Illegal Written Warning

My question involves employment and labor law for the state of: Illinois


Hi,

I was accused of not getting a personal check signed/verified by a manager.

Where i work i was never told that you need to get personal checks signed/verified by a manager. Your also supposed to make a t-chart with their drivers liscence number, phone number, address, and your initials.

I was aware of this t chart policy but not of the manager approval procedure.
The manager told me this personal check did not have a t chart either.
I always ask for the customers drivers liscence right away and make t charts when i get a personal check.

Previously The same manager who wrote me up for this personal check wrote me up for not getting canceled layaway forms signed. I was never told of this and she took it off because it was not written in the layaway procedures on the bulletin board.

This personal check rule is not written up on the layaway board as well.

The manager claims they told me before at a counseling that took place april 2008. However that counseling was because i took a check that did not have the dollar amount written out instead it was scribbled.

The manager claims they told me of getting the check signed at this counseling. However i have been doing the same thing for the past 7 months(not getting checks signed but having a t chart).

So when this manager presented me with the written warning she asked if i wanted to sign it now or when i see the check. I told her i want to see the check first because i didnt know that they had to be verified by managers with a signature but i always have a t chart on my checks. The manager claimed it had my register numbers on the back and that i can call the store manager the folowing day to see the check.

So when i called the store manager it turned out she was on vacation.

So 3 weeks later i called her when she came back and she never showed me the check. When i asked her if i could see the check she told me another manager saw it and that she saw my register numbers on the back as well.

I told her thats fine but i wanna see the check because i always put t charts on my checks.

I was shown the check in the counseling on april 2008 because they took a photocopy. However the store manager claimed the photocopier was broken so they dont have a copy of the check and they refuse to take the written warning off because they claim to have told me in "meetings" for 8 months and the previous counseling.

The store manager also claimed that the check went to the bank and when i asked why she didnt take a photocopy like they did with the first check in the counseling she said the photocopier was broken...

So i set up a meeting with the district manager on November 15th.

What would help me to get the district manager to take the written warning off????

They say im guilty but wont show me evidence when i ask for it.

I brought up the possibility that i was on break and didnt sign off the cash register and someone else did a transaction with the check which would show my numbers on the back. That would explain why there was no t chart.

The managers response was its my duty to sign off the register. So they claimed im still liable.

However i may have been interrupted like many other times and told to go on break while someone would cover for me.

What can i tell the district manager to get this written warning taken off???

I have gotten 3 write ups from the same manager in 30 days by the way.

The first was for not having an area around my register clean. The second was for not having a layaway form that was canceled signed by management.

She took the second one off because she checked the layaway procedure sheet on the bulletin board and that procedure was not on there.

That same day she took the 2nd written warning off about 4 hours later i got this 3rd write up on the check.

By the way this procedure is not on the layaway bulletin board. Also another female coworker who also didnt get a check signed by management was just verbally told to be carefull with the checks while for that exact same offense im written up.

I appreciate any help.

At this job you need 3 written warnings to get fired. They cant just tell you your fired for no reason. Also ive worked here over 3 years without a single warning and now the same manager gave me 3 written warnings in 30 days but i got one taken off.

So its obvious im not doing anything wrong, she just has something against me.

The store manager keeps claiming that at that counseling in April they told me to get the check signed by management which would count as my verbal warning.

However this is not the truth.

I never got checks signed by managers before or after that meeting which was 8 months ago.

My question is how can i use law to get the district manager to take this written warning off my record?

By the way i never signed it......

My question is how can i use law to get the district manager to take this written warning off my record?

You can't. Unless you have a legally enforceable contract or CBA that specifically states what you can and cannot be written up for, the law does not mandate to the employer what you can and cannot be written up for. While this may or may not have been unfair, it was not illegal, and the law is not going to force the employer to remove it from your record.

Quote:

---

Quoting cbg

---

My question is how can i use law to get the district manager to take this written warning off my record?

You can't. Unless you have a legally enforceable contract or CBA that specifically states what you can and cannot be written up for, the law does not mandate to the employer what you can and cannot be written up for. While this may or may not have been unfair, it was not illegal, and the law is not going to force the employer to remove it from your record.

---

Yes but can i claim discrimination if i bring up that another female coworker for the same violation was just verbally told to be more carefull with personal checks when for that same violation i am written up??

Also can i claim discrimination for being written up 3 times in 30 days by the same manager when i worked there for over 3 years without a single written warning?

The same day she took of that 2nd written warning about 4 hours later she wrote me up for this third one.

For that second written warning they never told me that i had to get canceled layaways signed by management either. So how should i know that im supposed to get this stuff signed if they dont train me to do it and never tell me to do it?

Also dont they have to show me what they are writing me up for???? They showed me a photocopy of the check where there was just scribbles rather than the dollar amount in writing so they should have to show me this check too.

How can i know if it is even my check if they dont show me it???

Quote:

---

Quoting jwjw777

---

Yes but can i claim discrimination if i bring up that another female coworker for the same violation was just verbally told to be more carefull with personal checks when for that same violation i am written up?

---

You can claim anything you wish. However, unless you can PROVE the facts regarding your co-worker, its just hearsay; you said, he said, she said. All of which can be denied and goes unproven.

What solid, undisputed proof do you have that contradicts the statements of your district manager? And as cbg stated, without a valid contract, CBA or employment agreement, you are not "protected".

Quote:

---

Quoting M'sta Mikey

---

You can claim anything you wish. However, unless you can PROVE the facts regarding your co-worker, its just hearsay; you said, he said, she said. All of which can be denied and goes unproven.

What solid, undisputed proof do you have that contradicts the statements of your district manager? And as cbg stated, without a valid contract, CBA or employment agreement, you are not "protected".

---

I didnt talk with the district manager yet but my coworker who is also a good friend of mine told me she just got verbally told to be more carefull....

I have proof that they dont have the rule written anywhere, i have proof that the same manager wrote me up 3 times in 30 days(The store manager tried denying this and saying that the same manager didnt write me up.....), and i have proof that i wasnt told to get the check approved. For the past 8 months since that counseling, the store manager claims to have told us in huddles to get personal checks signed by management. However i have been doing the same thing which is getting t charts but not managers signatures since that counseling. So they never told me to get them signed.....Besides shes had 8 months to add it up to the layaway procedure board and she hasnt added it yet. So it just makes her look bad for using that argument.

I can flip it around too though by saying do they have proof the check is mine other than saying i saw your register numbers on the back???? They told me they would show me the check but it never happened.

If you accuse someone of wrongdoing you have to show their fault and if you cant then its just he said, she said and its my word vs hers.

Not all, or even most, discrimination is illegal.

To prevail in a discrimination claim, you would need to provide valid and convincing evidence that not only were you treated differently, but you were treated differently BECAUSE OF a characteristic protected by law (race, religion, national origin etc.).

They do not need to justify or prove their reasoning.

Quote:

---

Quoting cbg

---

Not all, or even most, discrimination is illegal.

To prevail in a discrimination claim, you would need to provide valid and convincing evidence that not only were you treated differently, but you were treated differently BECAUSE OF a characteristic protected by law (race, religion, national origin etc.).

They do not need to justify or prove their reasoning.

---

I understand.

So i will have to point out that i was discriminated based on gender.

Can they write me up for not getting the check signed, even though they never told me to get managerial approval on checks?

Quote:

---

Quoting jwjw777

---

Can they write me up for not getting the check signed, even though they never told me to get managerial approval on checks?

---

Yes, they can, unless you have a binding employment contract or CBA regarding specific reasons you can and/or cannot be written up for. (or unless you were written up/discriminated against due to a reason prohibited/protected by law (ie age, religion, gender, race....) )

This might have been unfair but based on your post not illegal. (unless you believe you can prove discrimination based on a protected "class")

Quote:

---

Quoting Betty3

---

Yes, they can, unless you have a binding employment contract or CBA regarding specific reasons you can and/or cannot be written up for. (or unless you were written up/discriminated against due to a reason prohibited/protected by law (ie age, religion, gender, race....) )

This might have been unfair but based on your post not illegal. (unless you believe you can prove discrimination based on a protected "class")

---

Yes i definitely can prove it beyond a doubt that another female coworker/friend for the same violation was just told verbally to be more careful.

So basically what they are doing is illegal.

I can easily prove that another coworker was not written up and i was.

That is discrimination. Also a manager writing me up 3 times in 30 days shows discrimination by my race as well. Thats illegal too.

No, what they are doing is NOT "clearly illegal".

You have not indicated if you are male or female. If you are female, then the fact that another female was treated differently completely abolishes any claim you have. If you are male, then you not only have to prove that a female employee was treated differently, but you have to show clear and convincing evidence that she was treated differently BECAUSE she is female.

The same goes with race. It's not enough that you are of different races; you need to show some evidence that you were treated differently BECAUSE OF your race.