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I am an event specialist ES, giving food cart demonstrations…

Customer Question
I am an event...

I am an event specialist ES , giving food cart demonstrations at a BJS store in Geneva, NY. The manager of all event specialists ESs is to my knowledge breaking the law weekly for last 12 months. The ES team wants the manager fired due to breaking the law weekly. Also, the manager is a Narcissist, by psychological definition, very harsh and derogatory to all staff and vengeful and self seeking. But the breach of law issue we want the district manager and ASM Company to recognize. So far we ESs report to ASM that the manager breaks the law weekly. ASM says they are investigating....but they have been doing it for 10 months and never responded to our complaints. The manager is 77 years old and we think ASM doesn't want to fire the manager due to age.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Not done.... Im writing

Lawyer's Assistant: Has anything been filed or reported?

The ES team and myself included report to ASM Advantage Solutions management investigators and district manager that the ES manager breaks the law weekly. There are 4 if us out if 11 if the ES team that report weekly to management about various issues with the manager.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I need to tell you .... more

Submitted: 6 months ago.Category: Legal
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1/8/2018
Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,288
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 6 months ago
Ok, I realize that the upper ASM management WILL only fire the manager if we prove clearly that the manager is breaking the law weekly still. ( ASM is going to over look it appears with no response all personality problems if Narcissism the manager has although we reported them.) The ASM company has told the manager to stop breaking the law before but she continues to do it. How can we make it clear that ASM has to fire her or legally ASM will be responsible for her breaking the law-their negligence. The law the manager breaks weekly is:Each week the ES manager tells a ES wirkervto leave her demo cart and product- put it in the back cage where it isn't worked for 30 minutes and and she tells ES worker to take a break. It's called by manager, "going dark." The products are being sold by a client who pays ASM to have ES demo the product for 6 hours advertising. The manager each week has walking demos "go dark," so the product is only demonstrated for 5 and a half hours. I reported this to manager investigator and It's been 4 weeks with no response from management to me.I spoke with other ES workers and they think ASM is trying to assume we are not telling truth or pretending the manager is doing better and no longer "going dark."The manager has been told to stop telling ESs to "go dark," but the manager still does it. The advertisers are being legally fraudulent my stolen from weekly by this manager.The district manager is coming next Friday to interview 4 of us ESs about any issues we have with the manager investigated. . The ES s are tired of being ignored by ASM and want to give up.I'm not giving up and letting this fraud be swept under carpet by ASM. I want AND all ESs want ASM to fire the manager breaking the law. I'm going to speak to the ES before we interview with the district manager next Friday-what should I tell them to empower them and myself to stop this manager from committing fraud? How to fire her? Maybe so should report it all to another agency? Help?
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Hi, I see that you responded. Bear with me a moment so I can read and respond to your questions.

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Lawyer: Legal Eagle, Lawyer replied 6 months ago

Hi, given the complexity of your issues, I want to recommend a premium service phone call. Typing back and forth would probably dilute the value to you and I can give you better recommends, ask questions, and get clarification if you and I can chat. Let me know if you're interested.

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Customer reply replied 6 months ago
I was told that "if an employee ES is sick and needs leave work demo cart early after 4 hours it's ok-not breaking law. But if they go dark it's breaking law for a break." Breaks are required by ASM and we ES all get one 30 min break daily but the manager is supposed to work our demo during our break. ASM says we are not to be going dark.
Customer reply replied 6 months ago
I can't afford to pay that. Please respond on paper.
Customer reply replied 6 months ago
Online I mean
Lawyer: Legal Eagle, Lawyer replied 6 months ago

I understand. With that said, I'll need to opt out and let another attorney expert who may be able to unwind your situation a bit more easily. i'm very sorry, but thank you.

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Lawyer: Gerald, Esq, Lawyer replied 6 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,343
Experience: Over 30 years of experience
Verified

Hello:

I am a different expert.

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Your only obligation os to make the report to the district manager. Once you have done so you have no further obligation or responsibility.

If you must take your 30 minute break and the manager does not provide a person to cover, or if there is another reason why you must legitimately "go dark" the responsibility now lies with the company and the district managerand the manager.

You have fulfilled your obligation by making the report.

All you need do is keep a record of the times you "go dark" as a result of the failure of the manager.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 6 months ago
I have known I'm not responsible for the manager covering my break. But I and other ES s want the manager fired and brought to legal consequences. What to say and who to tell/report to because ASM hasn't done anything?
Lawyer: Gerald, Esq, Lawyer replied 6 months ago

You can NOT force the company to fire the manager. That is the company's decision and responsibility. All you can do is keep track of the failures in the event that the comopany ever conducts an investigation.

There may be many reasons why the company is reluctant to fire this employee. Management gets to make that decision and if you try to force the decision you could be the one out of work.

I am sorry if this is not what you want to hear, but I would not want to mislead you.

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Customer reply replied 6 months ago
I think this fraud should be reported to another agency . ASM is negligent. I am looking for a way to stop the fraud. I knowcto be careful and tactful but I won't stand and watch fraud weekly.
Lawyer: Gerald, Esq, Lawyer replied 6 months ago

Okay. I see. The agency that you would report this to is the NY Attorney General. See:

https://ag.ny.gov/contact-attorney-general

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Customer reply replied 6 months ago
Is there not something milder, such as Labor board? I want to report anonymous. Is there a way to do it anonymously?
Lawyer: Gerald, Esq, Lawyer replied 6 months ago

Yes. You can also use the Department of Labor:

https://labor.ny.gov/dol-contact.shtm

And you can file an anonymous complaint.

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Customer reply replied 6 months ago
I already had Labor board on phone now. Guess I already knew these things. But thank you for affirming my thoughts.
Lawyer: Gerald, Esq, Lawyer replied 6 months ago

I hope you can still provide me a positive rating for my time and attempt to help you.

Good luck.

Kind regards,

Gerald

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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