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Employment Law: Employer Falsifying Employee Records

Discussion in 'Business, Careers & Education' started by imageWIS, Feb 27, 2011.

  1. Piobaire

    Piobaire Senior member

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    Its called Corporate America

    It's what many would have you believe. Every boss is an idiot and only got there through connections and every office drone is really a Jack Welch that has not been given a fair shake.
     
  2. Blackhood

    Blackhood Senior member

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    It's what many would have you believe. Every boss is an idiot and only got there through connections and every office drone is really a Jack Welch that has not been given a fair shake.

    [​IMG]
     
  3. imageWIS

    imageWIS Senior member

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    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.


    It wasn't, he is a sneaky fuck. And it's not just my opinion / experience. He also whited-out a passage stating that I mentioned that I was running late via text message to several people in my area, including him (as per his instructions via email).

    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.

    I have been. Thanks.

    if it comes to it, pm me, I have a pretty good labor lawyer in ny.

    Hopefully it won't come to that, but thanks.

    +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.


    I already have, he didn't like that.

    Contact a local unemployment lawyer. PM me if you need a referral.

    Like, I mentioned to globe, hopefully not, but thanks.

    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.

    Good idea.

    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.


    1) Yeah... the only people that have been let go from my floor have all been his people and all of them have been replaced with people that he has worked with... do the math.

    2) Matt, I don't know why you always assume that I am in the wrong [​IMG]. He argued with me that the SPH was correct, and that even wrote that mine was the 2nd lowest on the selling floor, which means he had to compare and contrast my sales to the rest of the floor, which means it was not a sentence written in passing. It wasn't until I pressed him to prove the number to me, that he gave me a snapshop of my 'goals' which stated the correct number.

    I told him the number on warning was erroneous and he stated, without looking at the goals-paper that the low number was correct. I then pointed out that it was incorrect by not dropping the issue, and when he finally looked he panicked and started correcting it. Trust me, he was trying to get away with it.

    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.


    You would think so, but they don't. Plus, you can read through the white out.

    This won't end up anywhere near a courtroom.

    Hopefully not.

    I'm constantly amazed at the number of idiots that apparently become managers and the number of apparently valuable employees that get railroaded.

    Which has nothing to do with my original post.
     
  4. imageWIS

    imageWIS Senior member

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    I have it on good authority that I will de let go at the end of the week (it is at-will after all). As long as I can collect unemployment, that's all that matters. I can collect even if they know (but they can't prove and I didn't tell them) that I was looking for another job, yes?
     
  5. cross22

    cross22 Senior member

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    [​IMG]

    [​IMG] This is great.
     
  6. Neo_Version 7

    Neo_Version 7 Senior member

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    I have it on good authority that I will de let go at the end of the week (it is at-will after all). As long as I can collect unemployment, that's all that matters. I can collect even if they know (but they can't prove and I didn't tell them) that I was looking for another job, yes?

    Do you have any prospects lined up if are let go on Friday? (Knocking on wood of course.)
     
  7. imageWIS

    imageWIS Senior member

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    Do you have any prospects lined up if are let go on Friday? (Knocking on wood of course.)

    I have been actively seeking. Nothing concrete so far. People have been let go for far worse than anything close to what I have done (not collecting emails, not getting enough people to open CC accounts, etc... all job performance related things).
     
  8. Neo_Version 7

    Neo_Version 7 Senior member

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    ^ That's tough. For what it's worth, I hope you don't get fired anytime soon (or at least until you find a better opportunity somewhere else).

    This is probably irrelevant now but if you were an attractive, young lady with a nice bosom and butt; do you think you'd be getting all this flak?
     
  9. imageWIS

    imageWIS Senior member

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    ^ That's tough. For what it's worth, I hope you don't get fired anytime soon (or at least until you find a better opportunity somewhere else).

    This is probably irrelevant now but if you were an attractive, young lady with a nice bosom and butt; do you think you'd be getting all this flak?


    No. Actually it has been mentioned that he is always trying to talk up the ladies in the store.
     
  10. Neo_Version 7

    Neo_Version 7 Senior member

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    ^ That's kinda good news then, right? It means (at least for him) that job performance isn't the number one factor in deciding termination..
     
  11. imageWIS

    imageWIS Senior member

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    ^ That's kinda good news then, right? It means (at least for him) that job performance isn't the number one factor in deciding termination..

    Well, I read up on what NY employment law I could online (fuck, I miss being able to access lexis / nexis at school) and if you are let go for job performance, you get unemployment. Actually, if they let you go for no reason at all (i.e. your services are no longer required), you get unemployment.
     
  12. Neo_Version 7

    Neo_Version 7 Senior member

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    ^ What if they let you go because they just don't like you? And before anyone chimes in, it does happen. There was a segment on Canada AM about it the other day.
     
  13. imageWIS

    imageWIS Senior member

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    ^ What if they let you go because they just don't like you? And before anyone chimes in, it does happen. There was a segment on Canada AM about it the other day.

    I would still get unemployment. I would need to be let go for cause (stealing, outright insubordination, etc...)
     

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