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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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How can I be discplined by my employer for a claimed

Customer Question

How can I be discplined by my employer for a claimed inappropriate Text that was a medical physical condition? My District Manager and another store manager from another store as a witness and I were in the store office and was told by the District Manager that I sent an inappropriate Text and to All did I send the Text. This Meeting was not announced or I was not given any indications that I was going to be called for a Disciplinary Counseling. The District Manager seemed to be implying that I sent the Text to more than Two People. I sent the Text with an attachment of my Bare Back with a Lipoma Lump to a Supervisor to show the severity of my symptom and to Pre-inform of possible loss of work days. I also sent the same Text to the Assistant Manager for the same reason of possible loss of work, the use of pain killers after surgery and to show where the actual Scar would be while working in a very High traffic retail customer business. I told the District Manager if my Text were forwarded by either of these two people it was without my permission and felt that my Privacy was being tampered. The District Manager Did not tell me All who received this Text or how he received information about the Text. The District Manager just told me I was Being Inappropriate without giving me Specific Reason. I have all Texts, the attachment picture, Medical diagnosis records and Reference to Policy and Procedures of cellphone use from our Retail Store Training Modules.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 11 months ago.

Hello,

Thank you for your post, however, I am unclear on why you might have thought it was appropriate or necessary to send a photo of your back side, even if that is where the medical issue is, to anyone at work. Can you explain? Did anyone direct you to send them a photo because they wouldn't believe any of your medical records or doctors notes to be off of work?

Customer: replied 11 months ago.
No one directed me to send a photo. My medical Diagnosis on paper States the Condition of Lipoma (Not the Exact locations on my body by Description of Words or by a Comic Model Picture to show locations.) This photo was sent to a Supervisor who had been notorious for constantly switching her work shifts without notice or becoming indifferent with me Verbally whether it be in Front of the Customers or other Supervisors when she was Tired or irritated because of uncontrolled Anger management that I am Unaware of or relating to her smoking habit or trying to quit smoking. At the time I was Told by the Store Manager (who Quit Recently) to Alert this Supervisor with immediate Concerns reason being that this Supervisor and I worked together more often. I rarely saw the Store Manager in Person because of his Unannounced schedule changes or Absence without notice. This Supervisor Did not Alert Verbally to the Assistant Store Manager of my Physical Concern. Reason being The same photo was sent to the Assistant Store Manager who is in Charge of weekly schedules/changes again to show the severity/location of the Lipoma in case my surgery scars soreness would effect me while working. These texts were only intended to two people and Not to forward the Text. Our Store receives Many Walk In Customers and Patients that have had Several Medical Physical conditions that just walk in the store for immediate self medication or advice from the Pharmacists where you can not Label appropriate or Inappropriate on All Parts of the Body. There is not Even a Curtain or Private area to Give Flu shots if the customer chooses to want their shot on their Hip. It seemed appropriate to me to send my back side to show the Severity of the Physical Condition/Location with their being of lot of People traffic brushing each other in a Retail store and the movement of objects on the sales floor/swinging doors. To show where the Location of the Stitched Scar would be After Surgeries. Reason for requesting to just work at Register area away from Constant Human Contact. I have numerous doubts of Management Believing me on general issues at this store and not getting the Support to politely Inform Customers of what is Appropriate Language or Dress in the Store. (When a sober customer calls me the B word for trying to explain policies of reloading a card. When Women show very exposed cleavage trying to influence a purchase. When grown men wear their waist belt pant below their buttocks exposing their undergarments.) In this store I have not received As Needed Support from the Co-Supervisors and Store Manager(that Quite Recently almost two Weeks ago) with Customers to explain Politely and Professionally. It seems the Management team works with a lot of Office Politics and or Texting the customers/other employees without Verbal confirmation with All employees that may effect the working conditions on every shift. Polices per our Training Modules are not always being Practiced or work against. To date the District Manager has not replied to my concern for second Reviews by his Peer Management/The Same Management that would Review my Concerns of this Counseling if I would have sent it to the EthicsPointLine.
Expert:  Marsha411JD replied 11 months ago.

Unfortunately, I am not available to assist you with your question today, so I will opt out of the question and allow another Expert to assist you. They will let you know when they have a response, no need to respond to this post. Thank you

Customer: replied 11 months ago.
I can add files to All Snapshots of the Texts/Of the Lipoma and Medical Diagnosis.
Customer: replied 11 months ago.
This email was sent to the District Manager (Hany Youssef-cvs caremark) on September 2, 2016 the day after the discipline counseling with the Snapshot attachments. To this date the District Manager has not replied for the Requested second reviews from his Peer Management the same Management that it would be Reviewed by If I had chose to Consult the EthicsPointline. Being the Reason I consulted JustAnswerServices.Follow Up from yesterday's In Office meeting.
the timespans of these texts are sent according to Scheduling surgery and how there was not an acknowledgement from Wendy who I consulted per Jeremy with any Concerns I had or to compromise with Wendy's work schedule at Store # 5260.
Follow Up also was to be with Matt being trained in Payroll and work schedules.
During our Meeting to me it seemed surprising about my texting being inappropriate.
It seemed that it was assumed that I sent Texts to more than Matt Sanchez and Wendy Romo.
My Texts were sent with Total Trust of Privacy, not given them permission to Forward Text.
It baffles me how there have been several inappropriate in person situations with Wendy at Register area in front of customers that were offensive towards me and it not being acknowledged by the Store Manager because of their Close Befriended relationship.
These texts were meant for Medical Information/Physical/Mental Status that could have been affected by Prescriptions for Pain when and If my surgeries followed through and too clarify my attendance.
In Our meeting yesterday it was not said or I did not ask Who Else received my Texts besides Matt and Wendy without my persmission.
It baffles me that a Customer can reach across the Counter to move my CVS Jacket lapel just to move it so he could see my name tag almost touching my bosom with his hand without my consent when the customer is apparently drunk with other customers nearby and not being able to confide in a fellow co-worker such as Wendy Romo- an experience I have had at this store # 5260.
It baffles me that a customer can call me the "B" word just because I was explaining to him politely that the mininum on a reload card is $20.00 when he wanted $ 11.50 and insisted that I try it that he had done this before at this Store # 5260 then I Text My Store Manager of this Concern without Response and this seems to be Appropriate for the Store Manager not to Reply or follow up with Concern.
Or at least respond by having a group meeting with all the supervisors in one room in which this did not occur.
It baffles me when Adult Women Visit the store with very inappropriate Low Cleavage or bending over at counters Just Because they want to or they are drunk and not have the support of another supervisor as Wendy Romo to appropriately address the individuals at Store # 5260.
It baffles me that Adult Men Visit the store wearing their belt waist part of pants below their buttocks with their undergarments showing and not have the support of other supervisors to appropriately address the individuals at Store # 5260.
I can and will Acknowledge your Opinion of my Texts of Being Inappropriate and will not Text freviously and Hope that you can Acknowledge that I do not Believe that my Texts were Inappropriate compared to All the Mishaps I Have had with Customers and supervisors at Store # 5260.
These attachments are not meant to be inappropriate they are for your Review and other Associates that you may choose...Preferrably Brant Day and Darlene Mallich.
Thank You once more for Our meeting yesterday.
Customer: replied 11 months ago.
Reviewing Texts and Medical Paper. On July 24th I texted Supervisor with Picture of my back with large bump not knowing what it was if it was a spider bite or not and informing that I did not go to Emergency stating that I will be going to a clinic that accepts my Insurance. On July 25th I Walked in to Clinic where the medical staff did state on paperwork that I noticed a Lump on Right Upper Back. All the days passed Supervisor did not Report this to the Assistant Store manager. On August 1st A Referral form for Surgery was scheduled for Consultation where it described Lipoma on Back. August 17th I texted To ASM to inform on waiting on a schedule of Removal of Lipoma. On August 22nd I texted the ASM the picture of the Lipoma. August 27th I texted to ASM to inform about Lipoma Diagnosis not sure about Dates of Surgery. Until August 30th Surgery was Unclear because of unannounced cancelling by the Dr. Hariz.