Employer setting paper trail to fire my friend

[Marshall]

My friends employer has stated in the past that once she starts the paperwork on you, kiss your ass goodbye. Supposedly she has not lost an unemployment claim in several years

A couple days ago, a client made a complaint against my friend. It started when she called the patient to confirm an appointment time and the client had a card with one appointment time, and the appointment was in the computer a couple hours earlier. Appts are 2-3 months behind, so there was no alternative appt time. My friend did not make the appt and had nothing to do with the mixup.

The client came in the next day for her appt, and made a complaint about my friend. Said she was rude, would not change the appt time, and yelled at people in the waiting room.

The employer had another employee take my friends purse into her office w/o her knowing, then called her into the office. She was given a written warning, then suspended for the rest of the week, and ESCORTED to the back door. She was not allowed to give her side of the story

The whole escorting thing was completely uncalled for

Clearly the client was upset about the appt time but nothing my friend could do. It was really a take it or leave it situation for the client.

As far as yelling at the clients in the waiting room, she makes announcements. If you are waiting for XXX, please go through the door, etc. Or if she has several people signing in, she asks them to have their information ready


The employer noted 2 previous verbal warnings. My friend has been warned in the past about client complaints but called BULLSHIT on them and asked the employer to investigate. Sure enough the employer later admitted it was not her and apologized.



Obviously she is looking for a new job but needs to keep this one till something comes up. Also she wants to lay the paperwork trail so if she does get fired, she can get unemployment




I think she should respond in writing with her answer to the warning disputing the allegations, and notifying the employer she did no investigation (never asked fellow employees, other clients etc) and took the word of a disgruntled patient. I think she should also point out that the verbal warnings were retracted




One other thing, the employer likes to fool around with payroll. Employees clock in with a badge and times are recorded digitally. She is known for changing those times to get out of paying overtime. I thought she should call the department of labor and file a complaint. If my friend did get fired, it could be looked as retaliation for calling the DOL



Sorry for being long winded


Any ideas or advice?

 

[erbium]

Tell her to mail it certified so they have to sign for it so she will have a record of it. Of course, make a copy of it. It would be even better if she had it notarized and then sent certified mail.

 

[ibjamming]

If you ask me...IF I'm paying you...I "own" you. Don't like it? Find another job. EVERYTHING get's done EXACTLY as I say. After all, I am the one with the money. If I don't like your haircut...I should be able to fire you. If I don't like the way you dress, the way your sound "nasal", your eye color, anything...I should be able to fire you. You don't have a "right" to work. You also don't have a "right" to sit on your ass and do nothing.

IF you want to "be your own boss"...you have to BE your own boss. Don't want to get fired for "being yourself"...make your own business. Then YOU can pick who will and won't work for you.

Hot tip though...good, loyal workers, usually DO have a few "issues" that will piss you off. You can't be an ogre and have a successful business... But that doesn't take away the owners RIGHT to hire/fire whom HE wishes.

But that's why I'm retired now...early...because I don't play that game.

Not saying there's anything wrong with your friend or what they did...in many states, it's the employer who calls the shots and you can be let go without "just cause". And I agree with that. Trust me...when YOU have busted your ass growing a business from nothing but YOUR hard work...the LAST thing you want is for the government to be telling you you HAVE to hire this person or that...or risk being sued.

Not what you wanted to hear?

As for the time clock...if you can prove it...sue her! She shouldn't be cheating you.

 

[KharmaGirl]

You'd fit in where my sister lives.....China...

 

[DεvíLδck]

Hot tip loyal workers are usually the first to get fucked.

 

[ddrew]

There's nothing she can do really.
I worked restaurant management for a long time, in that industry we get a lot of turn over.
All the employer would have to do is fake a couple written warnings and toss them in her file, and her claim for wrongful dismissal, and unemployment benefits will be denied.

Most people at employed "at will" these days, which means either party can quit/fire the other without reason.
It's usually in the app you filled out and signed.
Comes down to whether you have an honest employer or not, if not, there's not much you can do as the employers word/paperwork usually outweighs the employees.
It's like going to court and giving your side of a story, and then having the cop give his, judge almost always believes the cop, same with an employer

 

[SuperSizeMe]

Your 'friend' just got fired, which sux initially, but sounds like a god-send in the long run.

 

[HighDesertJoe]

Boy that sucks but it happens everyday. After your friends suspension and she goes back to work have here memorialize everything in writing. Might help she may need it. Good Luck to her

 

[litebuzz]

not sure what Maine is like...but in NH, if you clock in...someone can not just adjust your timecard...if they change it, the employee has to sign it. Your friend just needs to keep a journal about everything. The last thing an employer wants is to be called in to the Labor board....so your friend just needs to cover her ass and if she's on the up & up then she wont have a problem. NH can fire someone for any reason...but the employer usually end up paying for the unemployment if there's not a really good reason...like stealing or no shows.

 

[rick shaw]

Things aren't as bad as they seem. Have your friend document everything. The ax is going to fall and if your employer wants to continue being a jerk they will probably they to deny unemployment benefits,if things are documented she should win on appeal.

 

[PoopyTeaBags]

unemployment is a joke and most the time if an employer fights it they win... Miss B won three out of 4 hearing on her unemployment... they paid her for 6 months... the last one she lost and couldnt get a new hearing... they send us bills for 5500 every month to pay back the unemployment... lol


what a crock of shit....

 

[Haps]

When they terminate her, they may ask her to sign a document, tell her not to sign any documents without checking with her lawyer [just say it that way]. They may tell her she will not get her last pay if she does not sign, that is fine, do not sign. No matter what they say it is, that document is signing your rights away. I been fired ten times.

 

[vonforne]

If you ask me...IF I'm paying you...I "own" you. Don't like it? Find another job. EVERYTHING get's done EXACTLY as I say. After all, I am the one with the money. If I don't like your haircut...I should be able to fire you. If I don't like the way you dress, the way your sound "nasal", your eye color, anything...I should be able to fire you. You don't have a "right" to work. You also don't have a "right" to sit on your ass and do nothing.

IF you want to "be your own boss"...you have to BE your own boss. Don't want to get fired for "being yourself"...make your own business. Then YOU can pick who will and won't work for you.

Hot tip though...good, loyal workers, usually DO have a few "issues" that will piss you off. You can't be an ogre and have a successful business... But that doesn't take away the owners RIGHT to hire/fire whom HE wishes.

But that's why I'm retired now...early...because I don't play that game.

Not saying there's anything wrong with your friend or what they did...in many states, it's the employer who calls the shots and you can be let go without "just cause". And I agree with that. Trust me...when YOU have busted your ass growing a business from nothing but YOUR hard work...the LAST thing you want is for the government to be telling you you HAVE to hire this person or that...or risk being sued.

Not what you wanted to hear?

As for the time clock...if you can prove it...sue her! She shouldn't be cheating you.

I know you have never owned a business nor been in charge of any type of organized business.

And do not bother to give me some line of shit either young man. I know better.

V

 

[Stress_test]

It's actually easier for your friend to generate a legitimate paper trail than it usually is for an employer.
99% of the time other employees know when another is getting screwed over, document it.

1. Get a cheap digi-cam w/ time/date stamp and start taking pics when she clocks in and out of work.
2. Have another employee sign, w/ dates and times of clocking in and out.
3. An employer has no right to search, seize or mess with personal belongings. Document it.
4. ALL money is marked and traceable; give your friend a $100 bill after you write a note on it, "accidentally" drop it in the bosses office, her boss will find it and likely just pocket it. When the bill turns up missing then make a complaint. When the bill is found in the employers possession your friend can legally quit and still qualify for unemployment.

 

[HUGE]

Why do employers fight to stop someone from receiving unemployment? I thought it came from a state pOol not frm their pocket. So why the fight?

 

[kmk420kali]

Why do employers fight to stop someone from receiving unemployment? I thought it came from a state pOol not frm their pocket. So why the fight?

The Employer also puts $$ into your unemployment...if they don't collect, the employer gets what they put in, back--

 

[ibjamming]

I know you have never owned a business nor been in charge of any type of organized business.

And do not bother to give me some line of shit either young man. I know better.

V

Have I claimed to? I wouldn't be bothered...spoken to enough small business owners to know better. Good help is HARD to find. We're also not talking about professionals here...different animal. I'm talking about jobs anyone can do...typical service, receptionist... Nah...want something done right...do it yourself. I don't employ anyone and I don't work for anyone. It's better that way. Most Americans, westerners, think REAL work is beneath them. Most give the minimum. Because they don't give a shit about anything but themselves. "It's just a fucking job" is how most...kids especially...feel about their work. There's no pride in the job we do. Sure...a few...very few do...but not most. They get by without getting fired. You think I'm an idiot and don't know? People are here bitching about their employer, bragging about getting something over on "the man"... I'm NOT stupid...that's why owning my own business is the LAST thing I want! Then I have to deal with greedy little fucks...AND my employees too! No thanks.

But if you want to get rich...your own business...legal or illegal...is the only way you're going to do it. Barring some HUGE talent you may have that rockets you to stardom.

 

[Marshall]

The Employer also puts $$ into your unemployment...if they don't collect, the employer gets what they put in, back--

In Florida that is not the case. You pay an unemployment tax. For a handful of employees I paid a couple hundred dollars I think. If I had unemployment claims, my tax rate would have gone up. Unlike ibjamming, I did own my own business for 10+ years. I disputed a few claims where the employee stole company information, wrecked a car and tried to hide it, etc. if I fired them cause it was slow, etc I didnt fight it


ibjamming, you have no clue and sound like a dick. For $10/hr you think you own the employee?


The employer counts on the employee to come to work everyday. The employee counts on the employer to have a job to come to everyday. Its a shame for the employer to just decide one day they have a bug up their ass and fire someone.

BTW my friend has only been there 2-3 months and has been praised by the same boss a few times and was told she wasnt going anywhere. She was also given a raise after a few weeks. Then this. I think the boss needs some meds

 

[ibjamming]

ibjamming, you have no clue and sound like a dick. For $10/hr you think you own the employee?

I do have a clue...and yes, I'm a Dick...and if you want a job...if you take my money...you'll do it MY way. But since most people WON'T do as they're told...I don't own nor have I ever owned a legitimate "business". Nah...you can keep the average employee...I don't want them.

As it states in my sig...it's my opinion...it's worth as much as you give it. The boss wants her gone...it's going to happen...it's the boss' right to hire and fire anyone for ANY reason...I listed EXTREMES...to make a point...I was hoping you'd be able to see that and not take it so literally.

 

[Stress_test]

The Employer also puts $$ into your unemployment...if they don't collect, the employer gets what they put in, back--

I have worked in over a dozen different states and owned businesses in 4 states; unemployment insurance is pretty much the same in all of the except Utah which is a "Right to work" state.
Unemployment insurance is deducted from you wages each pay period and the employer matches the $ you pay. Which is the reason the friends boss manipulates overtime: (time and a half) which is your wages times 1.5 . If you draw unemployment; the employer has to pay an additional 50% of the amount you draw. Your W2 form will show how much your employer is withholding AND paying in UI, and is deductible each year using form 1099G.

Have I claimed to? I wouldn't be bothered...spoken to enough small business owners to know better. Good help is HARD to find. We're also not talking about professionals here...different animal. I'm talking about jobs anyone can do...typical service, receptionist... Nah...want something done right...do it yourself. I don't employ anyone and I don't work for anyone. It's better that way. Most Americans, westerners, think REAL work is beneath them. Most give the minimum. Because they don't give a shit about anything but themselves. "It's just a fucking job" is how most...kids especially...feel about their work. There's no pride in the job we do. Sure...a few...very few do...but not most. They get by without getting fired. You think I'm an idiot and don't know? People are here bitching about their employer, bragging about getting something over on "the man"... I'm NOT stupid...that's why owning my own business is the LAST thing I want! Then I have to deal with greedy little fucks...AND my employees too! No thanks.

But if you want to get rich...your own business...legal or illegal...is the only way you're going to do it. Barring some HUGE talent you may have that rockets you to stardom.

Good employees are indeed hard to find...
When I find one I pay them a fair and competitive wage as do most employers. It is actually more difficult to fire an employee legitimately than many people might believe. If fired for an insufficient reason then the employer has to pay UI which is usually around 50% of the employees original wage. For instance the USA has laws that prevent an employee from being fired because of medical, military, jury duty or maternity and a few other reasons. So if the reason is found to be insufficient then the employer has to pay wages for an employee who no longer works for them AND the wages for the employee who replaces them.
However if the employer is mistreating employees such as sexual harassment, refusal to work overtime, verbal harrassment or physical abuse then the employee receives their UI and usually has cause for legal recourse.

I do have a clue...and yes, I'm a Dick...and if you want a job...if you take my money...you'll do it MY way. But since most people WON'T do as they're told...I don't own nor have I ever owned a legitimate "business". Nah...you can keep the average employee...I don't want them.

As it states in my sig...it's my opinion...it's worth as much as you give it. The boss wants her gone...it's going to happen...it's the boss' right to hire and fire anyone for ANY reason...I listed EXTREMES...to make a point...I was hoping you'd be able to see that and not take it so literally.

Actually the employer can't just fire an employee for ANY reason. Well not without it costing them severely...
You have to have held down a job, hired a few employees and understand a few things before you can really see the whole picture. If you want to open a business and hire employees then you have to get the appropriate permits, pay the fees and register with all the appropriate government agencies, like SSI, UI, L&II (labor and industries ins. or WCI (workman's compensation ins.). Just about all of them are combined into 1 database call a UBI or Unified Business Identifier. The UBI is how the gov. always knows when a business is cheating, like not paying their share of UI or SSI for employees. A UBI usually requires a bond or a fee that is set aside to be used in the event that the government ever investigates a business for harassment, fraud or other civil/criminal accusations, or even operating a monopoly or unfair business practices. If an investigation is ever done and it is determined that the employer is at fault then they are usually fined and the amount of the UBI bond increases.
Some states have different names for the various agencies but they all pretty much operate the same.

Now the $100 bill I mentioned in a previous post is an amount sufficient to be petty-larceny in most states, less would be petty-theft. The employer is legally OBLIGATED to conduct an investigation into a theft that amounts to a crime so LEO would likely be involved and a report would be filed.
An employer who is accused of stealing from their employees would create tons of attention, questions, and red-tape for the employer. An employer who is changing time cards and screwing with employees wages would be exposed pretty quickly.