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  1. #1
    Join Date
    Jul 2006
    Posts
    392

    Default Mistreated At Work

    I started a new job about 2 months ago. I deal with 5-10,000 dollars a day, so it surprised me when I was short 6.30 and was told by my manager, pay it, or get written up. We all know this is illegal, but I have kids to provide for, and the tips were good, so I payed up, so I would not get written up. Their rules are, if you are over or under more than 5.00, you get written up. My boss said, if you pay for it, then I will not write you up. I, knowing the law, knew this was illegal and that they could write me up, or even term me, but they could not take m oney of mine for a shortage in the till. I will make this short and sweet. I mentioned it being illegal, and going to the Oregon Department of Labor, when I quit, or was fired, but for now would pay, because I could not afford to lose this job. I told this to the assistant manager, whom was also mad to do this, heck everyone is made to do this and I know for sure they have 9-12 stores, Since the remark, I have been transfered to one of the worst stores (druggies go there mainly), and won't be given over 24 hours. This week it was only 16. When I asked why my schedule was changed over the weekend, she replied "well we have other workers coming in and we have to make room for them somewhere". I agree, but to go from 40, to 16 and to have my weekends that were promised to me when I worked a double shift for manager, and all of a sudden had 5 complaints, a final warning for telling a customer (who was my sister), that I felt they were trying to fire me or make me quit, I got a final warning that if I do anything, and I mean anything wrong, I will be fired on the spot. The final warning was for "insubordination". I never said I would not do anything, or not work, etc, all I said was the truth, I threatened the DOL. and my life there went from perfect employee to 5 complaints a transfer, and 16 hours a week. I do not know if there is anything I can do legally, I would quit under duress, and try for unemployment, but since I have a second job, I will not qualify for unemployment. What are your thoughts on this, even though I had not yet went to them, when all this happened less than 4 days after I told the assistant manager what I was going to do, could I charge them with retaliation, or whistleblowing, even though I had not done it yet, I had threatened to do it, and they knew others knew I was going to (yes, even other workers that were going to get in on it, because they also were made to pay for shortages, and still getting written up. I don't know if I am angry because I know they are breaking the law, or if I'm hurt cuz they treat me like I am stealing! I have asked to see the video of that night because I have a time in my head when I think a shortage happened, I won't go into detail, but I know I could show them a thief, but I know it will never happen, for I have been told this whole time there are cameras, and there are, 4 of them, but none overlook the register or register area so If I get robbed or killed, there is no one I can prosecute, or the survivors can prosecute (well see get prosecuted, you know what I mean). I am still going to the DOL on this, but is there anything else I can do to them for retaliating so extremely, that I am depressed, knowing my bills won't even be paid now? Thanks for your time guys, and so sorry about the book I wrote lol!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,816

    Default Re: Hi, I Have Always Came Here To Help, But Now Need Advice Myself.

    Hi there:

    Did you say to them, this is illegal but I'll pay it anyway, or did you just pay it?

  3. #3
    Join Date
    Jul 2006
    Posts
    392

    Default Re: Hi, I Have Always Came Here To Help, But Now Need Advice Myself.

    Quote Quoting cbg
    View Post
    Hi there:

    Did you say to them, this is illegal but I'll pay it anyway, or did you just pay it?
    I told the assistant manager, this is against the law, they can discipline me or even fire me, but they can not take my hard earned money,BUT I can't afford to lose my job, so I am going to pay it, but when I get fired or quit, I will be going to the DOL and reporting this, and getting all this money back. The saddest part for me cbg, is I am an honest person, and out of 5 cameras, 4 work, and the one that does not work, is the one that faces the register and the area where the ticket was stolen from. I have no way of proving I'm not a thief, nor do I have any way of identifying the woman that took it, and prosecute her, so I can get my money back, so they get their money, but I don't get mine, and I get written up and demoted, because of thier lack of ability to show thievery. The assistant manager told me that camera had been dissconnected since she started 2 years ago. She called the owner to tell him, because she thought that maybe someone had done that to prepare for a robbery, and the owner said, "I know all about it, I did it myself". Something that had to do with it interfering with lottery". Thier other stores had been robbed so many times (3 or 4) last month, that now it is mandatory for all workers to wear a panick button, and you are fired if you do not, but they can't protect us with video survellience (sp?) where it is needed most. Sorry for the book on such a simple question from you. I am just hurt and angry, so I have to pay this back, and only am being given 16 hours a week now, not 24. When I asked why it was changed again, the manager said "schedules change, and we have new people coming in. That was it, though no one elses schedule was effected but mine which was low allready. I'm really scared cbg, I can't even meet the bare minimum of bills with what I am making now.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,816

    Default Re: Hi, I Have Always Came Here To Help, But Now Need Advice Myself.

    I would discuss this with the OR DOL.

  5. #5
    Join Date
    Jul 2006
    Posts
    392

    Default Re: Hi, I Have Always Came Here To Help, But Now Need Advice Myself.

    Quote Quoting cbg
    View Post
    I would discuss this with the OR DOL.
    Thank you, will do. Is there a way to file a complaint via email, or form online, or do I need to call in a complaint, just curious? I am better at typing and thinking about how I need to word something, insted of just talking about it, because I do get emotional, and it sure would be embarrassing to cry to a stranger. Thanks for your continued support, and good advice!

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,816

    Default Re: Hi, I Have Always Came Here To Help, But Now Need Advice Myself.

    I'm not familiar with the Oregon DOL procedures, but I'm sure if you call them (the number will be in your phone book) they can give you direction.

  7. #7
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Mistreated At Work

    Hi turbowray.

    Oregon - Bureau of Labor & Industries, 800 NE Oregon St., Suite 1045, Portland, Or. 79232; 971-673-0761; www.boli.state.or.us
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  8. #8
    Join Date
    Jan 2008
    Posts
    21

    Default Re: Mistreated At Work

    The only suggestion I have for you wouldn't involve a courtroom but a Molotov cocktail, your boss, a chisel/hammer, and some leg irons.

    (yes, I can get downright unreasonable when it comes to employers like yours)

  9. #9
    Join Date
    Jul 2006
    Posts
    392

    Default Re: Mistreated At Work

    Quote Quoting Bamboonga
    View Post
    The only suggestion I have for you wouldn't involve a courtroom but a Molotov cocktail, your boss, a chisel/hammer, and some leg irons.

    (yes, I can get downright unreasonable when it comes to employers like yours)
    Ha ha thank you, sometimes I feel the same way, but I am here cuz I do truely believe in the letter of the law tee hee! Thank you for the address, to the other poster! I have an update. I was called into my district managers office before I had even worked a day since the write up, and she said I'm sorry, I am going to have to let you go. I asked why, she said because of your food handlers card, I told you that you would have to get it, or I would have to take you off the schedule (I guess that means term you). I said "Honey, that along with my OLCC card was taped to the inside of the cupboard that everyone uses for that sort of information, 2 days after you requested it, so it has been there for over a month. She replied "OH, then never mind, threw the papers up in the air in joy, and said heres your check (it was payday). I though was not so elated, and started to cry, and told her that ever since the write up on the shortage, I have been picked on, and if my manager had actually looked before accusing me of not obeying your order, this could have been avoided, and you would not have had to fire me, and rehire me in 1 minutes time. I was almost let go over something I did not do, and that is worrying me alot! I started to cry and told her, she has put me down to 2 days a week, and I have to pay all the bills in my home for now, because my husbands settlement money is gone, and he has to finish 10 more weeks of schooling and then 3 months of unpaid internship, so I am the only breadwinner right now, and I am worried I will lose my home over this! She told me, as she was angry that she had to let me go and rehire me over a lie, that she does not want me to work for my manager anymore, that obviously there is animosity (sp? between both of you). The matter of the fact is, when I went for the interview, even though I knew I had the job, the manager said, "Don't hire her, she is someone I had 86'd from my store, when in fact I had never been in her store, and I definately am not one to go in there, I just needed a job. So for mistaken identity, she never liked me from the get go, and it pissed her off when they said, suck it up, shes going to work there, so to me, she would want to find reasons to let me go from the start. I figured when I worked for her, she would see that I really am sweet, and not the type to get kicked out of anywhere, but now I see I was wrong. So two strikes against me, one, she didn't want me to work for her from the beginning, and two, I threatened to go to DOL over thier till shortage practice. I told the district manager that I felt harrassed, and she agreed that I should not work for her any more. All she can do for me now since all positions in every store is full, is to work me 2 closing shifts (yuk 7-3am) on monday and tuesday, and the rest will be filled in as we go along and shifts are needed, that is not enough for me to feel confident that my bills will be paid, so I still feel the hardship over wanting to obey the law, and mistaken identity from the beginning. I was though, as fair as usual, and said, I can not just bring up the bad, I have to say that there were times she was a really cool boss, so I think she tried, but just couldn't get over the fact that you made her work with me, under her objections. Is their a law suit anywhere here? I feel I am going to lose my home over a thief, and no cameras to prove otherwise, and a "hostile type" work invironment because my manager did not like me in the first place. There were no sexual situations, I can say my manager is the dominant figure in the gay world, but I never judge over that, it is thier choice plain and simple. Well enough of my book lol. Thanks for all of your time. Where is the Aaron, I was hoping to hear from him. Thanks cbg, I appreciate your support, and everyone elses! Hugs to you all!!

  10. #10
    Join Date
    Jul 2006
    Posts
    392

    Default Re: Mistreated At Work

    B3, thank you for the advice and the address, I did email them. We will see what happens. Just a little update, I was fired then rehired, when my manager told the regional manager that I had not yet recieved my food handlers card. When I told her that it was their hanging with my olcc card, she said, Oh well than never mind. I cried and told her that I could not take how I was being treated since I made a fuss about paying back this shortage that I feel was me being robbed. She told me she did not want me working for that manager anymore, but placed me still in the rat hole store across the street from a porn shop, closing, and this shop had been robbed 2 times last month. She told me that until she finds me a new home, that is all she can offer. So no change, nothing, I will lose my home because I pressed the issue of the law on paying shortages out of pocket. OH well, I would do it again in a heart beat, I can not tell all these people here what the law is, then not fight for it myself. I can only pray that God will lead me to a better job before it is to late. Have a good one you guys!

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