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JENN
JENN, Paralegal
Category: Employment Law
Satisfied Customers: 184
Experience:  6 years as a paralegal
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ive been working at the home depot for 18 years and i was ...

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ive been working at the home depot for 18 years and i was late for work i called the manager on duty who said ok ill see u when u get in .  i arrived at 6;30 a.m. original schedule was 6 a.m..  the assistant manager never came ffoorth to admit that he told me not to punch in. after i left work on friday the 21st that manager tyext me twice.. once ..DO U WANTA TALK./ and the second text WE NEED TO TALK!!!!!! call me asap. my thing is this if management went to look at what time i came in why didnt or havent they bothereed to look into this a little further and see that this manager handed me the paperwork to fill out and he in front of the cameras signed the paper work and took it with him so that our computer room could imput the time. theyt have me on camera  coming in at six thirty. i even told the manager that two other managers saw mwe come in at six thirty he said to lie.  now IF THEY HAVE ME ON CAMERA  coming in and posting myself at the desk they would then see that he brought paperss to me and asked mne to fill them out and he signed them.  i informed our HRM AND REGIONAL HRM.  that he told me to do it aNd noww it may cost me my job.  that has been the norm at home depot that managers will tell u  one thin then obsolve themselves from any rersponsibility.  its on tape he signed it. hes denying it but if i called into him and hes signing what he asks should  i b held liable and terminated for wwhat a superior tells me to do
Submitted: 6 years ago.
Category: Employment Law
Expert:  JENN replied 6 years ago.
Hi again,
It is apparant that manager was wrong. His behavior shows that he is hiding something or covering up for something that might have occurred before you entered the picture. Its obvious that they set you up to cover their tracks and hold you accountable. The question is what is that they are trying to cover up or hide and hold you accountable??
Management in large companies that don't have a system of checks and balances often encounter these sorts of situations. Since they don't to have a formal investigation on their part, can you do a little ground work for yourself? Do you or can you get a copy of the security camera tape?

Thanks
Customer: replied 6 years ago.
well jennifer i was just terminated today at about 4pm today. i have no access to security tape. the other assistant manger of the home depot still has his job. he states that he didnt realize thathe signed me in for that time yet it is his job to verfify this. i can get a copy of my cell phone records that indicate that i did call him to tell i would be late and it will show his number as the one i called. i have dates and times logged as to when the another manager went to lunch with hourly associates and everyone who paper punched their lunch was inaccurate in time and took extended lunches. i know of another manager who blatantly bragged about falsifying documents that enabled him to transport hazardous materials againt the new fire code compliance law for the state of california and he laughed stating i get away with this because i am shady. i was asked to work off the clock and come in for five hours to set the store for an event. and three managers asked that i do not punch in , this was on 3/16/08. it is illegal for any hourly asssociate to work off the clock yet they said they would pay me on a comp day whatever that is.. they said to shave it off in the coming week so that the store would not be held be in trouble if they went over their overtime goal. i have not been paid for that nor would any manager sign tthe sheet stating that i was there. all my associates saw me there and i have a receipt for the merchandise that i purchased tthat i have not been paid for yet as proof that i was in the store to set for the event. in regards XXXXX XXXXX overtime what do i do. it seems that now everyone is covering their buts and im left in the cold. i have documents that state that the home depot has falsified documents to cover myself yet in the good old boys club they r protected. i have asssociaates that would vouch for the wrong doings of the home depot. the store is corrupt and are trying to cover their tracks... DO I HAVE A CASE????? if i choose to proceed to a higher authority?
Expert:  JENN replied 6 years ago.

HelloCustomer

Yes, you need contact your state labor law board as well EEOC immediately! Several of your civil rights in the workplace has been violated (see below). I also believe you can sue your employer for negligence, improper conduct, harassment in the workplace, conspiracy to harm your intellectual ability (there is a law for that actually under the ADA compliance in the workplace section), wrongful termination and possibly fraudalent conduct. I would consult an employment attorney ASAP - find one in your city that may offer a free consulation or reduced consulation based on you situation- you might be surprised!

Your basic civil rights in the workplace, essentially as follows:

  • To be treated fairly and equitably.*
  • To have a safe environment in which to work.
  • To be free from discrimination.
  • To be free from harassment.
  • To be compensated equitably, i.e., same pay for same work done.
  • To be free from retaliation for filing complaints against a company.
  • To be free from an invasion of privacy

Your employer also demonstrated unfair labor practices under Federal Labor Management Relations Agency.

Look here for some helpful information -

http://www.flra.gov/statutes/fslmrs/fslmrs.html#7116

http://www.flra.gov/statutes/fslmrs/fslmrs.html#7122

http://www.flra.gov/statutes/fslmrs/fslmrs.html#7101

Since your were terminated today - go ahead and take immediate action as the information is fresh in your mind! You may also be eligible for unemployment - check with your local unemployment agency!

Best of luck and take care!

 

 

JENN, Paralegal
Category: Employment Law
Satisfied Customers: 184
Experience: 6 years as a paralegal
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