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    Finlandbob's Avatar
    Finlandbob Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 27, 2010, 03:02 AM
    Do I have a lawsuit
    We live in a very small Minnesota community. The Cooperative manager was replaced 11 years ago. Upon hire, he replaced all but one clerk under the rumor they were seeking union representation.
    My wife, brand new to the community, was hired as one of the replacements not knowing the reason previous employees were dismissed... (more like harassed until they quit.)
    Right away the manager insisted that not all hours be marked down. Prep time for opening the store, usually about 20 to 30 minutes daily, was not considered employed hours.
    Additionally, the employees were forced to illegally and clip coupons from newspapers and publications the store manager brought in. When she complained she was told that she had to do so and that her pay check depended on the practice. We know he received multiple warnings for doing so.
    Like a said... a very small and remote Northern Minnesota community. My wife is able walk the 7/10th of a mile to work. To lose the job would force her to seek employment in the next community. This threat alone, having to negotiate harsh winter driving conditions, resulted in a moral conundrum she has been battling all these years. She frail, 56 years old and cannot drive winter roads.
    There are many, many assinine actions this man has done over these years that can be brought to light that would probably be dismissed a character traits... including delighting in inciting tears from female employees. I have first hand knowledge of other "slight of hand" practices employed by this man. Proof is hard to come by.
    Does she (and the others) have a lawsuit?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 27, 2010, 05:16 AM

    You appear to be asking for legal advice, not questioning ethics, and I have asked that your question be moved to the appropriate thread.

    I se no discrimination here - and that is your only recourse for a lawsuit. Am I correct that your wife has worked at this place for 11 years?

    Making people cry and making the lives of employees miserable is not illegal. If there is a wage/hour problem (working and not being paid) your wife can always report that WITH PROOF to your State office which handles such matters.

    It sounds like the manager is a self-centered bully but that in itself is, unfortunately, not illegal.

    If your wife does report what she believes is illegal practices I would expect her to be terminated and that is a choice she will have to make.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 27, 2010, 05:47 AM

    I also don't see any grounds for a suit. Maybe if all the employees got together and sued that might fly.

    Federal law REQUIRES that an employee get paid for all the time they work and that includes setup. But that's not grounds for a suit yet. What would have to happen is for the practice to be reported to the state dept of Labor for an investigation. The investigation would determine if there was wrong doing in which case they can then sue for lost wages.

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