How to stop this from happening...

m316foley

Senior member
Nov 19, 2001
247
0
0
So today, I got off of a 13 hour shift (retail employee) where I was scheduled for a 1 hour lunch. I also live in virginia and have worked for the company for 2 1/2 years. At the end of my shift, my boss pulls me into the office and tells me I'm being written up for two things:

1.) I called out sick 10 days ago and I was legitimately sick. I haven't used a sick day in over a year, but I didn't get a doctor's note since I have a Health savings account and really didn't want to use it unless I'm practically dying.

2.) I was also being written up for taking a 1 hour lunch. He scheduled me for a 1 hour lunch, however, he told me later that I was supposed to take two 30 minute increments instead of one straight hour. I've never been told of this, nor do I know if this is even true.

I've never been written up at any job and since this new boss has come in (2 months ago), he's been nothing but trouble for everyone at work. MANY HR complaints have been filed and I've come to the conclusion that HR is going to be sitting on their hands about this. Anything I can do besides finding a new job? Anything legal I can do? I was thinking about possibly going in with an audio recorder and recording everything. Suggestions?
 

thepd7

Diamond Member
Jan 2, 2005
9,429
0
0
Originally posted by: m316foley
So today, I got off of a 13 hour shift (retail employee) where I was scheduled for a 1 hour lunch. I also live in virginia and have worked for the company for 2 1/2 years. At the end of my shift, my boss pulls me into the office and tells me I'm being written up for two things:

1.) I called out sick 10 days ago and I was legitimately sick. I haven't used a sick day in over a year, but I didn't get a doctor's note since I have a Health savings account and really didn't want to use it unless I'm practically dying.

2.) I was also being written up for taking a 1 hour lunch. He scheduled me for a 1 hour lunch, however, he told me later that I was supposed to take two 30 minute increments instead of one straight hour. I've never been told of this, nor do I know if this is even true.

I've never been written up at any job and since this new boss has come in (2 months ago), he's been nothing but trouble for everyone at work. MANY HR complaints have been filed and I've come to the conclusion that HR is going to be sitting on their hands about this. Anything I can do besides finding a new job? Anything legal I can do? I was thinking about possibly going in with an audio recorder and recording everything. Suggestions?

IANAL, but be careful when recording, some states have laws about it and lots of stuff in court can't be used if the person had an expectation of privacy and you violated that without informing them they were being recorded.

Aside from that, stick it out or talk to your bosses boss.
 

m316foley

Senior member
Nov 19, 2001
247
0
0
Well, I have actually documented EVERYTHING that has happened over the last 2 1/2 years that was either questionable (legally) or downright illegal and unethical in case anything happened to me. Anything I can do with that? Or just satisfy myself with a nice little read every time I'm too happy with my life... (haha)
 
Jun 27, 2005
19,251
1
61
Originally posted by: m316foley
I've never been written up at any job and since this new boss has come in (2 months ago), he's been nothing but trouble for everyone at work.

Well now, there's yer problem. Probaby his first management gig and he's over compensating or trying to make himself look good to the higher ups. Either way, all you can do is quit or walk on eggshells until he grows out of it and starts to relax.
 

tasmanian

Diamond Member
Dec 22, 2006
3,813
1
0
Originally posted by: m316foley
Well, I have actually documented EVERYTHING that has happened over the last 2 1/2 years that was either questionable (legally) or downright illegal and unethical in case anything happened to me. Anything I can do with that? Or just satisfy myself with a nice little read every time I'm too happy with my life... (haha)

Yes you can black mail the company and get millions.
 

CrackRabbit

Lifer
Mar 30, 2001
16,641
58
91
You have two options,
1. kill the taint sucking little brownnoser and make everyone happier.
2. Find another job and quit, and make sure that you let management know that it was the taint sucking little brownnoser that drove you to it.
 

m316foley

Senior member
Nov 19, 2001
247
0
0
Originally posted by: tasmanian
Originally posted by: m316foley
Well, I have actually documented EVERYTHING that has happened over the last 2 1/2 years that was either questionable (legally) or downright illegal and unethical in case anything happened to me. Anything I can do with that? Or just satisfy myself with a nice little read every time I'm too happy with my life... (haha)

Yes you can black mail the company and get millions.

Haha, let me rephrase. Anything I can do LEGALLY? I'm actually considering seeing an attorney based on principle alone...
 
Mar 10, 2005
14,647
2
0
you are being disciplined for calling in sick, once? i would quit right there.

i hope that meeting with your boss took place while you were on the clock.

ask him to show you the company policy regarding lunch breaks. i would have said "i did take 2 30 minute breaks. first one, then the other."

honestly, unless you love your job or have another very good reason to be there, quit. it's not going to get better. just say "i quit!" and kick him square in the nuts.
 

m316foley

Senior member
Nov 19, 2001
247
0
0
Originally posted by: The Boston Dangler
you are being disciplined for calling in sick, once? i would quit right there.

i hope that meeting with your boss took place while you were on the clock.

ask him to show you the company policy regarding lunch breaks. i would have said "i did take 2 30 minute breaks. first one, then the other."

honestly, unless you love your job or have another very good reason to be there, quit. it's not going to get better. just say "i quit!" and kick him square in the nuts.

They're paying my tuition. Fair enough?
 

SacrosanctFiend

Diamond Member
Oct 2, 2004
4,269
0
0
To my knowledge, you have no legal recourse at this point. However, keep everything documented (make sure to keep the receipt for the doctor's visit) in case you are terminated. I'm not fully versed in Virginia employment laws, but if I have some free time today, I'll look into them.
 

Syrch

Diamond Member
May 21, 2004
3,382
2
0
you can try to do this with legal measures but i warn you, it adds up quick. You are working a retail position so im pretty sure you don't have the funds to support it.
 

Fritzo

Lifer
Jan 3, 2001
41,892
2,135
126
Originally posted by: Whoozyerdaddy
Originally posted by: m316foley
I've never been written up at any job and since this new boss has come in (2 months ago), he's been nothing but trouble for everyone at work.

Well now, there's yer problem. Probaby his first management gig and he's over compensating or trying to make himself look good to the higher ups. Either way, all you can do is quit or walk on eggshells until he grows out of it and starts to relax.

Yeah, we call this "Hitler Syndrome". I've seen it quite a few times. It'll take a year or two before he settles down and realizes every single rule doesn't need to be followed to the T.
 

SacrosanctFiend

Diamond Member
Oct 2, 2004
4,269
0
0
Originally posted by: Syrch
you can try to do this with legal measures but i warn you, it adds up quick. You are working a retail position so im pretty sure you don't have the funds to support it.

Not to mention Virginia is an 'at-will' state, and also does not mandate lunch breaks. His case would, likely, go nowhere.
 

Gooberlx2

Lifer
May 4, 2001
15,381
6
91
Originally posted by: Fritzo
Originally posted by: Whoozyerdaddy
Originally posted by: m316foley
I've never been written up at any job and since this new boss has come in (2 months ago), he's been nothing but trouble for everyone at work.

Well now, there's yer problem. Probaby his first management gig and he's over compensating or trying to make himself look good to the higher ups. Either way, all you can do is quit or walk on eggshells until he grows out of it and starts to relax.

Yeah, we call this "Hitler Syndrome". I've seen it quite a few times. It'll take a year or two before he settles down and realizes every single rule doesn't need to be followed to the T.

I doubt it even has to do with following all the rules. I've NEVER worked at a job that requires you to see a doctor if you're only sick one day....and that includes several retail jobs. I think this new manager is just a douche.
 

Dirigible

Diamond Member
Apr 26, 2006
5,961
30
91
Not much you can do. Make sure to talk to HR and to get some thing in writing on your file that sets out your side.
 

Fritzo

Lifer
Jan 3, 2001
41,892
2,135
126
Originally posted by: Gooberlx2
Originally posted by: Fritzo
Originally posted by: Whoozyerdaddy
Originally posted by: m316foley
I've never been written up at any job and since this new boss has come in (2 months ago), he's been nothing but trouble for everyone at work.

Well now, there's yer problem. Probaby his first management gig and he's over compensating or trying to make himself look good to the higher ups. Either way, all you can do is quit or walk on eggshells until he grows out of it and starts to relax.

Yeah, we call this "Hitler Syndrome". I've seen it quite a few times. It'll take a year or two before he settles down and realizes every single rule doesn't need to be followed to the T.

I doubt it even has to do with following all the rules. I've NEVER worked at a job that requires you to see a doctor if you're only sick one day....and that includes several retail jobs. I think this new manager is just a douche.

Look in the handbook for the job- every employer needs to have one (HR might have it). See if a doctor's note is mandated in the sick day rules. If not, you can point that out. The boss can not write you up if it's not a pre-defined rule.
 

SacrosanctFiend

Diamond Member
Oct 2, 2004
4,269
0
0
Originally posted by: Fritzo
Originally posted by: Gooberlx2
Originally posted by: Fritzo
Originally posted by: Whoozyerdaddy
Originally posted by: m316foley
I've never been written up at any job and since this new boss has come in (2 months ago), he's been nothing but trouble for everyone at work.

Well now, there's yer problem. Probaby his first management gig and he's over compensating or trying to make himself look good to the higher ups. Either way, all you can do is quit or walk on eggshells until he grows out of it and starts to relax.

Yeah, we call this "Hitler Syndrome". I've seen it quite a few times. It'll take a year or two before he settles down and realizes every single rule doesn't need to be followed to the T.

I doubt it even has to do with following all the rules. I've NEVER worked at a job that requires you to see a doctor if you're only sick one day....and that includes several retail jobs. I think this new manager is just a douche.

Look in the handbook for the job- every employer needs to have one (HR might have it). See if a doctor's note is mandated in the sick day rules. If not, you can point that out. The boss can not write you up if it's not a pre-defined rule.

Not exactly true. If the sick day policy does not specifically mention not needing a doctor's note, it is at the manager's discretion.
 

MyThirdEye

Diamond Member
Dec 29, 2005
3,614
0
76
If you really need this job, then talk to him. Be honest, tell him you think thats BS what he's doing to you.
 

Azraele

Elite Member
Nov 5, 2000
16,524
29
91
I'm so glad I got out of retail. Things like that happened all the time when I worked it.

What stands out most in my mind is when I was pulled off of lunch to work, not allowed to go back and finish my lunch, was told I could leave early to compensate, and then was forced to stay and work over (I was absolutely starved when I got home that day).
 
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