Announcement

Collapse
No announcement yet.

I know half of the answers here but need my friends great advice! Oregon

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • I know half of the answers here but need my friends great advice! Oregon

    OK, here is the story. I work 61 hours a week. Forty of the hours I work, I am ashamed to say, is working in a video lottery center, that is where we serve beer, handle video poker sales, and food when asked for. We all work alone. I will make this as short as I can, but you all know what a book I can write when I get started lol

    ON 12-17-07, I paid out over 9,000.0 in winning lottery machine tickets, sold 13 beers, cooked for 3 people, and sold 99 packs of ciggarettes, all in 7 hours. I will just say that during this time, someone swindled me for 100.00 How I do not know. My guess is, is that after I picked up multiple winning video poker machine tickets, I had a line 5 long, and had to put the tickets aside while I helped the other customers, or they would have had to wait for another 5 minutes for me to care for them, and that is to long in my works eyes. My guess is, while my back was turned, to get ciggarettes for someone, that someone reached over and grabbed one of the tickets and stood in line like everyone else, and cashed in a ticket that was not theirs. Either way, I was 100.00 short. I went to my boss crying, because this is al new to me and had never happened.

    My boss asked me to fill out a written report on what happened that night so I did, I also included the possible chances of what could have happened. I told my boss I wanted to look at the video when they did, so I could see what happened, because their was a very suspicious person whom would not let me leave the V.P room, and make me help her through a bonus round, for she did not know what she was doing. Decoy, while somone stole money? Register is in seperate room than V.P room, so I must leave register, beer and ciggs unwatched to service the players in the room. Well you guys get what I am getting at.

    Here is the problem, I expected to be written up for being short, and had no problem with that, I would do the same if I was manager, at least until the video showed a set up. They do NOT, out of 4 cameras, have a camera facing the register or the area that the tickets would have been taken from, the one that did face us, for some reason was dissconnected a long time ago. I have no way of proving I did not steal the money. They want me to sign the write up, which I will, but they also want me to sign a paper stating that I LOST this money and will pay back (blank) amount on 5th and 20th until paid off (this is obviously my pay days). It states at the end of the write up, that the disciplinary action will be decided after a review of all information, I called my manager and said "isn't paying 100.00 that I did NOT steal disciplinary action? She replied "nope, that's just a guarantee they won't fire you over this. Now we all know this is illegal, and I know I could go to the Department of Labor to get my money back (well I think I can), but what I don't like is, that if I quit, which I would have reason to do, which I will add in a second, would do me no good because I have a second job, so I would make to much to qualify for Unemployment checks, so I am being forced to work here until I find another job, unless I am wrong, and I am hoping to hear that. When I told the assistant manager that when I quit, or got fired, that I was going to be reporting these forced payments from all the employees to keep from getting fired, I was immediately lowered to 24 hours a week, transfered to a store that only tweekers go to, and for no reason at all, no matter what they say. Can I quit, because of the diress or stress, less money in tips, retaliation for doing the right thing, and sue them for the amount of money I would be losing, since I can not get unemployment? I made at least 30 per night in tips but the average was 45-50 and once a week I at least cleared 100.00 in tips. Probably not, but I am praying so!! Why would they write me up before viewing the tape to see if I was robbed, and why would they lie about having the tape to look at, when I saw the screen with the 4 pictures, and it did not cover what they said it did, not to mention, their is no security protection now, if somoene looks to the right when they enter, and go straight to the register to rob me, they will never get a shot of them, and this is a very dangerous area I am working at. Help guys, I'm stressed, and I can not afford to not have both jobs!! P.S- when I told my manager I wanted to be there to go over the tape to see who screwed me, she said no one had ever asked to do that before, I said "I don't know why, the worker out of all people would know about when this could have taken place, and should at least have the opportunity to prove they did not steal the money, and know that the tape was looked at in the first place, to find the real culprit! I will pay this money knowing without that camera, I will never have someone to go after and file charges against for money that will come out of my pocket.
    Last edited by turbowray; 12-24-2007, 07:58 PM.

  • #2
    The relevent law is Oregon Revised Statute 652.610 and the FAQ. So such a deduction is illegal, which you know already.

    It kinda comes down to how much you want to keep the job. This kind of, well, blackmail is pretty common in the restaurant industry. If you decide to give in, let them deduct it from the paycheck so there is a paper trail. Keep copies of the write up so you can show it was a job or payback situation. The write up should include of your account, if you can get it added.

    You really threatened the employer with filing a claim? I think they'd be in violation of OR RS 652.355

    So what is it the union guys say? "Obey then grieve?" I wouldn't leave at least until I found a new job, and had filed a wage claim.

    Lots of stupid managment begging to be robbed blind, but some kind of corrective action was warrented. Don't feel too bad, it's easy to fall prey to a "quick change" con artists or whatever scam got pulled. You also did the right thing by bringing to the management's attention and helping with it's investigation.

    Hang in there. Read some stories on customerssuck.com (the "vinegar boy" story is always good for a laugh) Enjoy your holidays.

    PS: There's no crying in retail.

    Comment


    • #3
      Originally posted by TheRed View Post
      The relevent law is Oregon Revised Statute 652.610 and the FAQ. So such a deduction is illegal, which you know already.

      It kinda comes down to how much you want to keep the job. This kind of, well, blackmail is pretty common in the restaurant industry. If you decide to give in, let them deduct it from the paycheck so there is a paper trail. Keep copies of the write up so you can show it was a job or payback situation. The write up should include of your account, if you can get it added.

      You really threatened the employer with filing a claim? I think they'd be in violation of OR RS 652.355

      So what is it the union guys say? "Obey then grieve?" I wouldn't leave at least until I found a new job, and had filed a wage claim.

      Lots of stupid managment begging to be robbed blind, but some kind of corrective action was warrented. Don't feel too bad, it's easy to fall prey to a "quick change" con artists or whatever scam got pulled. You also did the right thing by bringing to the management's attention and helping with it's investigation.

      Hang in there. Read some stories on customerssuck.com (the "vinegar boy" story is always good for a laugh) Enjoy your holidays.

      PS: There's no crying in retail.
      Thank you for your reply. I will answer it as soon as possible. We came to visit family, and it looks like if we do not leave right now, we are going to be snowed in. Talk to ya soon!

      Comment


      • #4
        It sounds more like you threatened to blackmail the employer than the other way around. Threatening to file claims for other employees was a very very poor idea. Stating you plan to file a claim for yourself is protected. Threatening to blackmail your employer is not. Had you reported the improper deductions to the DOL, that would certainly have been protected. Threating a broad based DOL charge based on things you know nothing about (ie. other employees' pay) and before anything improper had actually happened, is much more iffy.

        They are entitled to allow you to remain employed if you "make up" for the missing amount. They may not be able to force you to pay up (without taking you to small claims court) or dock the money from your paycheck without authorization, but if you lost the money or didn't ensure that it was handled properly, yes, they can hold you responsible for it, just as though you stole it. Just because you can think of some other plausible explanations that decrease your personal responsibility does not mean you aren't still responsible. It also does not mean your employer can not fire you or must allow you to "proove" you fell for a scam. Even still, they could still legally fire you for falling for a scam.

        Allowing anyone to view security tapes who does not work in security or senior management is a very bad idea. They do not have to allow it.

        If you quit over this I'd be highly surprised if you qualified for UC, other job or not. Even if terminated for suspected theft, it is questionable at best. You didn't report being robbed. You reported that you wre $100 short with no explanation other than you might have been scammed, or been taken advantage of while you weren't paying attention.

        The biggest problem I see here is that you have not taken any personal responsibility for what happened. In the grand scheme $100 is not a lot, but the lack of responsibility means a lot more to employers. Even an, "I'm sorry, I will be more careful in the future and here is how", goes a lot futher than demands to see the security videos and attempts to shift the blame to unknown patrons. There are few words I dislike hearing more than, "It's not my fault". I'm betting that right there is the issue from your employer's perspective.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment


        • #5
          Originally posted by ElleMD View Post
          It sounds more like you threatened to blackmail the employer than the other way around. Threatening to file claims for other employees was a very very poor idea. Stating you plan to file a claim for yourself is protected. Threatening to blackmail your employer is not. Had you reported the improper deductions to the DOL, that would certainly have been protected. Threating a broad based DOL charge based on things you know nothing about (ie. other employees' pay) and before anything improper had actually happened, is much more iffy.

          They are entitled to allow you to remain employed if you "make up" for the missing amount. They may not be able to force you to pay up (without taking you to small claims court) or dock the money from your paycheck without authorization, but if you lost the money or didn't ensure that it was handled properly, yes, they can hold you responsible for it, just as though you stole it. Just because you can think of some other plausible explanations that decrease your personal responsibility does not mean you aren't still responsible. It also does not mean your employer can not fire you or must allow you to "proove" you fell for a scam. Even still, they could still legally fire you for falling for a scam.

          Allowing anyone to view security tapes who does not work in security or senior management is a very bad idea. They do not have to allow it.

          If you quit over this I'd be highly surprised if you qualified for UC, other job or not. Even if terminated for suspected theft, it is questionable at best. You didn't report being robbed. You reported that you wre $100 short with no explanation other than you might have been scammed, or been taken advantage of while you weren't paying attention.

          The biggest problem I see here is that you have not taken any personal responsibility for what happened. In the grand scheme $100 is not a lot, but the lack of responsibility means a lot more to employers. Even an, "I'm sorry, I will be more careful in the future and here is how", goes a lot futher than demands to see the security videos and attempts to shift the blame to unknown patrons. There are few words I dislike hearing more than, "It's not my fault". I'm betting that right there is the issue from your employer's perspective.
          I truely understand your point of view, there was alot more to the story that I did not include because when the posts are to long people don't like it. The night this happened, I went to the store my manager was working bawling like a baby stating that I did not know what happened, but no matter how busy it was, I could not see myself overpaying, or paying someone twice, I did say I was robbed or scammed, for if they stole a ticket that I had by the end of the counter, but yet behind it, that is still theivery, even though it was not cash, they could have taken the ticket and stood in line with the rest of them, and cashed it like it belonged to them, that is what I told my boss was my theiry, I have caught short changers in the past so chances of that is low. There was a lady there obviously on drugs, and when I went into the video lottery area, which is seperate from the register area, to just simply collect ashtrays with new ones, this lady phsically held my arm and said, you can't leave me, help me with this bonus round, etc, and kept me busy with her for a while, keeping my front area unsupervised. I wondered if someone was in cahoots with her, to get ahold of money or tickets, etc. Yes, I promise I do take responsibility. I have signed a paper stating that I will pay 25.00 on my paydays until paid off. I guess what I had going through my head is, they didn't rob me with a gun or anything, but I feel like that was stolen, and I shouldn't be made to pay for money that I did not steal. I am an honest person, and I think this is more speaking from hurt than anger. I have since found out that they do not have video on the register, and for some reason, that camera was dissconnected by the district manager over 2 years ago, They have been robbed (other stores, they have 12) more than 4 times last month, so I am also very scared for my safety with no camera to say who did it, if they do not wear a mask. I did though speak out of truth when it came to the other employees, because other employees have told me the same is done to them. I guess my point there, which you are right, I should not have mentioned it, is that they have not only been breaking the law with me, but with every employee that they have done this to, I did not mean to make it sound like I would make charges for them, I can not that I know of, they have to, but I could let them know what the other employees have told me, so they know this is not a single action, but an ongoing thing for years. I have no problem being written up or terminated for suspected theivery, but I feel like they are making us buy a not guilty verdict, and when you are as honest as I am, that bites. It also bothers me that with no camera, nothing can be seen, so I will never have the chance to see who I can come after to get that shortage back. I did say I have learned a valuable lesson, and will put all tickets, until they are validated by my register where they would have to really reach for it, instead of by the validator, which is a short reach. You are right, I can not say it is not my fault at all, I just wanted the chance to show them, if there was something to see. Can you blame me? I would think since there is no video to show theivery, Unemployment would be an option, but I care more about what kind of person they think I am, more than money, or anything else. The only reason why I wanted to see the video, is I have an idea of when this could have taken place, and I would have been able to say, here, this is it, etc etc, no other reason, it wasn't that I was not paying attention, it is that in order to help those in line, I actually have to turn my back to them, and get on a ladder to reach for ciggs that they want, a good chance to quickly grab an unvalidated ticket. Sorry for not writing everything in detail. I am also aware of 2 ex managers whom have came to me with information, and they have gone to the department of labor for our state, so anything I would have mentioned came from employees themselves, I do know enough not to say what I have not heard from an employer themselves. Oh well, they are going to get their money, and thanks to no camera on the whole counter, and register area, I will never know who to go to to get my money back. Live and learn. I will not quit without another job, but I have a strong chance to work at cj's competetors, whom hire fired cj's workers all the time, and say they have not had a problem with them. They say things happen for a reason, this is a good one, they pay more and offer benefits and 401K! Thanks for all of our good advice, and the heads up to watch what and how I say things! I do take part of the responsibility, no one else was working but me!! Thanks again! OH, they transfered me to a different store and I will be there permenantely with 24 hours a week permanentaly. Sorry if my spelling is wrong. Good night, I have to get up at 5 am, and just got home from work. Have a great day you guys!!

          Comment


          • #6
            Originally posted by TheRed View Post
            The relevent law is Oregon Revised Statute 652.610 and the FAQ. So such a deduction is illegal, which you know already.

            It kinda comes down to how much you want to keep the job. This kind of, well, blackmail is pretty common in the restaurant industry. If you decide to give in, let them deduct it from the paycheck so there is a paper trail. Keep copies of the write up so you can show it was a job or payback situation. The write up should include of your account, if you can get it added.

            You really threatened the employer with filing a claim? I think they'd be in violation of OR RS 652.355

            So what is it the union guys say? "Obey then grieve?" I wouldn't leave at least until I found a new job, and had filed a wage claim.

            Lots of stupid managment begging to be robbed blind, but some kind of corrective action was warrented. Don't feel too bad, it's easy to fall prey to a "quick change" con artists or whatever scam got pulled. You also did the right thing by bringing to the management's attention and helping with it's investigation.

            Hang in there. Read some stories on customerssuck.com (the "vinegar boy" story is always good for a laugh) Enjoy your holidays.

            PS: There's no crying in retail.
            Thank you again, I have made copies of the warning with signatures, and the payment plan also. I wrote my side of the story with these two papers, and the info on my new store and hours since I told the assistant manager what I was going to eventually do to get my pay back, and what happened that night, and sealed it dated it, signed the outside, and the time I sealed it, and no one will open it except the D.O.L. Have a great day, and ty for the link and the funnies! I guess I am just scared, starting this month, I have to pay 100% of the house bills while my husband goes through his last month of school, and 3 months of internship, where he works for experience, but no pay at all. I am very scared, but it will work out, I keep praying every day! Good night! OH, it is my other job that is union, so no union back up here lol!
            Last edited by turbowray; 12-26-2007, 11:45 PM.

            Comment


            • #7
              new happenings

              Well, the retaliation has continued, I have however emailed the Department of Labor for the state of Oregon. I was called into the office, and fired for not having my foodhandlers card (that is what the manager told the reginal manager). When I told her that the food handlers card, and my olcc card was taped to the inside of the counter where everyone elses where, she threw the term papers in the air and said "oh, well then never mind". I started to cry and told her that I could not take this anymore, and that I feel like since I made a fuss over paying for the shortages, that I have been picked on by my manager. She told me, I do not want you to work for her anymore. I felt good about that until she told me, that until she could find me another store to go to, she could only give me 16 hours, doing night shift, in a real shady side of town, in a dinky store of thiers, that happens to be the one that was robbed twice last month. I am still being punished, my hours have not been upped. OH, she said, "I hope she saved the tape of that night", acting if that was her call to do so, when my manager told me, that she would have to ask them if I could sit and watch them, and that they would be watching them. I wondered why I was given the repremand before the tape (that could not exist because that cameras wires have been cut for 2 years), could clear my good name or not. I think other than calling the DOL, there is nothing I can do, but face it, I face loosing my home because I told them what the law was. I would do it again in a heart beat. I do not dedicate my time on this site finding law facts, to roll over and let an employee do something illegal to an employee. I will swallow it. I am hoping they fire me for not paying it back, then I think I could get them for wrongful termination, but I am not sure. Thanks for listening guys, pray for me, I am job hunting, and have asked for 2 more clients, so I do not need their income to survive. Have a great one you guys!

              Comment


              • #8
                Good luck - keep us posted.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment

                Working...
                X