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  1. #1
    Blademaster Forebode's Avatar
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    Unhappy Corrupt boss & unemployment

    So just searching for your opinions on this one. Let me start off with this:

    I work graveyard shift at 7-11 in California. (10pm-6am) My boss / owner of the store is my "relief" in the morning. The earliest she has shown up all year is 7am. She does guesswork on overtime. Puts down 2-3 hours on payroll when its really 5+. At first I didn't really so much mind, hey its overtime right?

    Well; in the last 8 months she has "messed up" payroll. Normally I get paid every thursday morning at midnight. When its messed up I dont get paid for another week (shes done it twice in a row) Which not only makes things very difficult, gas money, food, etc. But when I ask can you pay out money from the register and I pay it back from my paycheck or you can take it out of payroll; she throws a fit and doesn't do it.

    This last payroll screw up happened just last week. Nobody got paid, but the suck up employee all of a sudden recieves a $2000 christmas bonus... Ironic?

    I can testify on at least 4 major health code violations, she has the audacity to scold me over a customer spilling coffee right before she walks in the door (1.5 hours late) and scolded me as a child as if it has been there all night and that I'm just simply not doing my job at all. The store is not in an ideal location by any means. I do get all my work done, I don't slack off at all. I do however text occasionally (we do not get a lunch break, not allowed to even sit down without getting reamed as she watches the shift in fast forward as soon as she walks in the door)

    TLR This job is making me physically and mentally ill, feels like the boss just wants me to quit by making work conditions so frustrating. My question to you is, would that qualify for unemployment benefits for a short while till I find a new job even if I were to quit. I.e. Does it fall under the "Your boss makes work conditions so unbearable you don't have any reasonable choice but to quit."

    She throws a fit due to late night sales not competing with day sales. If you don't know how retail works; its simply not possible. But she expects it out of the other graveyard person and I.

    There is no human resources/ labor board / our rights as employees posted anywhere in the store. They were taken down as so we do not get to see them. She schedules herself for 6am-2pm and one other employee to come in at 9am and work along side her for the duration of her shift and a little longer. However as soon as the person shows up at 9 she bounces and is never seen again till the next morning.

  2. #2
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    Listen to what the dark voices in the back of your mind tell you

  3. #3
    Brewmaster smegdawg's Avatar
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    Go work at a Shell?

    If you are that unhappy and she will not compromise with you. don't work for her. You already are working the graveyard shift something many people loathe. So look into other Graveyard shifts.

  4. #4
    get written/photo evidence of the hour violations and talk to your local government representative as to what other actions you can take. illegally changing your hours is not just cheating you out of money, but it's also cheating the government out of payroll tax revenue and unemployment insurance payments.

  5. #5
    Fluffy Kitten Remilia's Avatar
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    You're required by law in California to have a 30 minute break every 5 hours of work by the way.

  6. #6
    Quote Originally Posted by Forebode View Post
    ...Does it fall under the "Your boss makes work conditions so unbearable you don't have any reasonable choice but to quit."
    ...
    For everyone the threshold is different.
    But if you're going to quit, find another job first.

  7. #7
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    Find another job, then leave, dropping her in the shit.

  8. #8
    If she's the franchise owner you're screwed, if someone else is and she's not connected with them, she's screwed, but ultimately you're pissing into the wind here as the truth is she'll likely spin a story & get you fired instead if you complain - time to find another job & realise it's not worth the shit you take for the wage! (I'd also suggest looking into if her "screwups" with overtime reduce your hourly wage to a level under minimum wage law)
    Koodledrum - Balnazzar EU - 85 Priest - Retired.

  9. #9
    High Overlord akro's Avatar
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    Start recording your hours on your own and when they don match up with what your getting go to the proper authorities to get her in trouble.

  10. #10
    She doesn't come off as corrupt in the slightest. Merely as very much unqualified.
    So yeah; can't stand it? Look for another job. You could, of course, call the... Well; whatever quality control agency you've got over there on her, but know it will severely impact the life of her employees. And her own. Seriously; the fact that she's a really bad boss doesn't mean she doesn't try, or doesn't care.

  11. #11
    Deleted
    It's not going to get any better unless you either report her, start gathering evidence, or leave i'm afraid. People like that won't change fast, if at all.

  12. #12
    So she is a bad business owner. How long has she owned this store or how long has it been open? To me sounds like a bad business person in the world of survivor of the fittess her business probably will not last very long.

    As for you, yeah some have already gave two scenerios. 1) Just quit, I know that may not be the best I mean its your lively-hood and it what pays rent and put food on your table. 2) is document all the crap she is doing illegally, like if your state requires minimum breaks or overtime along with health code violations. This will burn the bridge of course but if you want to take her down you can.

  13. #13
    Dreadlord
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    you could start leaving at the end of your shift? lock the door and leave a note on the door saying the next shift worker isnt in yet or just leave the door and lights on and peace out, it might be a little weird when you come in the next day though lol. either way your mission of getting fired will probably be accomplished.
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  14. #14
    Deleted
    Don't you have unions and work environment officials for this sort of stuff?

  15. #15
    Quote Originally Posted by snaxattax View Post
    get written/photo evidence of the hour violations and talk to your local government representative as to what other actions you can take. illegally changing your hours is not just cheating you out of money, but it's also cheating the government out of payroll tax revenue and unemployment insurance payments.
    This. That's some serious legal stuff right there. I'm sure the government will care since she's stealing their revenue.

  16. #16
    As someone else already said, if you're working at least 5 hours you're required to take a 30 minute lunch break by state law. (meaning you have to work 5 1/2 hours minimum) I know it works this way in every state I've lived in - it might be every state. You may also be entitled, by state law, to take 15 minute breaks as well.

    Obviously I think you should be seeking new employment, but that doesn't mean your current employer can get off scott free either. If she's fucking with your hours/payroll, that's completely against the law - document it, try to get video evidence if at all possible.

    I don't know what the law is regarding her not paying you some weeks. I've had some shitty jobs in my life, but I've NEVER had one that didn't pay me on time. As far as her 'expectations' go, who gives a shit any more? I don't know any employee that doesn't expect to get paid on time for the hours they work.

  17. #17
    Quote Originally Posted by Forebode View Post
    So just searching for your opinions on this one. Let me start off with this:

    I work graveyard shift at 7-11 in California. (10pm-6am) My boss / owner of the store is my "relief" in the morning. The earliest she has shown up all year is 7am. She does guesswork on overtime. Puts down 2-3 hours on payroll when its really 5+. At first I didn't really so much mind, hey its overtime right?

    Well; in the last 8 months she has "messed up" payroll. Normally I get paid every thursday morning at midnight. When its messed up I dont get paid for another week (shes done it twice in a row) Which not only makes things very difficult, gas money, food, etc. But when I ask can you pay out money from the register and I pay it back from my paycheck or you can take it out of payroll; she throws a fit and doesn't do it.

    This last payroll screw up happened just last week. Nobody got paid, but the suck up employee all of a sudden recieves a $2000 christmas bonus... Ironic?

    I can testify on at least 4 major health code violations, she has the audacity to scold me over a customer spilling coffee right before she walks in the door (1.5 hours late) and scolded me as a child as if it has been there all night and that I'm just simply not doing my job at all. The store is not in an ideal location by any means. I do get all my work done, I don't slack off at all. I do however text occasionally (we do not get a lunch break, not allowed to even sit down without getting reamed as she watches the shift in fast forward as soon as she walks in the door)

    TLR This job is making me physically and mentally ill, feels like the boss just wants me to quit by making work conditions so frustrating. My question to you is, would that qualify for unemployment benefits for a short while till I find a new job even if I were to quit. I.e. Does it fall under the "Your boss makes work conditions so unbearable you don't have any reasonable choice but to quit."

    She throws a fit due to late night sales not competing with day sales. If you don't know how retail works; its simply not possible. But she expects it out of the other graveyard person and I.

    There is no human resources/ labor board / our rights as employees posted anywhere in the store. They were taken down as so we do not get to see them. She schedules herself for 6am-2pm and one other employee to come in at 9am and work along side her for the duration of her shift and a little longer. However as soon as the person shows up at 9 she bounces and is never seen again till the next morning.
    Oh boy, you could have this boss' ass in a sling.

    First off, she's required by law to display FLSA and OSHA posters.

    "Every employer of employees subject to the Fair Labor Standards Act's minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments so as to permit employees to readily read it. The content of the notice is prescribed by the Wage and Hour Division of the Department of Labor. An approved copy of the minimum wage poster is made available for informational purposes or for employers to use as posters."

    There's similar verbiage for the OSHA one.

    Were I you, I'd print out this handy thing on some nice paper, maybe from a Kinkos or something, and hang it up when she's not there, and if she takes it down she can be in a violation that you can record.

    http://www.dol.gov/whd/regs/complian...rs/minwage.pdf

    She's shorting you on overtime and wages? Then she's also shorting the IRS on her employer portions of unemployment, Social Security, Medicare, and possible local and other taxes. The IRS is not well known for being particularly kind to that sort of thing. You know, if someone told them.

    No breaks? Based on a 2 minute look around, there's two violations of state and Federal laws.

    On breaks:
    California - Paid 10-minute rest period for each 4 hours worked or major fraction thereof; as practicable, in middle of each work period. Not required for employees whose total daily work time is less than 3 and ½ hours.

    On lunch/meal break:
    California
    ½ hour, after 5 hours, except when workday will be completed in 6 hours or less and there is mutual employer/employee consent to waive meal period. On-duty meal period counted as time worked and permitted only when nature of work prevents relief from all duties and there is written agreement between parties. Employee may revoke agreement at any time.
    An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived.
    The Industrial Welfare Commission may adopt working condition orders permitting a meal period to start after 6 hours of work if the commission determines that the order is consistent with the health and welfare of the affected employees.

    Recurring non-timely payment of wages can probably get her too. I'm too lazy to look that up for you.

    Sounds like a shitty shop. I'd just say go get her good.
    They can dynamite Devil Reef, but that will bring no relief, Y'ha-nthlei is deeper than they know.

  18. #18
    Quote Originally Posted by Forebode View Post
    So just searching for your opinions on this one. Let me start off with this:

    I work graveyard shift at 7-11 in California. (10pm-6am) My boss / owner of the store is my "relief" in the morning. The earliest she has shown up all year is 7am. She does guesswork on overtime. Puts down 2-3 hours on payroll when its really 5+. At first I didn't really so much mind, hey its overtime right?

    Well; in the last 8 months she has "messed up" payroll. Normally I get paid every thursday morning at midnight. When its messed up I dont get paid for another week (shes done it twice in a row) Which not only makes things very difficult, gas money, food, etc. But when I ask can you pay out money from the register and I pay it back from my paycheck or you can take it out of payroll; she throws a fit and doesn't do it.

    This last payroll screw up happened just last week. Nobody got paid, but the suck up employee all of a sudden recieves a $2000 christmas bonus... Ironic?

    I can testify on at least 4 major health code violations, she has the audacity to scold me over a customer spilling coffee right before she walks in the door (1.5 hours late) and scolded me as a child as if it has been there all night and that I'm just simply not doing my job at all. The store is not in an ideal location by any means. I do get all my work done, I don't slack off at all. I do however text occasionally (we do not get a lunch break, not allowed to even sit down without getting reamed as she watches the shift in fast forward as soon as she walks in the door)

    TLR This job is making me physically and mentally ill, feels like the boss just wants me to quit by making work conditions so frustrating. My question to you is, would that qualify for unemployment benefits for a short while till I find a new job even if I were to quit. I.e. Does it fall under the "Your boss makes work conditions so unbearable you don't have any reasonable choice but to quit."

    She throws a fit due to late night sales not competing with day sales. If you don't know how retail works; its simply not possible. But she expects it out of the other graveyard person and I.

    There is no human resources/ labor board / our rights as employees posted anywhere in the store. They were taken down as so we do not get to see them. She schedules herself for 6am-2pm and one other employee to come in at 9am and work along side her for the duration of her shift and a little longer. However as soon as the person shows up at 9 she bounces and is never seen again till the next morning.

    Go find a lawyer. You don't always have to pay for one. Universities with a law program could help for little to no cost.

  19. #19
    Is your store a chain store? If so, get evidence for what she's doing and take it to the higher ups in the company? I feel like you could have it settled out of court and get everything you deserve out of it without having to go through the trouble of a lawsuit.

  20. #20
    Warchief Mukki's Avatar
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    Quote Originally Posted by Forebode View Post
    So just searching for your opinions on this one. Let me start off with this:

    I work graveyard shift at 7-11 in California. (10pm-6am) My boss / owner of the store is my "relief" in the morning. The earliest she has shown up all year is 7am. She does guesswork on overtime. Puts down 2-3 hours on payroll when its really 5+. At first I didn't really so much mind, hey its overtime right?

    Well; in the last 8 months she has "messed up" payroll. Normally I get paid every thursday morning at midnight. When its messed up I dont get paid for another week (shes done it twice in a row) Which not only makes things very difficult, gas money, food, etc. But when I ask can you pay out money from the register and I pay it back from my paycheck or you can take it out of payroll; she throws a fit and doesn't do it.

    This last payroll screw up happened just last week. Nobody got paid, but the suck up employee all of a sudden recieves a $2000 christmas bonus... Ironic?

    I can testify on at least 4 major health code violations, she has the audacity to scold me over a customer spilling coffee right before she walks in the door (1.5 hours late) and scolded me as a child as if it has been there all night and that I'm just simply not doing my job at all. The store is not in an ideal location by any means. I do get all my work done, I don't slack off at all. I do however text occasionally (we do not get a lunch break, not allowed to even sit down without getting reamed as she watches the shift in fast forward as soon as she walks in the door)

    TLR This job is making me physically and mentally ill, feels like the boss just wants me to quit by making work conditions so frustrating. My question to you is, would that qualify for unemployment benefits for a short while till I find a new job even if I were to quit. I.e. Does it fall under the "Your boss makes work conditions so unbearable you don't have any reasonable choice but to quit."

    She throws a fit due to late night sales not competing with day sales. If you don't know how retail works; its simply not possible. But she expects it out of the other graveyard person and I.

    There is no human resources/ labor board / our rights as employees posted anywhere in the store. They were taken down as so we do not get to see them. She schedules herself for 6am-2pm and one other employee to come in at 9am and work along side her for the duration of her shift and a little longer. However as soon as the person shows up at 9 she bounces and is never seen again till the next morning.
    Dude, you live in California, why are you not suing her? You don't need HR, a labor board or any of that nonsense, take her ass to court! Plenty of attorneys would LOVE to take a slam dunk case like this for a portion of the settlement you WILL receive.

    Immediately from reading this, I see two California labor law violations: Not paying you for time worked, and refusal to grant you MANDATORY (in other words it's illegal for her to tell you you can't take them) breaks/meal breaks. For every six hours, you're entitled to a thirty minute meal break as well as 10/15 minute breaks every two hours (for every four worked). If you're a non-exempt hourly employee, which I'm sure you are, you're entitled to a pretty hefty amount of compensation.

    Some reading material for you:
    http://www.leginfo.ca.gov/.html/lab_..._contents.html

    Also, start logging your hours so you can see how much she's stiffing you. Don't just roll over and accept defeat, otherwise you don't deserve to have better working conditions/get paid accurately. DO SOMETHING ABOUT IT!
    Last edited by Mukki; 2012-12-27 at 10:55 PM.

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