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Employment Law: Employer Falsifying Employee Records

post #1 of 33
Thread Starter 
A few months ago my department got a new floor manager; I work retail sales. He handles one side of the floor. Since he has been brought on only people in his department have been let go and all of them have been replaced by people that he knows from his former company. And I'm the next target. He has given me a written warning already. He has stated twice to me verbally that if I am 'unhappy' with the job, I should quit (getting exactly what he wants, but of course leaving me without unemployment, like that is going to happen).

In the written warning I noticed that he falsified my sales per hour, stating I had 25% of what I actually have. When I mentioned this, he quickly grabbed white out and erased it from both his and my copy (it is still legible in my copy). He also erased a section stating when I had contacted to mention that I was running late.

They will fire me. He does not want me there, and will find a way to get rid of me. But, since I already caught him falsifying records, can I contact the NY Labor Dept. and file a former complaint? If not, what other options are available to me to cover myself so when they do lay me off I ensure that I am not denied unemployment?
post #2 of 33
Quote:
Originally Posted by imageWIS View Post
A few months ago my department got a new floor manager; I work retail sales. He handles one side of the floor. Since he has been brought on only people in his department have been let go and all of them have been replaced by people that he knows from his former company. And I'm the next target. He has given me a written warning already. He has stated twice to me verbally that if I am 'unhappy' with the job, I should quit (getting exactly what he wants, but of course leaving me without unemployment, like that is going to happen).

In the written warning I noticed that he falsified my sales per hour, stating I had 25% of what I actually have. When I mentioned this, he quickly grabbed white out and erased it from both his and my copy (it is still legible in my copy). He also erased a section stating when I had contacted to mention that I was running late.

They will fire me. He does not want me there, and will find a way to get rid of me. But, since I already caught him falsifying records, can I contact the NY Labor Dept. and file a former complaint? If not, what other options are available to me to cover myself so when they do lay me off I ensure that I am not denied unemployment?

I woud contact HR and explain the situation but becareful not to say he falsified records as you have no actual proof he did. The sales number could've been a complete accident/slipped his mind (I'm sure it wasn't).

Usually, when the written warning is defective it is viod.
post #3 of 33
Keep a journal. Record every interaction you have with him along with your work activities for each day, time of arrival/departure, and sales volume, etc. Good luck, seriously.
post #4 of 33
Quote:
Originally Posted by JayJay View Post
Keep a journal. Record every interaction you have with him along with your work activities for each day, time of arrival/departure, and sales volume, etc. Good luck, seriously.

The timeclock will take care of the time and attendance functions and the security cameras will show his movements and the sales speak for themselves.
post #5 of 33
Quote:
Originally Posted by dragon8 View Post
The timeclock will take care of the time and attendance functions and the security cameras will show his movements and the sales speak for themselves.
Nonetheless, I recommend he keep a journal.
post #6 of 33
if it comes to it, pm me, I have a pretty good labor lawyer in ny.
post #7 of 33
+1 on the journal. If it comes to it, the more proactive you are when compiling your own records, the better. If he makes any comments again, I would slip in a reference to the fact you are keeping your own records, "just in case a similar accident happens again". Good luck.
post #8 of 33
Contact a local unemployment lawyer. PM me if you need a referral.
post #9 of 33
Contact the EEOC department in NY. Also, since you know he's out for you anyway, what's the harm in running this up the chain to the big bosses over his head? Its not like you've got retribution to fear.
post #10 of 33
Quote:
Originally Posted by imageWIS View Post
He has stated twice to me verbally that if I am 'unhappy' with the job, I should quit (getting exactly what he wants, but of course leaving me without unemployment, like that is going to happen).

well he is right about that Jon. You are unhappy with the job, and are very vocal about that here. Maybe he is just perceptive, and made an honest mistake on the document.

fact 1. bosses do tend to notice when someone is asleep on the job/demotivated/wishing they were elsewhere, and if he has walked in to a team full of people like that, you can't blame him for a restructure that he believes will yield better sales. It would be remiss of him to NOT make those changes, would it not?

fact 2. people do make mistakes, and when you pointed it out, by the sound, he said 'jesus, youre right, lets fix that, however the principle stands with or without the number, you did piss in that customer's shoes' - which is the correct thing to do.
post #11 of 33
Quote:
Originally Posted by Risque View Post
+1 on the journal. If it comes to it, the more proactive you are when compiling your own records, the better.

If he makes any comments again, I would slip in a reference to the fact you are keeping your own records, "just in case a similar accident happens again". Good luck.

+1
post #12 of 33
Quote:
Originally Posted by harvey_birdman View Post
Contact a local unemployment lawyer. PM me if you need a referral.
The guy works retail sales. His termination from such employ is hardly worth his money spent on a lawyer, or any lawyer's time. It's not economical.

Agreed on the journal. I would contact HR once you have a certain amount diarized, ie once you're comfortable that you can show him to be "in the wrong". In the meantime ensure that everything is done in a self-serving way so that you, in the end, are clearly the guy wearing the white hat and that that is on record. For a start, don't show up late to work.

People noting he has "no proof", you realize that white out scratches off a report really, really easily, right?

This kind of fast and loose management is extremely common, though more in restaurants than retail as chain stores tend to have pretty clear and consistent idiot-proof policies.
post #13 of 33
Hardly true AR, some retail salespeople do very well.
post #14 of 33
Quote:
Originally Posted by AR_Six View Post
People noting he has "no proof", you realize that white out scratches off a report really, really easily, right?

I meant that he didn't have proof he did it on purpose.
post #15 of 33
right, and if it did get to court, he is simply going to say "yes, I made a mistake on that, and as soon as the mistake was pointed out to me, I corrected it immediately"
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