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Punishing by cutting hours from my day, but never others

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  • Punishing by cutting hours from my day, but never others

    Hi,
    In Illinois, Can a supervisor/employer remove 2 hours from an employee's day to punish them if he feels they cost the company money?
    I’m a driver, and I accidentally jumped in the wrong truck today because they switched the truck on me, and I agree I should have checked. So I ended up wasting about two hours, about 10 miles in gas. This is a large company, I'm an hourly non exempt employee. So my supervisor scratched my 7AM start time, and put 9:30AM as my start time.
    The reason I feel discriminated, is because the people in the warehouse who pick my orders everyday, are making very costly mistakes almost once a week. and my supervisor never says anything to them, or has ever taken hours from them.
    My supervisor is a different nationality then I, but is the same nationality as the people in the warehouse. I’m Caucasian. I have never jumped in the wrong truck before, I agree it was a careless mistake, but it was a first.

    But why is it ok for the people in the warehouse to consistently forget to add paper to the orders. When they make these mistakes, it means my employer has to messenger a truck out, which is very costly to the company. But when I make one mistake my supervisor takes two hours from my day, can he do legally do that to me only? I've received compliments from customers who are happy with my service, but for some reason this one supervisor hates me, and this is what I’ve sensed from the day I started. He has reprimanded me with the F-word in front of other employees, and talks down to me like I’m a piece of garbage. I don't care about the profanity part, as long as I can use it on him. When I walk into work, sometimes he'll ask me if my feet are wet because of the snow, and that if they are he’ll make me mop the floor. While others employers walk in and he doesn’t say anything. Next time I think I'll tell him to mop it himself. It is obvious my supervisor is a racist, but that’s not even the point, the list goes on and on.
    Last edited by waveform; 12-09-2009, 09:45 PM.

  • #2
    If you are a non-exempt employee, then you must be paid for all time worked. Your supervisor could have sent you home early as a disciplinary measure, but he can't not pay you for time worked.
    I am not able to respond to private messages. Thanks!

    Comment


    • #3
      Originally posted by waveform View Post
      I don't care about the profanity part, as long as I can use it on him. When I walk into work, sometimes he'll ask me if my feet are wet because of the snow, and that if they are he’ll make me mop the floor. Next time I think I'll tell him to mop it himself.
      Yeah, and either one of those actions on your part could get you legally fired.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        Agree with Patty. You don't want to do that & get yourself fired.
        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


        • #5
          How is your supervisor a racist?

          That might be the point!
          Last edited by GotSmart; 12-10-2009, 08:13 AM.

          Comment


          • #6
            To prevail in winning an illegal discrimination case, the burden of proof would be on you to prove that the ONLY reason you were disciplined, (and others weren't) for the same infraction is due SOLELY to your race.

            Being a "racist", as abhorrent as it is, is not, in and of itself, illegal.
            Last edited by Pattymd; 12-11-2009, 03:40 AM.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Originally posted by GotSmart View Post
              How is your supervisor a racist?

              That might be the point!
              the poster said that ALL other employees including his supervisor are of the SAME RACE and ALL of the other employees have made costly mistakes, YET HE is the ONLY one punished for the ONE mistake he made and that was by docking his hours.

              The supervisor has also intimidated and embarrassed him by cursing him in front of other employees as well as many other hurtful comments and remarks. The supervisor is bullying him obviously.

              I feel for you friend, its not right, not always something you can do about it, but none the less KNOW that not everyone is like that and my heart goes out to you as you sound pretty distressed.

              Sometimes people just NEED someone to hear them you know......

              Comment


              • #8
                LETC, that does suggest a prima facie case. It doesn't win the case.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment


                • #9
                  Agree with Patty. OP will need to prove that they were being discriminated against just due to their race - no sure fire win.
                  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


                  • #10
                    So in turn if the employee files suit the employer will have to PROVE it was something other then discrimination due to RACE that caused the employer to show disparate treatment.

                    NO CASE is EVER a SURE WIN, it depends on the judge and jury, should a case GET THAT FAR.

                    This stuff happens all the time and if the laws were more consistent across the board and proper punishment attached for certain illegal protected behavior, there would not be SO MANY complaints and lawsuits, but the parties are never punished properly, there for a game of roulette ensues.

                    Get rid of damage caps, when juries award prevailing plaintiffs, give the plaintiff what was awarded to them by the jury, hence thats WHY there was a JURY TRIAL. ( the system as it works now is a contradiction of itself)

                    WHY the jurors chosen to assess the case and award damages are never TOLD what the damage caps ARE, thus award what they feel a plaintiff is entitled to as well as an amount awarded to punish defendant and then have to go back to court and waste court and tax payers time to REDUCE the award given to the plaintiff to be in compliance with the DAMAGE CAPS.

                    NON SENSE, its a FARCE, the jurors should know this up front, this would save tax payers and court time, its just hypocrisy and more.

                    Comment


                    • #11
                      I think proving some things can be difficult, but on the other hand, nothing a microphone can’t pick up.
                      There is another white driver who was hired back three years later despite the efforts of the harassing supervisor to not let him come back. He was one of the best drivers in the company and has also been harassed recently by the same guy. However this driver has less tolerance then me, and already went above him, and was granted a pass for the situation.

                      I don’t think the racial discrimination is the only point. How is it ok for others to make costly mistakes almost once a week, and never get penalized for it? There is an African American driver who pulled away with an empty truck twice, once last year when I was employed and I guess another time from what someone else was telling me, and he drove all the way to the city the second time. I didn't even go that far. I've also never been in an accident, all the other drivers except one has, and it was their fault. The warehouse people make so many mistakes that I'm embarrassed when get to the customer because I don't know what to say any more to cover these mistakes. It's now become a common joke at some of our stops. But thats ok, we'll just messenger it out for $200.00, $300.00, sometimes $800.00+ depending on how large the order is. On Average, I guesstimate these other guys cost our company about 16, to $2K a month by forgetting to add paper to the orders, and most of the time, simply not giving them what they ordered. I swear on my life, god strike me dead I am not exaggerating. I don't think the upper supervisors know about all this because it takes someone like me to go above them, but that's where I get myself in trouble. Like they say...Sh...t rolls down hill.
                      By the way, I finished my route the other day, (the day I screwed up) and nothing had to be messenger-ed out, so it cost the company nothing. again, I know it was a caress mistake but fortunately nothing got lost.

                      Pleae note that, When I go out on a second, or third run, and it's only one town away, I usually coming back 20 to 30 mins later. A few of our drivers come back sometimes two hours latter, what are they doing out there? Why is this ok? The other supervisor, (not the guy harassing) but his boss knows whats going on, but he is very passive and is afraid to go against the other supervisor who he is charge of. The only thing I can think of is that I’ve heard from the grape vine that both were cheating the company and they can’t not go against each other. What I heard was that they sometimes messenger orders out on the side to friends of other company's and are getting a cut on the side. When in fact they are suppose to be giving these orders to our own drivers to deliver. Personally that last comment is above and none of my concern and I'm probably moving soon. But it’s the principle of the matter. This stuff really gets to me. Makes me not what to do my best, but I'll look forward to better things.
                      Last edited by waveform; 12-12-2009, 09:18 AM.

                      Comment


                      • #12
                        Be careful. From my google search, it appears that Illinois is a two-party state, meaning that you cannot record a conversation unless both parties are aware and agree to be taped.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                        Comment


                        • #13
                          & per my reference, it also says it's a two-party state. (Il.)
                          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


                          • #14
                            Illinois

                            In Illinois, an eavesdropping device cannot be used to record or overhear a conversation without the consent of all parties to the conversation. 720 Ill. Compiled Stat. Ann. 5/14-1, -2. An eavesdropping device is defined as anything used to hear or record a conversation, even if the conversation is conducted in person.

                            In addition, it is illegal to disclose information one knows or should have known was obtained with an eavesdropping device. Violations of the eavesdropping law are punishable as felonies, with first offenses categorized as lesser felonies than subsequent offenses. 720 Ill. Compiled Stat. Ann. 5/14-4. Civil liability for actual and punitive damages is authorized as well. 720 Ill. Compiled Stat. Ann. 5/14-6. However, not disclosing the contents of the illegally obtained communication is an affirmative defense to the charge.

                            Standard radio scanners are not eavesdropping devices, according to a 1990 decision from an intermediate appellate court. Illinois v. Wilson, 554 N.E.2d 545 (Ill. App. Ct. 1990). A camera is not an eavesdropping device. Cassidy v. ABC, 377 N.E. 2d 126 (Ill. App. Ct. 1978).

                            It is also illegal for any person to “videotape, photograph, or film another person without that person’s consent in a restroom, tanning bed or tanning salon, locker room, changing room or hotel bedroom,” or in their residence without their consent. 720 Ill. Compiled Stat. Ann. 5/26-4(a).

                            The eavesdropping provisions do not prohibit private citizens from electronically recording the proceedings of any meeting subject to the Open Meetings Act.

                            Under Illinois law, when communications with individuals acting as agents or representatives of a company are taped in violation of the Illinois eavesdropping statute, claims under the eavesdropping statute belong to the company. International Profit Associates, Inc. v. Paisola, 461 F.Supp.2d 672 (N.D. Ill. 2006).
                            "Can We Tape?" http://www.rcfp.org/taping/states/illinois.html
                            Bold emphysis added.

                            Comment


                            • #15
                              Originally posted by waveform View Post
                              I think proving some things can be difficult, but on the other hand, nothing a microphone can’t pick up.
                              There is another white driver who was hired back three years later despite the efforts of the harassing supervisor to not let him come back. He was one of the best drivers in the company and has also been harassed recently by the same guy. However this driver has less tolerance then me, and already went above him, and was granted a pass for the situation.

                              I don’t think the racial discrimination is the only point. How is it ok for others to make costly mistakes almost once a week, and never get penalized for it? There is an African American driver who pulled away with an empty truck twice, once last year when I was employed and I guess another time from what someone else was telling me, and he drove all the way to the city the second time. I didn't even go that far. I've also never been in an accident, all the other drivers except one has, and it was their fault. The warehouse people make so many mistakes that I'm embarrassed when get to the customer because I don't know what to say any more to cover these mistakes. It's now become a common joke at some of our stops. But thats ok, we'll just messenger it out for $200.00, $300.00, sometimes $800.00+ depending on how large the order is. On Average, I guesstimate these other guys cost our company about 16, to $2K a month by forgetting to add paper to the orders, and most of the time, simply not giving them what they ordered. I swear on my life, god strike me dead I am not exaggerating. I don't think the upper supervisors know about all this because it takes someone like me to go above them, but that's where I get myself in trouble. Like they say...Sh...t rolls down hill.
                              By the way, I finished my route the other day, (the day I screwed up) and nothing had to be messenger-ed out, so it cost the company nothing. again, I know it was a caress mistake but fortunately nothing got lost.

                              Pleae note that, When I go out on a second, or third run, and it's only one town away, I usually coming back 20 to 30 mins later. A few of our drivers come back sometimes two hours latter, what are they doing out there? Why is this ok? The other supervisor, (not the guy harassing) but his boss knows whats going on, but he is very passive and is afraid to go against the other supervisor who he is charge of. The only thing I can think of is that I’ve heard from the grape vine that both were cheating the company and they can’t not go against each other. What I heard was that they sometimes messenger orders out on the side to friends of other company's and are getting a cut on the side. When in fact they are suppose to be giving these orders to our own drivers to deliver. Personally that last comment is above and none of my concern and I'm probably moving soon. But it’s the principle of the matter. This stuff really gets to me. Makes me not what to do my best, but I'll look forward to better things.

                              I truly wish you the best, do some research and more research and do what YOU feel is right. It is my opinion as well that this is wrong and could be a RACIAL issue ( reverse racial ) YES this stuff happens and NO its not right, so research it please and protect yourself. you sound like a well balanced guy with good intentions as well as a great employee!

                              Comment

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