after i was hired, my boss, Brian (the grocery store manager) hired another employee for starbucks without my consent. He started Lindsey's wages at a higher rate than any of the current employees' and verbally promised her full-time hours. He also told her that since I had just been promoted to manager I was on probation for that position, likely leading to her lack of respect for my authority. I was having problems with her from the very start. I informed Brian of the issues, but he told me to give her more time. A week prior to the end of her 60 day probation I told him I did not want her to pass. He said we could discuss it that Friday. Friday passed, and I approached him the next week and he told me it was the last day of her probation so it was too late to do anything about it... Since then, Lindsey has insulted me by calling me on my day off and referring to me as "pathetic." After she verbally abused me, I wrote her up for insubordinance. She called HR, denying that she ever said such things and they threw the write-up out. she regularly harasses me about when I will have the schedule and tips completed, and her mother has called the store and told Brian that I am creating a hostile environment for her by not giving her enough hours. I am not required to give Lindsey a certain number of hours. Corporate put her on paper as part-time, and I have been doing me best to give her an average of 24 hrs a week so that she can have benefits. Due to the fact that Lindsey is 27 years old, I find it very inappropriate and suspicious that her mother has intervened. Brian's reaction to her mother's phone call: "Give Lindsey more hours." Because of the pressure that I am getting from Lindsey, Brian, and apparently her mom, I am feeling harassed. When I want to instruct or reprimand Lindsey for her actions I feel that if I say anything it will offend her - and get me in trouble. Even when she is doing something like violating my personal space, I feel too intimidated to say anything... And yet, she has written a letter to HR, and a meeting between Brian and Giselle (head of HR) and me is being arranged... I forgot to mention that I called HR early on and got no support. What am I to do? I have never worked for a company before that believes the employee's claims over the manager's.
Submitted: 3 years ago via EmployeeIssues.
Category: California Employment Law
Expert:  Tina replied 3 years ago.
Thank you for contacting Justanswer.com.

It does appear that your authority is being undermined by others. The employer has no legal duty to provide you with support, although that typically makes good business sense.

Unfortunately, you would normally have no legal recourse against the employer if the circumstances do not change and it may be best to look for other employment.

Unless you have an employment contract, you would normally be an employee at will and the employer can terminate you without notice and without good cause.

It may be that the new employee knows people within the organization and you are seeing the results of that. However, nepotism is not prohibited by law with regard to private company's typically, so other than complaining to HR, you have few options unless you wish to retain a local employment law attorney to aid in attempting to resolve the situation.

Good luck and take care.

Tina

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Tina, Attorney
Satisfied Customers: 31579
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you

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