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

CALIFORNIA


I was suspended from work on July 21, 2008 for violating Safeway’s company policy. I was accused of using racial, derogatory remarks towards another employee. A Human Resources Representative interviewed my accuser and me that afternoon. After my shift was over, I was informed that I was suspended pending further investigation.

I immediately contacted my Union Representative and advised him about the situation and what had transpired.

On Thursday July 24, 2008, I called the Store to check the status of my paycheck for that previous week I was told that it was there at the store and that they would send it to my attention. The check did not arrive. I called again and was told that there was a delay in getting it mailed and that it would be sent out right away.

During the first week of August, I called the Store again, this time the check could not be located and I was also advised that I had been terminated. This was news to me because I had not heard or received any written notification to that fact.

I contacted my Union Rep. and he advised me that he had just received a copy of the termination letter on August 8, 2008. Apparently the letter was sent to the wrong city and has yet to arrive.

On September 4th I met with my Union Rep., the Union Area Director, and with representatives of Safeway to go over the evidence Safeway had to justify their position. Through the course of this meeting it was made very evident that there was no proof to substantiate any of the things that I was accused of saying.

The Union is diligently working to try to get me my job back. I am scheduled to meet with the arbitrator on November 5th to go over the details.

So why am I writing? Yes, Safeway has Policies and Procedures that are to be adhered to at all times. These are items that are suppose to apply to ALL employees at ALL times. They should not be handled arbitrarily or only at someone’s discretion.

Welcome to Safeway Inc. states—
“At Safeway, we want to provide everyone with a comfortable working environment where they are treated in a professional manner.”

A Safeway Employee should be entitled to a work environment free from discrimination, harassment, hostility, violence, theft and safety concerns.

Insubordination provision states—
Insubordination is defined as any words, demeanor, and/or actions including the use of profanity, which exhibit an unwillingness to submit to or recognize authority. Insubordination as defined above shall be grounds for disciplinary action including immediate discharge.

I endured 8 months of harassment from this individual. My reports of company policy violations fell on deaf ears. There were NO investigations NO suspensions NO disciplinary actions.

There is a lot of more background information regarding my time there at the store as well as some other information that really makes me feel that I have been set up by this individual. To keep it brief I will give you some brief background information as well as a timeline of events that transpired just prior to my being terminated:

Background information:

 I started at this Safeway location on November 11, 2007. I came on board there as the Meat Manager. Prior to going there I was advised that I was stepping into a potentially volatile situation. There had been on going personnel issues with the two meat cutters that were currently there. I was warned that one of the individuals was pretty much a handful and to be very careful about how and what I said to him.

 I came on board and made my own assessment. Within one month of my arrival, one of the meat cutters requested a transfer and was transferred to another store. The reason for this request was that this meat cutter could not or would not work with the other meat cutter.

 It was from this point on that things changed for me and I was subject to constant verbal abusive behavior from this meat cutter. I kept a diary (for lack of a better name) of my daily interactions with this individual.

 This individual did not like being told what to do and did not believe in following company policies. I called upon the Store Manager, Assistant Store Manager and my Meat Merchandiser for assistance numerous times. They would have a talk with him and it would be okay for a while and then he would go off on another tirade. When I expressed my concerns or dismay I was told that if I wanted to step down I could be transferred to another location, but that there was no place else for that other individual to go.

 It seems as though every one (including Human Resources) knew about this individual’s behavior yet no disciplinary action was ever taken. I contacted Human Resources on a number of occasions they never came to investigate instead they told me these issues needed to be handled at the store level. This included a report I sent to them advising them that the individual was exhibiting threatening behavior and that he threw his knife into a garbage can next to, which I was standing.

Timeline

05/7/2008
It is my last day at the store. I am going out on disability due to Gall bladder surgery. I worked and organized the freezer section. I showed this individual what I had done and how it was going to be easy to maintain while I was gone. This individual proceeded to argue with me that it wasn’t any different than when he had done it and he started to call me an idiot. He kept calling me an idiot even after I told him to stop.

I advised him that I would call Human Resources if he didn’t. Well he didn’t stop and I called HR. He observed my doing this. Their response was that this needed to be handled at the store level. It was the end of the day and I left.

07/07/2008
I returned to work and the individual was on vacation.


07/21/2008
The individual came back from vacation. I said hello and he starts to call me names. I am puzzled but I go on about my business. His shift started at 10:00 and it was now 10:45 and he had not started to cut any meat. I asked him if he was going to start cutting and his response was that he was not going to work for a racist like me. I left the room and went to the office to alert the Manager and Asst. Manager. They call him into the office and this is where he makes his list of accusations of what I supposedly said.