My question involves labor and employment law for the state of: California
We work for a very large high profile (Forbes top 100) company. Lately we've been having a promotion on a certain service/item we offer and our district manager and all managers in our district have been pushing this promotion on us for weeks to the point where they have begun personally "mystery shopping" through FRIENDS/FAMILY MEMBERS and on a very rare occasion themselves.
One night I was mystery shopped by the DM's daughter, a NON employee of our company and they gave my manager negative feedback (I could go on to defend myself but I dont wanna waste anyone's time )
The following day I got a disiplinary "verbal" write up (level 1, paperwork is involved) for the negative feedback.
My coworker & I did research & found online that per California law,
Quoting from findings on the Internet:
"mystery shop results cannot be used as the sole source of disciplining shopped employees unless the shop was performed by a California licensed private investigator or their authorized employee"
"Traditional mystery shops (non loss prevention) can be used as a part of a shopped employee's disciplined processes as long as the shop is NOT the sole source of information in the discipline process"
"if the mystery shop is used as a source of information in a discipline process, a copy of the shop itself must be presented to the employee"
This all sounds correct, but I didn't receive an official "copy of the shop" just a brief email list of the DMs "mystery shop" tour in our district and specifics to the shop.
Is this practice of their Mystery Shopping legal? Is it legal for them to discipline from directly based on a mystery shop, or are they protected in some way as it can be looked at as their own practices? The words "Mystery Shop" are used specifically by our superiors.
I take responsibility for the negative feedback, but my coworker (and the info he found) brought this to my attention and now I just really want to know if what happened to us (he got a write up too) was fair & more importantly illegal..
Thanks for non malicious and judgmental feedback (negative? LOL) ahead of time.