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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118201
Experience:  20+ Years of Employment Law Experience
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As a manager I am being accuse with no proves that I am retaliating

Customer Question

As a manager I am being accuse with no proves that I am retaliating and harresting this server when is totally the appaset
Submitted: 2 years ago.
Category: Employment Law
Customer: replied 2 years ago.
She is recording me every time I talk to other employees. She is accusing me for not helping her on fixing her voids or over charged customers even tho servers are responsible she is turning as I asked manager but manager refuse when is not tru at all . She last week call the hotline saying that I scream at her because she is having her cellphone on her front packet shirt that makes violation at companies rules having cellphone visible
Customer: replied 2 years ago.
I asked her to remove the cellphone she didn't wanted saying back to me live me alone you are harresting me . Lying saying that I am not giving her days off when she requesting wich is lie a have a prove that she didn't show up for work and is not documented because I gave her day /off she lie to h.r that she request 5-15 5-17 off but I did not give her when I did not do the schedule yet for that week . She is taking the pictures of managers book , request books and other documents that are always only in the office . We have 1 manager that doesn't want to get "involved " with employees and let the employee by them selfs in the office . After HR investigate last week they came in conclusion that I was doing my job that is no prove of me screaming but tonight she refuse to serve
Customer: replied 2 years ago.
Customers that came 10 min before closing saying that they could only drink when they asked the host if they could order food when she sitt them .as soon the host saw the couple leave and hear the server saying she can give them only drinks and they could go to the bar the host explain to me what happen
The server said to the host that you are helping the manager to harrest me when as soon as I want to say something the server tolled me to shot up talk only when Union stuart is present . She did create hostile work for all other employees here , I do have statement what they witness tonight from 5 of employees they don't talk w/ this server the h.r is not doing a lot I don't know why . Is any legal right for me that I can use is being impossible for me to continui in this hostile environment ? Why h.r is not doing anything?
Customer: replied 2 years ago.
I really need my job but I can not be offended and disrespected by employee for years . I know my job and I do it very professional ,can I call the hotline asking for some one ales to come from corporate doing serous investigation and realize how bad the situation is .this employee has first and final as documentation for telling the customers cheap Chinese and stupid
Customer: replied 2 years ago.
Because the didn't tip her at all
Customer: replied 2 years ago.
This employee uses this retailiatins claims that she filed with company before to manipulate hr and making them to accommodate her, treating her actually better than everybody ales .hr approve her loa for 3 days for not reason when they don't do it for othets
Customer: replied 2 years ago.
Is anybody can answer me back?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I am sorry for the delay in responding to your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. In this type of case, all you can do is document what you stated above and you need to send the evidence in writing to your HR department to prove that she is manipulating the system and making false claims. Get written signed statements from all of the co-workers who have witnessed her conduct as well.The other thing you need to do is you need to document everything she does and every single violation she commits in writing and send it to HR to build your folder on her to prove she is the one committing violations and as such set her on the path for being terminated. Because these discrimination claims like she is trying to make are considered so serious, all you can do is document the proof that her claims are false and send the evidence over to your HR person so they have documentation against her.