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What would I need to do if I'm being treated unfairly at work (chevron) Formal compliant just made it worse
What should I do
Anonymous2 views2 answers
Manager has kept me overtime when he's late (mostly everyday, from a half-hour to an hour) and edits the clock so he won't get into trouble. He has made me feel uncomfortable being there because I decided to wright a formal complaint for not allowing me to take a sick day when I was terribly ill. he was given plenty of notice and still said no. which had occurred several time before.
He recently yelled at me in front of customers and has a very unprofessional demeanor.
He has had many relations at work and with employees. I had finally had enough and sent compliant but no one seems to want to help me.
other employees all have their issues as well however, afraid to lose their jobs to have told me if the have to lie then they will.
I am stuck and in need of advice.
At-will employment is a doctrine in which an employee can be dismissed by an employer for any reason without having to establish "just cause" for termination, and without warning. The basis for this rule is that an employee may be similarly entitled to leave his or her job without reason or warning. This includes work hours, pay, policies and job assignments.
In workplaces with a trade union and a collective bargaining agreement, and in many public sector jobs, the normal standard for dismissal is that the employer must have a "just cause". Otherwise, subject to statutory rights, such as protections against discrimination and/retaliation, the general principle is that an employee may be discharged without cause and without notice.
If you believe that you are being discriminated against or retaliated against because you are a member of a protected category, you might benefit from consulting with an experienced employment law attorney and having them evaluate your case. The California Employment Lawyers Association maintains a list of employment law attorneys who represent employees against employers. Follow the link to: www.cela.org.
"Editing" the clock may be actionable violations of applicable wage-hour laws. Talk to a local attorney.
Keeping your overtime when he is late is not an unlawful practice. Live with it or move on to a better gig.
You gave him "plenty of notice" about a day when you were terribly ill? Most employers would not find your actions credible, as you describe them. Illness just doesn't work that way. In any event, the manager was not required by law to approve a request for that day based on what you have posted here.
Yelling at you in front of customers is rude and abusive but not unlawful unless it is based on bias against you for race, religion or another protected classification.
His relations with employees. Usually this is not your issue. There can be some very narrow exceptions such as where you are passed over for promotion because another employee is reaping the benefit of a sexual relationship. But these are rare situations and very difficult to prove. If you simply made complaints about the manager's relationships, it is unlikely that you have any sound claims based on those complaints.
When you pursue your potential wage-hour claims, get legal advice at the same time about the limits of the grounds for complaining about your manager without risk of lawful retaliation. This is clearly a subject matter where you are in need of concrete and specific legal info.
