I am a manager at Old Navy, and have recently been put on paid administrative leave for a pending investigation, indicating my time sheets were being reviewed. They also indicated there was a complaint to HR about me in which alleges hostile
behavior, but did not provide specifics or information further than that. I realize they do not have a legal obligation to do so, nor am I entitled to an interview
to contest any claims of the investigation, as we are in an at-will state. However, due to circumstances, the timing of the investigation, I believe this is possible retaliation
for whistle blowing payroll
fraud and wage discrimination
(against a peer of mine) made by two of my superiors.
My former General Manager (who has since been terminated) would frequently "manage payroll" by recoding employee shifts under their earned Personal Time Off, so as to appear he was not continuously exceeding the store's payroll budget. I brought this to the attention of the assistant store manager (also my superior), and he indicated he would talk to him about it. I also brought up my other concern, and disclosed that I knew my GM had demoted another managers' position from a full-time, benefitted position to a lower, part-time/non-benefitted position without her knowledge. At the time, I didn't realize my assistant managers' involvement in this scheme, and unknowingly was blowing the lid off his actions as well, only to find out later that he not only already knew about it, but played a large roll in manipulating her as well. However my GM and ASM were very close, and would often hang out outside of work. As I did not believe this would bring a fair resolution to the matter, I brought it to the attention of our Loss Prevention agent, who also did not indicate an intention of investigating or escalating the matter. It is possible that he did, or someone else did, because within a matter of a few weeks, my general manager was fired for payroll fraud. I was not interviewed for his investigation, and as the issue of my peer's demotion had not been addressed, I brought it to the attention of my District Manager (who was also known to go out for drinks with my GM), and indicated the ASM's involvement. Our conversation was cut short as she was in a hurry to get on a conference call, but she resolved to reinstate my peer's position as full-time. She also promised we would call me to continue our conversation the following day as I pressed I had further concerns of a hostile work environment, bullying
towards me, and fraternization, however I never received a follow-up phone call. In the following weeks, the ASM recommended a replacement GM... His Sister-In-Law. She was hired. By my district manager. After only a week of training and on her first day at the store, she notified me that I was put on administrative leave. Rumor has it that she is making way for HER good friend to replace me. I called our HR manager, and began to tell her about the situation, and started with the fact that our new GM is family by marriage to the ASM - she suddenly had to attend to personal matters, and resolved to call me the following day, when we could discuss the allegations against me and my concerns as well. That was supposed to be Wednesday, and once again cut short before I could fully express my concerns. My 3 day paid administrative leave is supposedly up today, and am fully expecting a termination
assuming I do not resign before hand. Unfortunately my tendency to abide by the rules has earned me previous HR calls, and allegations of hostility after an employee complained about not receiving enough hours, to which I addressed that her lack of availability on nights and weekends was unrealistic to accommodate in retail. My former GM unfortunately was deemed a favorite amongst the employees, as they just texted him whenever they wanted shifts.. Hence one of the reasons contributing to his abuse of payroll. For that, and because my former GM made it no secret that he hated me (and worked very hard to tarnish my reputation amongst the associates) I know I am seen to many of them as the "mean" one. As far as questions that may arise about my time sheets, my GM and ASM would frequently schedule me either without or very late lunch coverage, forcing me to meal violate. Both pressured me to not clock out and just take my lunch late, and would then later alter my punches to indicate I had taken my lunch on time, even when I just worked through it being the only supervisor in the building (because they left early). My question is, is this worth pursuing with legal action, even having previously documented HR allegations made? Or am I better off resigning and preserving my right to truthfully tell future employers I have never been terminated?