California Employment Law
California Employment Law Questions Answered by Legal Experts
XXX XXXX XXX
XXXX XXXX XXX
Contact: (XXX) XXX-XXXX
Attn: Human Resources
To: XXXXX XXXXX Ma'am
Subject: Compensatory damages
Dear Sir or Ma'am,
I, XXXXX XXXX XXXXX, express my concern on the leadership of Store Manager Priscilla Martinez, Former District Leader Rob Piccolo, and Group Leader Williams Ejuwa. I express sincere concern for the appropriate training I had underwent with these people under their supervision, guidance, and approach. I had been recruited by Store Manager Priscilla Martinez and Former Leader Rob Piccolo as a College Manager Trainee with the rate of pay of $14.00 per hour. I trained in Martinez's store 2284 from July-November 2011, and was transferred out to store 6695 on November 2011-April 2012.
The main purpose of my concern was misleading information by my superiors. Before I had transferred out to store 2284, I had acknowledge to Rob that I wasn't able to relocate to another store without having to be paid managerial wage and/or been officially promoted to Store Manager because I knew I was going to do managerial duties. He said I will be able to manage store 6695 while Williams will be my mentor, and come January 2012, he will request Human Resources for my promotion. January came, and there was no promotion and/or managerial wage compensation for the managerial work I was doing. Rob then told me that "when I am ready" or fully prepared to manage a store, he will promote me. He said that February is an opportunity for me to mange the store again because Williams will be traveling to Topeka, Kansas. February came, and there was no promotion, the district realigned and Rob was sent to another district. I asked XXXXX XXXXX, the new district leader about my status as a trainee, and when I will be promoted. I discovered that in order for me to be promoted was through a store opening and/or availability. I requested for Rob, and had asked him about my status, and I had asked him about my promotion. I asked him if I was ready, he said that I was ready to run the store. He and Williams had talked together, and came back to the store. I had a discussion with both of them, and they told me how poor the numbers were in the past. Rob told me to produce good numbers, and that will eventually get me to the promotion as "Store Manager". March 2012 came, and Williams had gone to vacation, and then came back in mid March. I had asked him if I was ready to run the store, he said "yes", that if this store becomes available, that he would give it to me, but its not available, and that it was still under his name- that he needed a home store. Williams also showed me that the store was under my name, and not his, where he pulled it out from a computer screen.
In addition, another concern was also the "tone of communications", "unfair discipline or employment action", and "humiliating, degrading, or offensive statements, conducts or actions" caused by Williams Ejuwa. Williams' "tone of communications" is at times aggressive and when employees don't project good numbers in sales goals, units per transaction, dollars per transaction, conversion, and/or customer satisfaction surveys, he expresses disappointment, negative pressure, and strong reprimands- especially when associates/team do not consistently keep their numbers high.
I observed how he applies pressure to associate to make them achieve numbers, things he would say would "why are those numbers low?", "Yesterday #'s is not one we want to have a repetition of today", "you better make your numbers [jokingly]" to Sandra Velazquez when she promised to get a certain number of sales within an hour or period, "I'm not stupid" to Serena when he was trying to find the root cause for me not grabbing an appealing child's accessory to entice the child to be cooperative with measuring her feet as part as he said, the "Smiles Journey or Payless way"[I had completed the customer journey with them, who were 2 adults and that kid, where I had greeted, acknowledge promotion, offered to identified needs, and offered to measure that kid's feet- where I ran out of girls stickers & told them I could come back and measure the kid's feet when she wasn't shy later on], "Mark craves power, Jerry craves power, Rob craves power, I crave power, and Serena you are telling me you don't crave power?", and "Serena have you ever worked in an organization before? I am seeing 6 months, 3 months...". For the "unfair discipline or employment action", Williams given me (3) write-ups in 1 week, which was the last week of March. He had given me (1) verbal write-up the prior week.
(1) Williams had asked Serena the reason for personal leave on March 16-19,2012. I told him the reason for the request of personal leave due to family related issues. He said he needed to know the detail of the family related issues, and I had acknowledged that it was a "mental and psychological issue", which I felt was an invasion of privacy. (2) According to the "Safety Policy", it states "failure to maintain a working and shopping environment free of safety hazards". On 3/3/12, where the first flood of the store occurred, Williams Ejuwa was the first to be on site, where he had sent a store maintenance request, where the store still remained opened. There was "1-2 inches of water covering half of the store" indicated by Surf Pro, who had done the water extraction. The consumers were complaining about the occurrence, violation of safety rules, and how it was unsafe. (3) For shipment breakdown, the backroom space is very small, there is little room for flexibility when receiving and unpacking 40-50 shipment box cases every Tuesday and Wednesday. At times when I do shipment, it is sometimes hard to lift boxes because I feel like there are some boxes that weigh more than 40 pounds (more than what the job required was). At times, I would experience backaches. (4) As part of the Code of Ethics, there was a failure to record hours for work performed at home particularly work conference call. I was not told when District Leader XXXXX XXXXX came to the district, that our 8:00am all manager conference calls every Monday beginning starting on the month of February were to be compensated for. (5) In regards XXXXX XXXXX proceedings and requests for information, I was instructed by Williams Ejuwa for the concern of Associate Selina Conyers to indicate that "she is not on the store's schedule and/or she is not working today", where she was transferred to another Payless ShoeSource store even though this store was the Associate's home store, where she was hired. I recently discovered she was terminated, and I had to "cover-up" information to a related government request and/or investigation. (6) According to the "Policy Against Sexual and Other Unlawful Harrassment", the policy included that "Payless expressly forbids and will not any tolerate any actions- e.g., words, jokes, comments, gestures, or conduct that unreasonably interferes with a person's work performance or creates an intimidating, hostile, or offensive work environment".
In conclusion, compensatory damages for the treatment of physical illness resulting from the emotional distress is to be sought for. Intentional infliction of emotional distress caused Serena to demonstrate some physical symptoms caused by her emotional distress, where in many occurrences she had a sudden onset of high blood pressure, headache(s), and inability to sleep.
At the moment, I am seeking legal consultation, and have testimonies from current and previous employees who have felt mistreated.
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