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need advice, workplace sitation. (HR/legal?)

Discussion in 'Outreach Forum' started by dWreck, Jan 9, 2014.

  1. dWreck

    dWreck formerly dcaf

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    I need some advice from anyone savvy with business HR and possibly legal?....I will try to summarize it as best I can. It's a lot....and I'm in a bit of a jam and i don't know what to do.

    My company runs on a pretty ironclad "points system" as far as attendance is concerned. i.e. if you get 32 points you're fired, immediately. that's the cap. you get 4 points for calling out sick. 1 point for being late. 2 points for leaving early. etc. and they keep track.
    They give everyone a break with attendance "passes". everyone gets 6 "passes" to use throughout the year starting on the first, if you call out sick, you can use 1 pass to not get the 4 points on your record. max of 6 times, obv.

    Here's the deal. I was really really sick and although I was at like 24 points, I had all my passes for the new year. (My points are all late-related, not calling out.) This is what happened:

    Sunday morning 01/05/14 at 6am, I call my boss tell him that i'm sick and using a pass, he says okay. Call the main office and leave a voicemail saying i'm using a pass. (Both of these are protocol) No issue.

    Monday morning 01/06/14 at 6am, I call out a second time. Same thing, tell the boss i'm using another pass, he says okay, leave another voicemail for the office. No issue.

    Same day, Monday, 6 hours later around noon, I get a text from my boss saying attendance policy changed, and He couldn't give me a pass for monday. Apparently now, you get 1 pass every 2 months, You don't get all 6 at once to use as you please. When I went back to work on Tuesday, I looked at my email and the entire company got the "new attendance policy revision" that verifies what he texted me. it was sent around 11 am. 5-6 hours after i had called out.

    So I called out under the pretense of the original policy..... Abiding by the protocol....then 6 hours later they announce the policy changed. How exactly can they hold this against me after the fact? I get written on a final warning for being at 28 points after this, when I should have been able to use my 2 passes and be done with it. Unfortunately it just got worse. I had a phone meeting with my boss and his manager about my final warning, I explained my case and they essenstially just told me "it is what it is".

    I was getting really upset over this (and obviously feeling like i'm being shafted by a policy change that i have physical proof i was unaware of) and i decided to email an HR rep. I gave her the situation and she shrugged it off and basically told me to go through the chain of command. That's helpful, I did that in the phone meeting already and they did nothing.

    So- I call my bosses manager from said phone meeting after work today to plead my case again and this is when it got worse. I explained everything to the 'T' with examples of my proof and time stamps.... His literal response was "if you work tomorrow I will get rid of the points". I don't work Fridays. I work Sunday through Thursday with fri/sat off. Essentially he was saying he will make it go away if I work extra hours tomorrow. which would be a total of 48 hours this week, non overtime.... I was borderline stunned. They have been asking about optional overtime all week because its busy which i have been declining because of being sick and equally pissed. I told him I didn't feel I should HAVE to work bonus time to get points taken away that were wrongful in the first place. He said he would take it up with the department head and "try to see what he can do and call me back". (wait, i thought i had to work overtime... now you're gonna do it anyway after i said no???) (this was on the company line, a recorded conversation.). Then he calls me back, and essentially says he "reviewed it" with them and what he said still stands. If I work extra hours they will take it off.

    Excuse my french but how the **** can they do this? I don't know where to go from here. I am considering contacting the legal dept to see what grounds i/they have, which doing so has a notorious past of firing people "just because". This is on top of the fact that 6 days into the new year I now have a wrongful write up on my record that will drastically reduce my end of the bonus and raise......11 months from now.... even if i am flawless until then.

    If anyone could offer suggestions i'd appreciate it. :unsure:
     
  2. Ohiophinphan

    Ohiophinphan Chaplain Staff Member Luxury Box

    You likely have a case under federal labor law. They are asking you for a "payback day" which I believe is not permissible. All that said, while you would likely win a case under federal law and thus in federal court, you could have to wait years to get your case heard.

    Do you have a union? Any other recourse for appeal?
     
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  3. dWreck

    dWreck formerly dcaf

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    No union or anything like that, Aside from talking to our legal department, I think i've exhausted the only options i have, as limited as they are.... :sad:

    Honestly. I'm still stunned my manager said something like that to me. I can't believe it. This is after I finish telling the guy He is the only person I've ever been able trust and go to for help.
     
  4. Sethdaddy8

    Sethdaddy8 New Member

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    Do you like or need this job? Do you have other options? If not, I would half *** Friday and start fresh next week.


    Sent from my iPad
     
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  5. dWreck

    dWreck formerly dcaf

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    I know for a fact I wouldn't make what i'm making anywhere else. I do need it pretty bad. I already told them i'm not going in tomorrow. My point is just the fact that it came to this man. Idk.
     
  6. Sethdaddy8

    Sethdaddy8 New Member

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    You know how everyone always says life isn't fair... Sucks, but this **** happens, and it could always be worse.
     
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  7. Stitches

    Stitches ThePhin's Biggest Killjoy Luxury Box

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    You were late 24 times though. In many jobs that are strict with the time clock you likely wouldn't even get that many shots.
     
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  8. Boik14

    Boik14 Admin Staff Member Club Member Retired Administrator

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    As crappy as it is, the only real recourse is what Ohio mentioned. With no union, your only recourse is done on your personal time and with your own wallet. What you can do is tell I guess it would be the better business bureau what happens in this company. I would also contact an attorney and see if you can still sue them while you work the friday. However I would do this while making up the Friday. Unless you have school or something just suck it up imo. You need the job or you wouldnt be posting it. Stick it to them and keep yourself in good standing.
     
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  9. BicketyBam

    BicketyBam No Fist Pumps Allowed

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    Many business have an "employment at will" relationship with their employees. That means you are free to quit at any time for any reason and the employer is free to terminate you at any time for any reason other than discrimination. My business also had it stated right in our company manual that management reserves the right to change policies at any time.

    I owned my own business. I can't begin to tell you how many people over the years quit with little to no notice. It was their right. And most likely it is your company's right to change policy at any time.

    My business was family owned and we tried our best to do right by our employees. We continued to pay an employee for 6 months when he got cancer. Policy was 6 sick days. I've had good employees ask for vacation time before they earned it. And I would grant it. And then I had employees that took every single day they could before the end of the year because, hey, it's there and it doesn't matter if I'm sick or not. And when those guys needed something I told them to pound salt.

    By your own admission, you have a great paying job that you can't eaaily replace. My advice is to act like that. Show up to work on time. If you did, this isn't even an issue. I can't believe they let you show up late 24 times. I'd never tolerate that. So I think you should be thankful for what you have and take this one on the chin. Of course no one will agree with me, but I tend to look at it from the employers' perspective.
     
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  10. Sethdaddy8

    Sethdaddy8 New Member

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    I agree. My wife is a teacher for 13 years. We had 3 pregnancies too in that time. Being late isn't even an option. And she is protected by a union and tenure.
     
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  11. MikeHoncho

    MikeHoncho -=| Censored |=- Club Member

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    You gotta take a stand and slam your tray down in the cafeteria. Storm out of there and don't look back.
     
  12. ToddPhin

    ToddPhin RIP Phinsational Luxury Box Club Member

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    I got nothing but love for Derek and I hope he doesn't take this as a slight, but from a managerial point of view the first thing I thought of when he said the policy was changed that same day 6 hours later was that they might've intentionally done it with his tardies/absences in mind, but granted it's the new year it could just as well be a coincidence. However, looking at the way they responded to him you could also second guess the coincidence aspect.

    Bottom line in so many words is what you suggested- don't let pride get in the way of a job you need and pays better than the alternatives [which aren't guaranteed to treat you any better in a similar situation].
     
  13. BicketyBam

    BicketyBam No Fist Pumps Allowed

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    When to the points reset to 0? Do you get paid sick days? If so, how many do you get per year and do they charge you 4 points for taking one? I am a little confused on their policy.
     
  14. McLovin

    McLovin Resident Pats fan.

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    are you salary or hourly? I ran out of PTO time when my dad was sick and they let me take the extra days off and make them up on the weekends. I work a standard day, 9-5 Monday through Friday so i did a couple Saturdays to make up for it.

    If you're salary they can request that you work whenever, if you're hourly, they have to pay you regardless, that's in your state's labor laws. It sounds like to all they want you to do is make up the day you missed and they will take away the points, like it never happened.

    But dude, being late 24 times? seriously?
     
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  15. cdz12250

    cdz12250 Season Ticket Holder Club Member

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    What state are you in?
     
  16. ToddPhin

    ToddPhin RIP Phinsational Luxury Box Club Member

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    upset? confused?
     
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  17. Ohiophinphan

    Ohiophinphan Chaplain Staff Member Luxury Box

    Seriously cdz is right, different states have different labor laws.
     
  18. Ronnie Bass

    Ronnie Bass Luxury Box Luxury Box

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    I hate to say this but it sounds like they are just looking for a reason to fire you. Do you get along with your bosses or are they unhappy with you for something?
     
  19. Sethdaddy8

    Sethdaddy8 New Member

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    Guys, I don't think he was late 24 times. He is just at 24 or 28 points, according to the work point system, where past 6 sick days is 6 points in one shot, which I think he has on his record.
     
  20. daphins

    daphins A-Style

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    Suck it up, work the extra day and button up around the place. Don't give them an excuse for fire you, and start looking for another job immediately.

    If a place values you, they'll try to keep you. If they don't, they'll be indifferent, or look for ways to push you out. I'll never again work for an employer that is indifferent or doesn't value me if it is at all within my power. The day they pull that crap on me is the day if hit the pavement with my resume.
     
  21. Call in a bomb scare so they send everyone home on your make up day
     
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  22. Stitches

    Stitches ThePhin's Biggest Killjoy Luxury Box

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    :dunno:
     
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  23. Sethdaddy8

    Sethdaddy8 New Member

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    That doesn't compute. Who can be late 24 times? I am assuming there are other infractions here. Maybe he got like 8 points once for showing up late AND drunk.
     
  24. ToddPhin

    ToddPhin RIP Phinsational Luxury Box Club Member

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    Didn't he call out sick for like 3 straight days at the end here? Those are 4 points each. Where's Aponte when we need her?























    ....and after she gets his manager fired she can figure out the math.
     
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  25. Fin-Omenal

    Fin-Omenal Initiated

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    He said he used a "pass" those days you ignorant tool.

    :pity:

    Anyways...I hope you went in today and showed them you are NOT a pain in the ***.
     
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  26. MikeHoncho

    MikeHoncho -=| Censored |=- Club Member

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    How many points does pooping in the copier tray get you?

    Sent from my Transformer TF101 using Tapatalk 4
     
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  27. McLovin

    McLovin Resident Pats fan.

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    how many points for forgetting to take off the strap on?
     
  28. ToddPhin

    ToddPhin RIP Phinsational Luxury Box Club Member

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    OOOOH Look at the big brains on SituationJr
     
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  29. Fin-Omenal

    Fin-Omenal Initiated

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    My abs are better..
     
  30. ToddPhin

    ToddPhin RIP Phinsational Luxury Box Club Member

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    especially when they're filled with pumpkin pie poptarts.
     
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  31. McLovin

    McLovin Resident Pats fan.

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    a healthy shade of orange
     
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  32. dWreck

    dWreck formerly dcaf

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    Holy **** this thread went from zero to pants-on-head re****** really quick. Bomb threats... poptarts.... pooping in the copier... strapons...Wouldnt expect much less. I love you guys lol. I'll answer a few questions that were asked... Just to kind of clear the air here i was not late 24 times and I'm sorry for not being descriptive enough.. I've been very unlucky and late a few times but I've also gotten pretty major hits for stuff beyond my control. For examples sake I've had 3 family members pass in which i left early on the days i found out to go comfort the rest of my family. I've had to leave early to take my gf to the hospital a few times for random incidents. Each one of those occurrences was 2-3 points a pop. There is a lot more to it then i listed in the OP because that wasnt my point (lol) so I just said " late related".. It sucks but it is what it is...... A few of you asked about getting the points back down. If you're flawless for 30 days then it goes down 4 points. I've just been unfortunate enough lately to go perfect for 2-3 weeks at a time and then something happens.... I'm going to do everything I can for the next 30 to at least get me out of a final warning... also.. I'm in Florida. ... I appreciate the responses guys...... Most of them. :lol:
     
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  33. dWreck

    dWreck formerly dcaf

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    Basically... we are a team of 4 people in a remote site under a pretty verbally abusive supervisor who gets away with murder because there is nothing we can do. Our corporate office is 2 hours away. Whenever a problem comes up who is HR going to believe? Not us. We were a team of 10 people. Multiple people went head to head with him and thus there were 4 of us left. It puts us all in a really bad situation but we do what we can. I love my job. I'd do it forever under any other boss sadly. But a lot of times it does seem like they are doing anything they can to get us fired to close down this site and save the money. In that scenario my scum bag of a boss would get to work from home. I'm not a bad employee, my production has always been top tier in this company. I took the promotion offered to me to move 2 hours away in the middle of no where and take this job in the first place. That was 2 years ago. Sadly I didn't heed the warnings of others about this site and the boss.. and there Is no room for any kind of advancement now.. not even laterally. I regret it. I would have stayed home in broward for less money AND higher cost of living, had I knew.
     
  34. Fin-Omenal

    Fin-Omenal Initiated

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    Solution sounds simple to me....Got to get rid of your boss.



    A lot of bad things happen to people everyday, maybe a little muratic acid accidentally finds it's way Into to his coffee, perhaps pay a hooker to seduce him off hours...video tape it and threaten to show his wife, loosening up some lug nuts on his tires sounds nice also.

    Take control, take control of your destiny.
     
  35. dWreck

    dWreck formerly dcaf

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    Its simple.... We kill the batman.
     
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  36. What are you... Some kind of a Joker
     
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  37. Ohiophinphan

    Ohiophinphan Chaplain Staff Member Luxury Box

    While I can not condone murder, (even if I do understand it :wink2:) that may be your only call. There may be a more pro management state in the United States than Florida but I am not aware of it. Florida labor law doesn't let the employer draw AND quarter you but I think they have the choice of one or the other!
     
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  38. Boik14

    Boik14 Admin Staff Member Club Member Retired Administrator

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    As maddening as this is going to sound...

    If you really like this job Id be perfect. As in first there and last to leave. Even douchebag bosses recognize effort. I would constantly ask the boss for more work and make it so impossible for them to get rid of you that they had no choice but to promote you. There was an employee like that in my company where he was on his final warning and he flipped it around on them. If you really like your job suck it up and fight for it. And hopefully the life will quit dealing you BS :)
     
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  39. Fin-Omenal

    Fin-Omenal Initiated

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    I should've consulted you before voluntarily leaving a $30 an hour job. :pity:
     
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  40. Boik14

    Boik14 Admin Staff Member Club Member Retired Administrator

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    Apparently. Never knew I was a guidance counselor here at TP as well as chief mod. :lol:
     

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