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Corporate Law Discussions

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Postby Oliphant » Mon Dec 05, 2016 1:21 pm

I am a sales associate with a fairly large retail corporation....on 9/2/12  I was being verbally abused by a customer and words were exchange after the customer threaten my job in short i reported this to security well i thought it was security because management always ask for.bb his help when situations occur .....the key holder / manager for the day also had contact with the customer but ignore the situation and left the floor now 12 days later I've been giving a final warning because of the incident and it also stated that I was warned on the 9/2 which didn't happen ....I sign the warning and commented that I did not agree with the decision ....since I've been with this company myself and others have been treated like dogs I've also started taking medication because its always  causes me stress....and  the store manager is a tyrant always talking about employees making you feel like garbage and using her power to your life miserable....i want to quit but the assistant manager stated that i should contact corporate hr but if i do my hours will be cut and i may be fired ...what's your advice I've never experienced so much stress on the job

ANSWER: Sereka - If you quit your job you will be ineligible for unemployment, so that's not a good idea unless you have another job lined up.  I cannot make your decision for you -- you either have to figure out a way to work with the manager or start searching for another place to work.  Employees have very few rights when it comes to personality conflicts with managers. If you contact corporate HR, they may be able to shift you to another manager, but I would not expect them to do much more than that.

If you have a doctor willing to state that you have a medical condition(depression or high blood pressure) brought on by the stress of your job, you may be in a better position to request a transfer, because then the law will be more in your favor.   However, as long as your manager is doing nothing more than being a jerk, management does not have to act.  

Employees can be fired for any reason unless they have a union contract or a written employment contract that limits the right of the employer to fire at will.  Unfairness is common, but it is not illegal unless it violates one of the anti-discrimination laws.  If your manager is a tyrant towards everyone, it does not sound like her behavior is discriminatory. My experience has been that complaining to human resources only makes matters worse, but maybe your HR department will be different.  If you cannot be transferred to another manager, your only option seems to be to look for another job.  I wish I could give you better news, but employees have few rights.  Employers have all of the power.

---------- FOLLOW-UP ----------

The managers only act a certain way towards welfare to work employees especially if your none hispanic
Oliphant
 
Posts: 45
Joined: Mon Jan 13, 2014 9:21 am

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Postby Caddarik » Thu Dec 08, 2016 9:53 am

Sereka - If you are saying that the supervisor discriminates against employees who are not Hispanic, and you would be able to gather proof that she behaved this way towards only non-Hispanic employees, you might have a claim against the company.  Would other welfare-to-work employees be willing to say that they were mistreated because of their national origins?  Do you think that there would be evidence in the form of write-ups on non-Hispanic employees for things Hispanic workers did, but were not written up for?  If you know that such evidence exists, you could possibly get an attorney to bring a lawsuit on your behalf.  Keep in mind, though, that the evidence has to exist.  If this is just your impression, without proof, no attorney will take the case.
Caddarik
 
Posts: 50
Joined: Fri Jan 10, 2014 7:25 pm

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Postby Takoda » Sat Dec 10, 2016 1:38 am

I am a sales associate with a fairly large retail corporation....on 9/2/12  I was being verbally abused by a customer and words were exchange after the customer threaten my job in short i reported this to security well i thought it was security because management always ask for.bb his help when situations occur .....the key holder / manager for the day also had contact with the customer but ignore the situation and left the floor now 12 days later I've been giving a final warning because of the incident and it also stated that I was warned on the 9/2 which didn't happen ....I sign the warning and commented that I did not agree with the decision ....since I've been with this company myself and others have been treated like dogs I've also started taking medication because its always  causes me stress....and  the store manager is a tyrant always talking about employees making you feel like garbage and using her power to your life miserable....i want to quit but the assistant manager stated that i should contact corporate hr but if i do my hours will be cut and i may be fired ...what's your advice I've never experienced so much stress on the job

ANSWER: Sereka - If you quit your job you will be ineligible for unemployment, so that's not a good idea unless you have another job lined up.  I cannot make your decision for you -- you either have to figure out a way to work with the manager or start searching for another place to work.  Employees have very few rights when it comes to personality conflicts with managers. If you contact corporate HR, they may be able to shift you to another manager, but I would not expect them to do much more than that.

If you have a doctor willing to state that you have a medical condition(depression or high blood pressure) brought on by the stress of your job, you may be in a better position to request a transfer, because then the law will be more in your favor.   However, as long as your manager is doing nothing more than being a jerk, management does not have to act.  

Employees can be fired for any reason unless they have a union contract or a written employment contract that limits the right of the employer to fire at will.  Unfairness is common, but it is not illegal unless it violates one of the anti-discrimination laws.  If your manager is a tyrant towards everyone, it does not sound like her behavior is discriminatory. My experience has been that complaining to human resources only makes matters worse, but maybe your HR department will be different.  If you cannot be transferred to another manager, your only option seems to be to look for another job.  I wish I could give you better news, but employees have few rights.  Employers have all of the power.

---------- FOLLOW-UP ----------

The managers only act a certain way towards welfare to work employees especially if your none hispanic
Takoda
 
Posts: 36
Joined: Tue Apr 15, 2014 11:28 am


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