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hugostrange22 · Mar 15, 2014, 02:22 PM

A friend of mine has been working in a grocery store for about 10 years (in USA North Carolina if the laws come into effect for my question). Her job is preparing fruit cups and veggies, and she's done that for about 10 years. Her manager has began hiring his old high school buddies each time someone leaves. She was the only remaining person that the boss was not friends with. She said she did a good job and was always on time etc. And the department manager began asking her to relabel old food with new dates if it looked "good still" in order to save money. I myself have had this request asked of me in 3 other jobs, its not that uncommon. They BOTH knew this was against store policy, and went thru with it anyway.

When it was discovered this was happening, she was thrown under the bus so to speak. Without a single write up in her whole life and with no warning at all the Store manager cut her pay by three dollars and moved her to a new store far from her house. She was then told she would be out of work for a week straight, no pay. When she told the store manager what had happened, the store manager told her something along the lines of "you don't do that in my store, you have no right" and the department manager was untouched and was free to hired a friend of his to replace her. The district manager has the same mindset of the store manager, and there was no progress made.

She is a sweet, kind lady, and I'm just trying to figure out based on the laws in this state if she is being treated fairly, considering that she was asked to do these actions based on a superior's orders. This is ruining her life, and she is not meeting bills. And furthermore, I've seen her work. She's fast, organized, and very well mannered. But if a manager tells her to do something different, she thinks that she is being fired, or fears that she'll be wrote up. I've seen her breakdown 3 times in 2 weeks. She is a mess. She mentioned once that maybe legal action would be the way to go, but she is so scared. I doubt she would seek it on her own, so I'm going behind her back to see if she has justification. And if so how she will get it with no funds what so ever.

Thanks for any help you can give.

Fr_Chuck · Mar 15, 2014, 07:55 PM

Yes, while harsh, merely a written warning may have been enough. She could have been fired. If I was a boss, I would have fired her for this, since it is a serious health issue.

She should have merely refused to do that and went on with her life.

You do not follow orders that are illegal. Her boss is not in trouble because she can not prove it. Her answer to the boss would have been, "Yes I will change the dates, just give me that order in writing, or let me record you on video with my cell phone telling me to do this."

This is common the person who breaks the law gets punished.

She has learned a lesson. She can go to HR and ask for an investigation, but most likely everyone in that department will lie.

ScottGem · Mar 16, 2014, 06:46 AM

Originally Posted by hugostrange22

I'm just trying to figure out based on the laws in this state if she is being treated fairly.

The law is not always fair. The question should have been asked is whether she was treated illegally. Doesn't matter that she wasn't treated fairly.

Unfortunately, I don't see anything illegal done to her. She was caught doing something that could have gotten the store in serious trouble. She has no proof that she was doing this under orders. If she had refused and was fired, she fight have some protection under whistle blower laws. But that's not the case.

talaniman · Mar 16, 2014, 07:59 AM

She was set up very effectively, and with purpose. Probably more to this than she will ever know. As a friend though, she needs a better more secure job without a boss with an agenda. Her only legal recourse though starts with a pro bono attorney, or free legal aid.

Consultant may be free, but another job is necessary going down the legal road.

joypulv · Mar 16, 2014, 08:12 AM

There are so many regrets here that I don't know where to start. I regret that she didn't document the orders to change food dates, mainly. Making demands at the time surely would have meant being fired, so I see nothing that could have been done in an openly confrontational way.

I hope that she applies for unemployment (while working)! She does not have to accept the lower pay, and that is a condition for UI. If either of you feels like fighting the good fight, demand back pay including the unpaid week or you will take it to the state labor board AND the health dept, and the federal one too if necessary. Investigation of food purchases and resells should be able to show that too much food was sold for the typical length of time fruit cups etc stay fresh, but it won't be easy, and the state might or might not do it. They might just question other employees.

hugostrange22 · Mar 16, 2014, 12:37 PM

Originally Posted by joypulv

There are so many regrets here that I don't know where to start. I regret that she didn't document the orders to change food dates, mainly. Making demands at the time surely would have meant being fired, so I see nothing that could have been done in an openly confrontational way.

I hope that she applies for unemployment (while working)! She does not have to accept the lower pay, and that is a condition for UI. If either of you feels like fighting the good fight, demand back pay including the unpaid week or you will take it to the state labor board AND the health dept, and the federal one too if necessary. Investigation of food purchases and resells should be able to show that too much food was sold for the typical length of time fruit cups etc stay fresh, but it won't be easy, and the state might or might not do it. They might just question other employees.

She can apply for unemployment? Can you show me that in documentation? This would be a hugeeee help.

Any questioning other employees would be a 'fruitless' endeavor because they are all buddies now.

ScottGem · Mar 16, 2014, 12:43 PM

If she resigned rather than accepting a pay cut she could get unemployment. I'm not so sure she can get it now. She should cantact your state's Dept of Labor.

joypulv · Mar 16, 2014, 01:57 PM

Any unemployment claim other than a stamped 'layoff' form is investigated on a case by case basis. That includes firing as well as quitting. She can go to the UI office in person, or possibly try the state website.

I would think that being told to work for $3/hr less would have an excellent chance of getting approval, whether she takes the new job or not. I think they will actually be sympathetic to her story.
If I were her, I would type it up into a neat half page and give them a copy. Keep the hiring of the sub manager's cronies to one sentence. The key part is about being the scapegoat for the dates on the labels. Include how the store was discovered to be doing it and exactly when, if you can.