• Hi, I am the owner and main administrator of Styleforum. If you find the forum useful and fun, please help support it by buying through the posted links on the forum. Our main, very popular sales thread, where the latest and best sales are listed, are posted HERE

    Purchases made through some of our links earns a commission for the forum and allows us to do the work of maintaining and improving it. Finally, thanks for being a part of this community. We realize that there are many choices today on the internet, and we have all of you to thank for making Styleforum the foremost destination for discussions of menswear.
  • This site contains affiliate links for which Styleforum may be compensated.
  • We would like to welcome House of Huntington as an official Affiliate Vendor. Shop past season Drake's, Nigel Cabourn, Private White V.C. and other menswear luxury brands at exceptional prices below retail. Please visit the Houise of Huntington thread and welcome them to the forum.

  • STYLE. COMMUNITY. GREAT CLOTHING.

    Bored of counting likes on social networks? At Styleforum, you’ll find rousing discussions that go beyond strings of emojis.

    Click Here to join Styleforum's thousands of style enthusiasts today!

    Styleforum is supported in part by commission earning affiliate links sitewide. Please support us by using them. You may learn more here.

Employment Law: Employer Falsifying Employee Records

imageWIS

Stylish Dinosaur
Joined
Apr 19, 2004
Messages
19,716
Reaction score
106
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 Since he has been brought on only people in his department have been let go and all of them have been replaced by people that he knows from his former company.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?
 

dragon8

Distinguished Member
Joined
Feb 19, 2007
Messages
4,295
Reaction score
72
Originally Posted by imageWIS
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.
 

JayJay

Stylish Dinosaur
Joined
Jun 25, 2007
Messages
24,297
Reaction score
439
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.
 

dragon8

Distinguished Member
Joined
Feb 19, 2007
Messages
4,295
Reaction score
72
Originally Posted by JayJay
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.
 

JayJay

Stylish Dinosaur
Joined
Jun 25, 2007
Messages
24,297
Reaction score
439
Originally Posted by dragon8
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.
 

globetrotter

Stylish Dinosaur
Joined
Sep 28, 2004
Messages
20,341
Reaction score
422
if it comes to it, pm me, I have a pretty good labor lawyer in ny.
 

Risque

Well-Known Member
Joined
Sep 17, 2008
Messages
89
Reaction score
0
+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.
 

Harold falcon

Stylish Dinosaur
Joined
Dec 6, 2009
Messages
32,028
Reaction score
11,364
Contact a local unemployment lawyer. PM me if you need a referral.
 

Rambo

Timed Out
Timed Out
Joined
Oct 3, 2007
Messages
24,706
Reaction score
1,347
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.
 

Matt

ex-m@Triate
Joined
Jan 14, 2005
Messages
10,765
Reaction score
275
Originally Posted by imageWIS
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.
 

taxgenius

Distinguished Member
Joined
Mar 23, 2007
Messages
5,776
Reaction score
1,182
Originally Posted by Risque
+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
 

AR_Six

"Sookie!"
Joined
Jun 22, 2007
Messages
10,709
Reaction score
230
Originally Posted by harvey_birdman
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.
 

dragon8

Distinguished Member
Joined
Feb 19, 2007
Messages
4,295
Reaction score
72
Originally Posted by AR_Six
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.
 

Matt

ex-m@Triate
Joined
Jan 14, 2005
Messages
10,765
Reaction score
275
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"
 

Featured Sponsor

How important is full vs half canvas to you for heavier sport jackets?

  • Definitely full canvas only

    Votes: 45 40.5%
  • Half canvas is fine

    Votes: 44 39.6%
  • Really don't care

    Votes: 5 4.5%
  • Depends on fabric

    Votes: 18 16.2%
  • Depends on price

    Votes: 25 22.5%

Forum statistics

Threads
504,429
Messages
10,573,959
Members
223,695
Latest member
styleoflady
Top