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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I work for a restaurant franchise as a General Manager. I called

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I work for a restaurant franchise as a General Manager. I called corporate and asked a representative if it would be possible to transfer or be re-hired at a company owned store because I love the concept, but would prefer to work in a more positive environment. He asked me to explain why I would like to transfer from the franchise. I said I would, but only in confidence. I said that people I work for now never tell any one when they are doing things right, only chastise us when things are not perfect.
They have been sued and are being sued by many people for many different things. For the last 14 months they have been having the general managers write themselves up (yes i had to write my self up) for any little thing we do that is not perfect. He has a ton on file for everyone in the franchise. He likes to keep it as leverage against anyone trying to sue him again.
The day I spoke to the corporate guy was 9/20/2012 at 10:43 am. The call lasted 11min 21 sec. On 10/5 my boss was waiting at my store for me. He and a witness wrote me up for being late 20 mins. I told him I would sign the write up, but I had taken a video of the accident I was stuck behind, and had planned to send it to him upon my arrival.
He then told me he refused to listen to anything I had to say, and that he knew I went to corporate. He then said that he did not trust me, and that he knows I hate him. And he said he is not wrong for having high standards.
Since then he has been constantly watching our video system to see what I am doing. Or having others call to deliver his messages to me. He had been at my store today 10/4/2012 unannounced since 7:30 am and I'm sure he's making it hostile there, although I don't know yet for sure. I work at 2:00 pm and to tell the truth I am afraid to go in there and deal with this hostile man with a legal history of being sued for firing people. I have been off since 5 pm on the 1st, for my scheduled days off and always return to a bit of chaos when I start my week. I am afraid he will have a ton of write ups waiting for me to sign for the store not being perfect on my days off. I am a nervous wreck over all of this. I have developed anxiety, and possibly kidney disease.
What can I do?
Can you please help me?
Hello and welcome,

I am very sorry to hear of your difficult situation. Are there any other options to resolve the situation that you can see besides being transfered? The company denied your request to transfer?

Customer: replied 4 years ago.

The company said I would need to get a release from my current franchise, quit and then hope they hire me basically. It would be too much of a gamble for me though, because Im a father of 2 who pays for a house hold of 4, I am the main income for my family. I cannot afford to gamble. we live paycheck to paycheck and cannot afford the risk.


I am working on my resume as we speak, but this guy has me shaking.

I see. Thank you for the additional information, Nathan.

Because of the extreme nature of the situation, it is likely you could receive unemployment benefits if you quit. You would typically need to prove to the commision that the work environment was so poor that a reasonable person would have been compelled to quit and that you exhausted your options in trying to resolve the situation, before deciding to quit. In that case, you could receive unemployment benefits.

Another option is to retain a local employment law attorney to communicate a demand to the individual indicating that they may be sued for interference with contract relations since it does appear he is intentionally attempting to interfere with your employment relationship. If he wishes to avoid litigation, this may have a positive impact, but based on the information you have provided, it does not sound very likely.

Another option is to file a worker's comp claim if a physician can determine that you have a medically diagnosable condition caused by your work enviornment. In that case, you could typically collect worker's comp benefits while you are unable to work due to the medical condition. However, the employer may challenge your right to benefits, which would normally delay any benefits being paid out to you.

It sounds as though you are on a path of self-destruction if you stay, so I would put as much energy as you can into finding another job, but in the meantime, you may wish to gather as much evidence you can to show the horrible working conditions so you have the best opportunity of obtaining unemployment benefits if you must quit at some point.


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Thank you very much and all the best to you,

Tina

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