So I just got fired.

[bainsidhe]

Do these people own multiple locations? If they have enough employees, your former coworker may be protected by FMLA as well. Once again, check with the labor board.

[BlaqueKatt]

Not according to the net.

i seriously think you have a good case against them for not only stealing wages (illegal time-card editing)

Ah but(in the US, I do believe other countries have versions under different names) this is against a lovely little federal law called Sarbanes–Oxley or SOX for short. It mostly deals with financials of companies, however it has been interpreted to apply to payroll records as they are classified as financial documents.

[Kristev]

I am very sorry you got fired. My guess is it was either nepotism or the Wal-Mart trick of firing someone to hire someone else at the minimum wage.

[Moirae]

Do these people own multiple locations? If they have enough employees, your former coworker may be protected by FMLA as well. Once again, check with the labor board.

Yes, they own three hotels.

My husband has worked for these people before. He warned me when he saw the job advertised when I first applied. I should have listened.

[PepperElf]

Ah but(in the US, I do believe other countries have versions under different names) this is against a lovely little federal law called Sarbanes–Oxley or SOX for short. It mostly deals with financials of companies, however it has been interpreted to apply to payroll records as they are classified as financial documents.

meaning... they can illegally alter time cards?

i mean financial document or not, it is something that could get them in trouble, as i've seen it happen to others here who've actually gotten back pay owed for such. not to mention the laws against slavery etc.

[Moirae]

They have been investigated by the labor board three times in the last six months for altering time cards. So no, they can't. As well, they didn't do it to me, they did it to housekeeping and the cafe girls.

The problem is that I'm no longer working there, so my complaint about time cards will likely be dismissed.

The thing is, its not just the time card thing thats a problem. The owners daughter is making everyones lives miserable. Last week she gave the gsm a heart attack with a nasty email she sent to him and now he's in the hospital. Then she posted his job on craigs list.

[Jester]

In my opinion, this should probably be your course of action:

1. Immediately file for unemployment.

2. Immediately get your resume and those letters of recommendation together, and find another (hopefully better) job.

3. Once you have secured the job and/or the unemployment for the time you are out of work, then you can look into seeing if you have a case against these people.

Not according to the net. Seems that, if it isn't against the constitution in some way (prejudice due to race, color, pregnancy, etc), there is no way I can level a hostile work environment claim against them.

I really really hate this work at will stuff.

While they can fire you for almost any reason, illegal business practices are still illegal business practices. It's unlikely any action by you in conjunction with the labor board would get your job back (and honestly, once you get a new one, why WOULD you want to work for these douchebags?), but you may be entitled to damages, as may other employees and former employees.

Several friends of mine down here are involved in a class action lawsuit against a particular bar that was doing shady and illegal things with wages and such. From all accounts, it does not look good for the bar.

[Moirae]

Thanks Jester.

Truth is, I don't want the job back. But I do want to make them pay. Sounds childish I know, but I can't help it. I want to make them pay.

They have totally and utterly screwed us horribly bad. And I'm willing to bet I'll get $80, maybe $100 a week from unemployment.

I know I shouldn't be embarrassed. I know I've paid into it and I'm happy to do so (I have no problem with paying in to things like health care and unemployment, even if its being used by others and not me). But even in Canada (where I was born, I've only been in the US since 2008), I have never ever claimed for unemployment. Its humiliating, and embarrassing (I know how irrational that is). But I need to pay my bills somehow, even if this state gives you a tiny pittance to live on for unemployment.

I've been working since I was 12 years old and I'm 36 now. I've only ever really been out of work once in that time and that was due to a horrible car accident that left me having to relearn to walk. I feel like I've been gut punched. I went from making about $1700 a month to a tiny fraction of that. I am so scared.

I wonder if I can make any money working on things from places like Elance and Odesk. Just something that will be more than what unemployment will give me.

[Laund-o-rama Mama]

Enlist the help of other people she has mistreated, if you can. Often, many voices won't be ignored while only one would.
Save everything! All emails, document anything you can remember, if you can. Do you still have a friend there? Maybe (s)he can help you discreetly access some of your stuff.

And good luck. This totally sucks and I am sorry. If it makes you feel any better, our family seriously hit the skids for the very first time back in 2010. We had to not only get unemployment, but cash assistance and food stamps. Initially I felt ashamed, but I got over it *very* quickly. It is not a crime to want a minimum level of subsistence so you are not worrying yourself sick over feeding yourselves, and just remember: those who would judge you are just lucky and privileged to never have needed it. They judge out of ignorance. At least that what I told myself to keep myself from throttling them.

[Moirae]

I wish I had access to those emails and to the phone numbers of the people she treated so badly, but I don't. I didn't save them and I should have.

Thanks so much laundorama mama.

I think I'm still in a bit of shock. They say anger is one of the stages of grieving, and right now I am so angry. Hurt too. My husband keeps insisting that I just not think about it for a few days.

I'm so burned, I feel like I need at least a couple weeks. I'm in no condition to go back to work right now.

What I would like to find is an online job. A place where I don't have to deal with co-workers, or even directly with the public. I applied for a job with zynga earlier today that would be perfect. It likely won't be much money but it would be as a moderator on their forums, and it would be full time. I wouldn't have to talk to people in any way other than via the forums. I love being online. I could do that job easily (I know some of what I've said on here hasn't seemed like it, but that's because its not my job. I'm actually very good with customers, solving problems, and computers).

Something like that would be ideal. I need out of the rat race for a while. Something where I could work without the insanity. I have always liked to work, just not recently with the insanity that's been going on. After I woke up from my car accident, my first words you "You mean I can't work?".

I'm just so tired of being abused by my employers.

Anyway, thank you everyone for listening. It's much appreciated.

[Laund-o-rama Mama]

You've actually gotten me interested in online jobs myself. Something like data entry. Of course, one has to watch out for scams. :/

Another thing that really helped me during those dark times was accepting help, not just from the state, but from family and friends. This came out after the fact but it really helped me try to accept the spirit of giving without feeling shame or like a giant failure. The Sandwich Means I Love You.
The letter is more about depression and the needs that come with it, but it can apply to anyone in a dire situation of need.

[Pixilated]

Do check with your labor board anyway - worst thing that could happen would be that they agree.
*snip*

Agreed. And you may be pleasantly surprised ...

In my opinion, this should probably be your course of action:

1. Immediately file for unemployment.

2. Immediately get your resume and those letters of recommendation together, and find another (hopefully better) job.

3. Once you have secured the job and/or the unemployment for the time you are out of work, then you can look into seeing if you have a case against these people.

While they can fire you for almost any reason, illegal business practices are still illegal business practices. It's unlikely any action by you in conjunction with the labor board would get your job back (and honestly, once you get a new one, why WOULD you want to work for these douchebags?), but you may be entitled to damages, as may other employees and former employees.

*snip*

This is an excellent timeline. One thing at a time ... get your current situation improved first, then go after these guys.

Jester's right about firing for almost any reason -- a labour lawyer once told me that you could be fired for absolutely any reason, including colour of socks. The thing that could trip up an employer in the end would be: was it a justifiable (i.e. legal) firing?

Also, it's admirable that you've never before applied for unemployment, but try not to beat yourself up over it now. You've no reason to be humiliated: you've paid into the system for years, and now you need the system's help until you get back on your feet. If it helps any, I came very close to applying for emergency welfare recently -- quite honestly, the only thing that stopped me is that I couldn't apply until I was formally rejected by unemployment, and they took a looonngg time over my application because they were digging into my last employer over some possible discrepancy on their part. By the time I did get my rejection letter, I had a parttime job and was hoping to get my student loan soon ...

Good luck!

[XCashier]

I know I shouldn't be embarrassed. I know I've paid into it and I'm happy to do so (I have no problem with paying in to things like health care and unemployment, even if its being used by others and not me). But even in Canada (where I was born, I've only been in the US since 2008), I have never ever claimed for unemployment. Its humiliating, and embarrassing (I know how irrational that is).

Many people lately have been in your shoes due to the recession. No telling how many thousands of people lost their jobs and had to file for unemployment or a lower income job. It's just the way things are now.

There is no shame in getting help when you need it. Laund-o-rama Mama said it better than I can:

It is not a crime to want a minimum level of subsistence so you are not worrying yourself sick over feeding yourselves, and just remember: those who would judge you are just lucky and privileged to never have needed it.

I wish you the very best of luck.

[Kristev]

You have to remember, Moirae, the economy has pretty much collapsed. Going on unemployment isn't a source of shame. It's happening to almost everyone. Also realize that mismanagers and owners have been using the financial ruin to get away with treating workers even worse than they could dare in decades.

[Moirae]

I wish I could start a class action law suit against all these abusive employers. Or find a way to get more protection from federal law for the workers. But I'm willing to bet that would go nowhere fast so its pointless.

Its strange. I can handle abusive customers so long as they don't get physical. Customers will always be abusive, and the general population seems to be mentally slow. But abusive employers... that's something else altogether.