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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37039
Experience:  I provide employment and discrimination law advice in my own practice.
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Call me crazy, but I finally found a job I like, that is until

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Call me crazy, but I finally found a job I like, that is until lately. After I completed training for an Assistant Manager, I was sent to a location along with another Assistant whom was promoted to General Manager. I was new to the company before the 8 weeks training. She on the other hand had been with the company several years. She worked where I completed my training and I witnessed her cheating on completion times and other short cuts to achieve the goals the company has put forth. Knowing this I was leery when I heard who I was going to be working under. We were sent to a store located in my neighborhood that has a bad reputation due to the uncleanliness and bad service. Needless to say our store's customer base was very low. At first our goal was to get the place cleaned up. Its going on 7 months and while our business has picked up due to my effort of getting it cleaned up. The GM is sitting in the office and the only thing she has been good at is lying. She runs up the labor and by 8:00 I have to send everyone home which leaves me with the cleaning, waiting on customers and closing the store ie paperwork. When someone quits I work. There has been times I was still there when the morning crew comes in. I have gotten to where I just tell her, and she doesn't like it. When I go in I make her walk around with me to see the mess she has left me with to clean. She has made me out to be a person that is hard to get along with. She talks bad about me all the time. I am in my 50's. She is in her early 20's. I was taught to work beside your crew and the customer comes first, she tells her crew what to do and goes and sits in the office. If customers come in she doesn't wait on them. Most of the employees have quit because of this. She has been setting me up to fail. I requested a day off, she doesn't give it to me. I don't get two days off in a row either. I recently ran across some paperwork that shows if they adjusted your time that you worked due to forgetting to clock in and out. The procedure is, you have to have the employee sign it along with a managers initials. In July the upper management started questioning our labor and speed of service times. In August I was left with a teenager to close the store. I found a weeks worth of those adjustments where she had adjusted my and his times by shorting us 2 hours a piece. Some of them she signed my name to it. Then on top of that she hired a older guy to work and on his first day, she informed me that he would ride the bus there, but he needed a ride home. I live a quarter of a mile away. He lives 6 miles away. So 4 nights a week I am driving him home and back 12 miles for free. I also have studied the labor report and it is not being figured correctly. Our bonuses are based on this report. I have told her and she doesn't know how to read it and tells me its right. Isn't this illegal? Who should I report this too? I don't want to have to start all over somewhere else at my age, but I feel I should be compensated.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 9 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

What do you think her behavior toward you stems from--is it your age or hat she is incompetent and is threatened by what you know, or a combination? Have you contacted corporate directly or HR?
Customer: replied 9 months ago.

I think its a combination. No I haven't contacted HR or corporate. I just found the time clock reports today. The thing is the HR person is the one who trained me. Then we had a management change that moved her to the District Manager. Just recent we have gotten another Manager and I think they moved her back to HR. She is constantly up there with my manager doing her paper work. I have had my rounds with her as well. When I first started I was told I would have health insurance. I received a letter telling me to get the package from HR. She kept forgetting it. I finally ask them if I wasn't going to get insurance, to just tell me the truth? Two weeks later I got the package. It was in spanish. I asked my GM if I might could get one in english. She hadn't noticed it. She tells me "see how you are, never satisfied" She thought it was real funny. Another two weeks go by I finally got one. I tried to enroll on line and it would let me. So I called and was informed It was past the enrollment date...so I told JR she told me to call them and give them her number. I did and have called several times. I called yesterday and was told I wasn't eligible. But you see, about 3 weeks ago I had gone to work, and I have never missed a day since March when I took this job. I was in pain throwing up etc. I called my gm she tells me she would be in soon, two hours later I call her again, told her I was still throwing up and my crew member need help she was out there by her self. She tells me she still had to do some things. I called her again and she tells me she wasn't coming in...I called corporate after I sat up there for 5 hrs it took corp only within 15 minutes to get someone there. It wasn't the gm either I went to the emergency room with no insurance and turns out a kidney stone, severe dehydration....now I have a 6800.00 hospital bill.Since I did that they have been mad at me.

Expert:  Dimitry K., Esq. replied 9 months ago.
Thank you for your follow-up.

When was the last time you attempted to speak with HR, how long ago? Beyond that attempt, have you tried anything else to obtain help or is this your first step?
Customer: replied 9 months ago.

To be honest I don't know what to do. I know I am fed up with it. Last time I saw HR we had a meeting 2 sat. ago. I was told I had to be out of the building 1 hour after we close. When I would try and explain that I am the only one scheduled. The GM would out speak me. Telling it wasn't true. She told her not to hire any more teenagers, so she did. 2 more people have quit from first shift, so she takes my staff and uses them leaving me with no one. Oh I get to train the new teenager.

Expert:  Dimitry K., Esq. replied 9 months ago.
Thank you for your follow-up. I do see a few issues here that are concerning so I will attempt to list them in order. Should I miss anything, please use the 'reply' button and I will clarify or explain further.

I do agree that you are having legitimate issues with this employer. I see your lack of common ground with the boss as frankly less of an issue than their behavior pertaining to the medical sign-up. That, by itself, appears discriminatory and retaliatory in nature since they attempted to withhold (and did withhold) benefits to which you are entitled to.

I also see the hours that you are compelled to work as an issue, especially if someone is docking you hours so that you are not being paid in full. That happens to be fraud and a violation of state employment law which requires employees to be paid for their time.

Her taking your employees and rescheduling time is potentially bad-spirited but permitted since it is a business decision. It does not help that you do not have friends or contacts higher up in corporate since that appears to be exactly what would need to be escalated. So would the jokes and the behavior at your expense, since that appears to be based on your age--that is in violation of the ADEA or the Age Discrimination in Employment Act, which forbids employees from discriminating against employees 40 or older, and that is part of what you are describing is happening.

If you cannot obtain an answer from corporate, you have two next steps. First, consider contacting the EEOC in your area and filing a grievance on basis of being in a hostile work environment and experiencing retaliation. Point out that you are not granted benefits when others are granted the same rights, you were intentionally provided the application late and in a different language, and that upon your requests you were laughed at. If the EEOC finds merit, they will issue you a 'right to sue' letter which you would be able to use and obtain an attorney who could pursue the company on your behalf. The second step is to contact the labor department, and show that you were not being paid--if they see it as valid they will likewise pursue an investigation and possibly fine the company in the process.

Hope that helps.


Sincerely,

Dimitry, Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37039
Experience: I provide employment and discrimination law advice in my own practice.
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