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Law Forum: Free Legal Advice Online / Workplace Disputes / Grounds for suit, related to friends at workplace?
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Posted By Discussion Topic: Grounds for suit, related to friends at workplace?

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geeksquadbad
11-02-2009 @ 4:54 AM                          
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Hello,

I would like to know if I have any grounds or recourse for the below situations.

*****Short Version*****

I, a manager, am getting in trouble for fraternizing with employees under my suopervision, though outside of work. I have been told that there is no recourse for this concerning written law, but I am confused as to why because I know of a lawsuit against the company because they failed to hand out employmee of the month like it says in the company's handbook. This lawsuit is for a substantial amount of money and is likely to be settled because the company is certain it will lose. If I can not file under the already existing laws, can I not make a claim for unwritten laws? Why can I get in trouble for creating and maintaining friendsships when they are not affecting my performance or my treatment of any indviduals?

*****End Short Version*****

*****Long Version*****

1. I, and other management, were led to believe that we did not get breaks, as management. I have had five or less breaks since November 1st, 2007. The company just recently began a new break program, which is how I found out that I do in fact get breaks.

2. Unreasonable working conditions.

32 labors hours are required on a daily basis (Manager, Kid Check, Assistant Tech) by the company. We are only afforded 38 hours for the first 1000$. Adding a kitchen person alone puts us at 40 hours. We also need a cashier, a gameroom attendant, and sometimes party hostesses. When we use the staffing we need to run the building, we are over in hours and yelled at by our bosses. When we don’t use the labor we need, we run ragged and are yelled at by the customer for poor service. There is no middle ground, it has been this way since December of 2008. There are many other things in which the company requires that we simply can not do because of insufficient allowances for staffing. One of these things being monthly safety committee meetings. My job has been threatened because the individual staffing kid check was helping a customer when a child ran out the door. I was told I WOULD have been fired if a customer complaint had been filed, because I was the manager on duty. Without proper staffing, the people not being helped can become very angry when the person at kid check is not ALLOWED to help them. I can be fired for a customer complaint about a child getting out the door, or I can be fired for a customer complaint about not being helped.

There is an individual in which literally every single employee does not want to work with. This person has used insults, not given out breaks, refused to make food for employees when they are on their breaks, becomes frantic over mundane issues, takes credit for other people‘s work, talks and talks about her personal life when it is not wanted, does not get her duties finished and leaves it for other people, and more. These issues have been brought up an extraordinary number of times over the last year and a half. I personally have gone to the general manager a minimum of once a month, I tell the district manager on almost every visit, usually once every other  month if not more, and I have spoken with the HR manager in regards to fellow employee’s complaints. She is ruining the daily lives of approximately 30 people, and the reason I am told she still works for the company is because they have to consider the individual. She is creating a hostile work environment and no one cares about us, only her. We have been complaining about her since April of 2008. At least three complaints, that I know of, to the company’s hotline number, designed solely for employees to be able to call and report harassment, were ignored. Our employees actually banded together, on their own, and confronted the district manager about this person, yet she still works there.

3. I just got done working a ten day work week, and then was called in on my day off for a meeting, making my work week 11 days long. Two other employees, in June, worked nearly 30 days in a row. One day off was given, and on that day they were required to spend it on a company sponsored sight-seeing trip.

4. We, the management, have been told that fraternizing with employees outside of the workplace will get us fired. I do not know if that is legal or not, but there has been some unfair action regarding this policy. A manager and employee we recently seen together outside of work and a complaint was filed. The events that happened afterwards caused the employee to cry. She was belittled, verbally attacked, and accusations were made. She is looking for another job because of this conversation, as is the other manager. The person who made the complaint must have done so for retaliation to the manager and/or employee. I say this because the manger who made the complaint fraternizes with employees herself. As this upset me, one person complaining on another for actions they themselves do, I made a complaint on her. Instead of addressing the complaint with her in a similar fashion as with the employee or other manager, all the management was called in for a meeting in which we were told to, essentially, stop calling the hotline “with petty high school B.S.”. Why was the second complaint considered high school B.S., but not the first?

5. I have been made into a liar many times over with the employees. They present me with problems, I talk to the general manager, we come up with a solution, I promise them the problem will be fixed, and then he simply changes his mind and does nothing. My character has been ruined.

6. The technician of our store called another employee a whore, which he was written up for, but the employee was told she had to remain nice to him, and he to her, but he has not been nice to her and she has reported this but nothing has been done.

*****End Long Version*****

My main concern is with the company dictating who I am friends with and what I do with this friends. Any help is greatly appreciated!

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