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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 933
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I had been mislead by my former district leader that I was going to manager a particular store. He hired me in July 2011 as a college manager trainee, and had trained in a high-volume retail store for 3 months. Before he moved me to another high volume store, he said he wanted to see what I was capable of doing- basically producing store numbers/outperforming sales plan goals for a store I will be managing. He tells me I will be working with a group leader/supervisor in that particular store (in which the store is under his name), where he will only be my mentor, and will have no interference my managerial skill. I transferred to that store, and the district leader said I will be introduced as a "Manager-In-Holding", he will observe the store performance for november-december 2011, and come January 2012, he will promote me. January came, and there was no promotion, and said "when you are ready". He said that there is an opportunity on February to again show the results of the store performance under my managerial skill. February came, and no promotion, and said that the only way to get promoted was a store to become "available". The district leader transfers to another district and there is a replacement person. The group leader whose "name/title" was on that store I was managing said for me to treat this store as my own store because they intend on giving it to me when I become promoted to store manager. The group leader said that even though the store is under "his" name, top management such as the Director knows that the group leader is not producing the store performance results because "I" am managing the store. Then, March came, I get "3" write-ups in 1 week. I send my 2 weeks notice for relocation because another write-up means termination. The group leader tells me where I got the "Manager-In-Holding" title in my resignation letter, and I said the former district leader said I was that position. He is unaware of this, and only knows that I am a College Manager Trainee. The group leader tells me that they never said that they will give me his store that I am currently managing. He says that it is his store, and I am just a college manager trainee just to learn, and develop. I got booted out today. Was what they did to me misleading? manipulative?

In addition, I have been mistreated, belitted, negatively pressured, yelled at, threatened to make sales numbers by the group leader. My former, current, and new associates felt this way too, and the company policy does not state that it is a requirement to beat sales goals. The group leader interferes with my managerial duties, I think because the store is "under his name". I felt psychological and emotional stress from him, and continued to do so from November 2011-April 2012. Does he have the right to do so? By the way, he discusses to me about how the Director, district leader, and him craves power. He assumes I crave power. He and my former district leader said in this business it is a political arena.  
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.

XXXX XXXX

XXX XXXX XXX

XXXX XXXX XXX

Contact: (XXX) XXX-XXXX

Email:XXX@XXXXXX.XXX

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.

 

 

 

 

Enclosure,

 

XXXX XXXX

 

 

 

Expert:  Fran-mod replied 2 years ago.
Sometimes, finding the right professional can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Customer: replied 2 years ago.
what information do you need?

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