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Fired while not on the clock- need advice!!!! Georgia

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  • Fired while not on the clock- need advice!!!! Georgia

    I was working here for a year and a half clean record, no warnings no write ups

    I was fired before Clocking in for work. A few days be for i filed a complaint to the DOL wage and hour division for managers auditing my hours which is against the law. The managers found out about the complaint i filed. On that day my manager stated that i could not work because of my shoes(how stupid). Since they claim i violated the dress code there were 3 people who working in violation of the dress code and 3 people getting ready to begin work. I was called out and i didnt even clock in yet. on my way out the door i attempted to get the numbers to the store owner and the manager ended up putting his hands on me and shoving me out of the door. I filed a simple battery charge against him. three days later i was fired for dress code violation and violation of employee code of conduct. (While not on the clock) I was told that the decision was made by the district manager and the general manager. Who did not hear my side of the story and who were also not present on the day of the incident.

    I was denied unemployment because of the VIOLATION words on my seperation notice and wish to appeal. Whats the best way to appeal without giving out all my evidence just in case this info gets referred to the employer?

    Is this also a for of discrimination and retaliation?!?!?! I plan on filing a complaint to the EEOC also.
    Last edited by lilsellers50; 12-21-2009, 11:38 PM.

  • #2
    Originally posted by lilsellers50 View Post
    A few days be for i filed a complaint to the DOL wage and hour division for managers auditing my hours which is against the law.
    Do you mean "auditing" or "editing"?

    It was not illegal to fire you while you were not working.

    It does sound like there might be retaliation in play here. See an attorney for your options, including how to form your appeal.

    You've already given out information in your post. What "evidence" do you think the employer isn't entitled to?

    To my knowledge, the EEOC does not handle retaliation claims unless it's because you reported an alleged violation of Title VII laws, which have to do with discrimination based on such things as your race, gender, religion, national origin, etc.
    Last edited by Pattymd; 12-22-2009, 05:03 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      "Auditing" your hours not only is not illegal, it is encouraged.

      "Editing" your hours may or may not be legal, depending on why they are doing it and the results.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        im sorry i ment editing hours.for example i work until 5pm and clock out a 5pm when my work has ended, then one day later the manager changes my time to say i clocked out a 3:45pm.......is that legal? and i Know its not against the law to fire people while not on their clock im talking about for the reasons i was fired. I was fired for violation of dress code and violation of employee code of conduct. How can i be violating the dress code or thier rules of conduct if i am not working?

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        • #5
          If the editing of your time card results in your not being paid for all the time you actually worked, that is illegal.

          There are other posters here who have more experience with UI in your state than I, so I will leave the question of your UI appeal to them. However, I would encourage you to amend your wage complaint to include the fact that you were terminated. Of all the people who write to these forums thinking that they have been wrongfully terminated, you may actually have been. While it is not illegal to terminate you for violations of the dress code (even if you are off the clock), the timing of this termination for a minor infraction comes a little too close to your wage claim for me to be comfortable with it. It practically screams, Pretext. The DOL should be able to see that too.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            Thanks alot now i kinda dont understand what you mean by pre text? could you explain please.
            I see alot of people are on this site looking for ways to get a hand out but im not thanks I honestly just want to be able to look for a job and not have this incident hold me back from my next one lol..
            And are you saying that i Need to submit a letter to the wage/hour division stating that i had been terminated after they found out that I submitted my complaint or do i need to leave that alone and wait until my appeal to bring that up?

            Comment


            • #7
              http://dictionary.reference.com/browse/pretext
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                And are you saying that i Need to submit a letter to the wage/hour division stating that i had been terminated after they found out that I submitted my complaint or do i need to leave that alone and wait until my appeal to bring that up?

                You need to notify the DOL that you were fired after you submitted your complaint. This is a completely separate issue from your UI appeal.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  Ok thanks a lot!!!!

                  Comment


                  • #10
                    Ok thanks a lot!!!!

                    I was told that the decision was made by the district manager and the general manager. Who did not hear my side of the story and who were also not present on the day of the incident.

                    With this being said is this a form of hearsay since the decision was made based on information provided by only one side and I was not present or bieng able to present my side. I feel this way the manager could have manipulated the issue and added in whatever he felt was necessary to terminated me.

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                    • #11
                      It may have been "hearsay", but the rules of evidence in a courtroom are not the rules of "evidence" in the employment arena.

                      I think we've all been watching too much Law and Order.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        Oh wow ill remember that lol but thats funny I dont even watch law and order lol

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                        • #13
                          also if any one has any info to the UI side of this matter please help

                          Comment


                          • #14
                            You need to go ahead & appeal & just tell the truth. The "state" will decide if you get benefits or not.
                            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.

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                            • #15
                              Did you get the required separation notice when you were fired?

                              When an employee is separated from my company, am I required to provide anything in writing to the employee?

                              Yes. Georgia law requires that the employee be furnished a separation notice that contains detailed reasons for the employee's separation. The separation notice should be delivered in person on the last day of work or, if the employee is not available, should be mailed to the last known address.
                              http://www.dol.state.ga.us/em/faq_em.htm#faq_04_15
                              Last edited by Pattymd; 12-23-2009, 05:18 AM.
                              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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