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ijii
Mar 17, 2007
I'M APPARENTLY GAY AND MY POSTING SUCKS.
No.

I have three types of vacation pay.

1. Personal holiday - 4 days a year of my choosing.
2. Vacation week - 3 weeks a year of my choosing.
3. Vacation day - 15 days a year of my choosing, however vacation days come from the same pool as my vacation weeks. For example if I spread out 5 vacation days in month, I'd only have 2 weeks of vacation left for the year.

If I use #1 or #3 in any week, then I still have to work 4 more days because I'm full time, then that'll give me three days off for the week. My vacation week is different, I get paid 40 hours (full time, part timers get paid whatever their weekly average from previous year). That's it. If I want to work during my vacation week, that's fine. Any amount I work is just extra pay, not overtime. If the company forces me to work without my consent, then they have to give me 40 hours and reschedule my vacation week for another time.

Hopefully your secretary/company take care of your problem they created without screwing up further, like I've seen in the past.

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Buggiezor
Jun 6, 2011

For I am a cat, you see.
I'm stopping by to ask for some advice.
My brother works at a Pawn shop. He's had the job for just over a month and has done great and his boss loves him. Today he calls me frantic saying that he was showing a woman some rings and she stole one. The shop paid $60 for the ring but they were selling it for $700. Now his boss wants him to pay back the full $700.

She says he can pay over time, it doesn't have to be all at once, but if he doesn't eventually pay back the full $700 she's going to fire him. I just keep thinking even if my brother pays just $120, that's getting back double what they paid for it. I can't believe the boss wants him to pay the full amount. He can't really afford to pay her much at a time, but he DEFINITELY can't afford to be fired.

So do you goons think this is a reasonable request from the boss? Should my bro bite the bullet and pay her back? or go ahead and find a new job?

Cowslips Warren
Oct 29, 2005

What use had they for tricks and cunning, living in the enemy's warren and paying his price?

Grimey Drawer
So to all the goons who have escaped, what do you say when you want to quit your job, but still be open to be rehired later? At an old job I was honest and said I had found a better paying one, and the manager marked me down as NonRehirable. The fact she was later fired for stealing doesn't hold any water in case I ever needed a spare paycheck.


Buggie, that sounds as illegal as gently caress. Maybe post in the Legal megathread?

Xandu
Feb 19, 2006


It's hard to be humble when you're as great as I am.
Isn't the general rule that it's illegal to deduct an employees salary for theft if it would take them below minimum wage?

Azuth0667
Sep 20, 2011

By the word of Zoroaster, no business decision is poor when it involves Ahura Mazda.

Cowslips Warren posted:

So to all the goons who have escaped, what do you say when you want to quit your job, but still be open to be rehired later? At an old job I was honest and said I had found a better paying one, and the manager marked me down as NonRehirable. The fact she was later fired for stealing doesn't hold any water in case I ever needed a spare paycheck.


Buggie, that sounds as illegal as gently caress. Maybe post in the Legal megathread?

Usually I tell them I enjoyed working with them and wish them the best in their future endeavors. If they don't ask why don't tell them; the less you tell them the less they can use against you and its a bridge you didn't burn.

Curiosity
Sep 12, 2012


Legally I think it depends on where you're from. The legal goons will know more but if you're in California they apparently cannot deduct wages for mistakes or even negligence. It's considered to be the cost of doing business.

Unfortunately your profile says you're from North Carolina, which has a section here that says the following:

North Carolina General Statutes posted:

(c) In addition to complying with the requirements in subsections (a) and (b) of this section, an employer may withhold or divert a portion of an employee's wages for cash shortages, inventory shortages, or loss or damage to an employer's property after giving the employee written notice of the amount to be deducted seven days prior to the payday on which the deduction is to be made, except that when a separation occurs the seven-day notice is not required.

However Xandu's also right - the laws in the US don't allow employers to make any deductions which would reduce the employee's wage below minimum.

Regardless of the legal situation, the employer can of course fire him for costing them money. So he may feel like he can't use the laws to protect him without losing his job.

Unless this job is uncommon with better hours/pay/benefits than he could get elsewhere, I would be inclined to encourage him to get another job. What if his boss blames something else on him in the near future?

Edit: Regarding paying less than the $700, the employer is considering the loss of retail value/loss of future revenue. If his boss is just trying to teach him a lesson he might be able to negotiate but if she personally owns the business she may not want to just give up on that profit if she feels she can get it.

Curiosity fucked around with this message at 18:40 on Mar 15, 2014

Fil5000
Jun 23, 2003

HOLD ON GUYS I'M POSTING ABOUT INTERNET ROBOTS
The cynic in me would also like to suggest that the owner having someone they know pull that scam on your friend is a good way to basically push their wages down to minimum for a while while they repay that $700. I'd like to add "that's probably not the case though", but I've seen enough horror stories in here to think it's at least possible.

Devor
Nov 30, 2004
Lurking more.

Buggiezor posted:

I'm stopping by to ask for some advice.
My brother works at a Pawn shop. He's had the job for just over a month and has done great and his boss loves him. Today he calls me frantic saying that he was showing a woman some rings and she stole one. The shop paid $60 for the ring but they were selling it for $700. Now his boss wants him to pay back the full $700.

She says he can pay over time, it doesn't have to be all at once, but if he doesn't eventually pay back the full $700 she's going to fire him. I just keep thinking even if my brother pays just $120, that's getting back double what they paid for it. I can't believe the boss wants him to pay the full amount. He can't really afford to pay her much at a time, but he DEFINITELY can't afford to be fired.

So do you goons think this is a reasonable request from the boss? Should my bro bite the bullet and pay her back? or go ahead and find a new job?

A job that is forcing a low paid employee to reimburse $700 asking price on a ring that was purchased for $60 is scummy as gently caress, and I would start looking for new employment immediately. In the meantime, the employer cannot deduct the wages unless the employee has signed something giving the employer to permit the deduction. The employer can't just say "hey I'm taking some money out of your paycheck". That section quoted by Curiosity points out that sections (a) and (b) still must be followed.

quote:

Under (a) 3) When the amount of the proposed deduction is not known and agreed upon in advance, the employer must have written authorization from the employee which (i) is signed on or before the payday(s) for the pay period(s) from which the deduction is to be made; and (ii) indicates the reason for the deduction. Prior to any deductions being made under this section, the employee must (i) receive advance written notice of the actual amount to be deducted; (ii) receive written notice of their right to withdraw the authorization; and (iii) be given a reasonable opportunity to withdraw the authorization in writing.

So there must be a signed agreement to reimburse for thefts. The boss has to give written notice "I am deducting $700 from your paycheck, you have the right to withdraw your authorization for this deduction". And then your friend can submit in writing "I withdraw my authorization" which at that point the boss will either admit he's being a scummy gently caress and stop chasing that money, or just fire your friend.

Section (b) is the whole "can't reduce below minimum wage rate" section.

I'm not a lawyer, this isn't legal advice, consult an attorney, etc

martyrdumb
Nov 24, 2009

pants are overrated

Buggiezor posted:

My brother works at a Pawn shop.
This is not normal. I wouldn't be surprised if this was a revolving door of a job, due to this one policy. Even if he had noticed the theft was happening, a normal employer does not want their low-paid entry-level employees risking their lives to stop a thief. Besides, nobody anywhere can possibly be expected to notice every theft in progress. That's insane.

He needs to nut up and say it's not his fault that a theft occurred inside the store. He needs to tell her that if she tries to dock his pay, she's stealing from him. Then let her fire him, because she's going to do it anyway.

I realize that there are a lot of knee-jerk posts telling people to just up and quit their lovely job, but don't think this is one of them. This is beyond the pale. A job that docks employee pay and holds them responsible for customers who break the law is loving insane, and should be illegal (and is in some states).

Buggiezor
Jun 6, 2011

For I am a cat, you see.
Thanks to everyone for the great responses.

I have an update. She wanted him to agree to paying the money back on paper, or "Hit the road" so he left. Not sure if that counts as quitting or being fired but at least she is not pursuing him for the money. So now he is jobless but after this incident, he really doesn't want to work for her anymore anyway. We just hope he can find something new soon.

When I worked for Toys R Us a couple years back, a group of guys tricked the poo poo out of me and managed to steal 2 Xboxes on my watch. The manager just told me to learn from it and not let it happen again. He didn't make me pay out of pocket. But this Pawn shop was a family owned thing so I guess the lady felt she deserved to be paid back. :/

Sonic Dude
May 6, 2009
In most areas, if you're forced to quit, you're effectively fired. It's called "constructive dismissal" and there's probably not a lot of real relevance to whether it was voluntary or not (unless there's unemployment or severance money, or something like that).

The Lord Bude
May 23, 2007

ASK ME ABOUT MY SHITTY, BOUGIE INTERIOR DECORATING ADVICE

Buggiezor posted:

Thanks to everyone for the great responses.

I have an update. She wanted him to agree to paying the money back on paper, or "Hit the road" so he left. Not sure if that counts as quitting or being fired but at least she is not pursuing him for the money. So now he is jobless but after this incident, he really doesn't want to work for her anymore anyway. We just hope he can find something new soon.

When I worked for Toys R Us a couple years back, a group of guys tricked the poo poo out of me and managed to steal 2 Xboxes on my watch. The manager just told me to learn from it and not let it happen again. He didn't make me pay out of pocket. But this Pawn shop was a family owned thing so I guess the lady felt she deserved to be paid back. :/

You should encourage him to go to the press and tell his story. That woman deserves to have her business ruined.

Volmarias
Dec 31, 2002

EMAIL... THE INTERNET... SEARCH ENGINES...

The Lord Bude posted:

You should encourage him to go to the press and tell his story. That woman deserves to have her business ruined.

Pawn shop owner morally questionable, film at 11.

Name Change
Oct 9, 2005


If you want to go the justice warrior route you'd honestly have an easier time with Reddit or Imgur. I'm not sure this undoubtedly poo poo job is worth getting worked up over, though.

The Lord Bude
May 23, 2007

ASK ME ABOUT MY SHITTY, BOUGIE INTERIOR DECORATING ADVICE
It's the principle of the thing. The very knowledge that this scumbag exists is inherently offensive to me.

Curiosity
Sep 12, 2012

I'm glad he left, it's awful to go to work every day with so much resentment. I used to be in a terrible job environment where my boss didn't do poo poo to protect me. It can be really hard to act, even where there are labor laws to prevent any repercussions. I never did and I regret it. I'm still pissed off over 2 years later.

I hope the pawn shop owner is super excited to train a new employee who might let something else get stolen, instead of just keeping your brother who is now terrified of letting anything out of his sight. Hopefully there are some jobs in your brother's area, he deserves for his luck to turn around.

Sankis
Mar 8, 2004

But I remember the fella who told me. Big lad. Arms as thick as oak trees, a stunning collection of scars, nice eye patch. A REAL therapist he was. Er wait. Maybe it was rapist?


Also if for some reason he still has the paper she asked him to sign tell him to keep it. If he needs to file for unemployment after this it may be useful and she sounds like the sort to challenge out of spite.

left_unattended
Apr 13, 2009

"The person who seeks all their applause from outside has their happiness in another's keeping."
Dale Carnegie
I'm really glad the auto doors have their squeak back. Try sneaking up on me now, fuckers!

Unrelated: people buy the weirdest poo poo at night. I've sold more 2L tubs of icecream in 6 months of night shifts than I did in 6 years of days. And cheese. Who buys cheese from a servo?

The Lord Bude
May 23, 2007

ASK ME ABOUT MY SHITTY, BOUGIE INTERIOR DECORATING ADVICE

left_unattended posted:

I'm really glad the auto doors have their squeak back. Try sneaking up on me now, fuckers!

Unrelated: people buy the weirdest poo poo at night. I've sold more 2L tubs of icecream in 6 months of night shifts than I did in 6 years of days. And cheese. Who buys cheese from a servo?

People who enjoy a midnight snack of cheese on toast, and forgot to buy it earlier.

now entering North Dakota
Feb 22, 2013


Fun Shoe

left_unattended posted:

I'm really glad the auto doors have their squeak back. Try sneaking up on me now, fuckers!

Unrelated: people buy the weirdest poo poo at night. I've sold more 2L tubs of icecream in 6 months of night shifts than I did in 6 years of days. And cheese. Who buys cheese from a servo?

I've bought the weirdest poo poo at night when I was stoned before. I mean, you're baked out of your mind and it's 3 am and the station is right across the street and you KNOW it's open, because you can see it from your porch, and "Oh my god, some loving grilled cheese sandwiches sound so good right now you guys, let's make some!"

Buggiezor
Jun 6, 2011

For I am a cat, you see.
Yeah, my bro actually has a certification in Machining and CNC. He has a friend that may be able to get him a job in that field which is what he wanted all along. He just needed the Pawn shop job to hold him over money wise until something good came along. He was really bummed out yesterday but overall I think it was good he left. Like Curiosity said, working at a place full of resentment is no fun.

I may be mistaken but I was under the impression if you got fired for "Misconduct" you wouldn't get unemployment. And if you quit you don't get it either. So does that really just depend on what the Owner puts as the reason for termination? If she does try to challenge the unemployment because he was negligent or something, I don't know if we could really prove that he wasn't.
He said the customer had him standing there for over 30 minutes looking at this ring and that ring and this other ring, and like those money exchanging scams where they try to confuse you with too much cash, he just lost track of one of the rings.

Also we agree with OneThousandMonkeys that its not really worth getting the media involved. It's just a lovely policy at a lovely job.

left_unattended
Apr 13, 2009

"The person who seeks all their applause from outside has their happiness in another's keeping."
Dale Carnegie
It still blows me away that American labour laws are that cruel. It's loving backwards.


Last customer of the night: "May I have a latte with 1 1/4 sugars please."

No. No you may not. 1 1/2, I will roll my eyes and waste half a sugar, because it's easy to measure and keeps you happy. But I am not wasting 3/4 of a sugar for your pretentious rear end. If you can truly taste the difference, I for one will be loving amazed.

Volmarias
Dec 31, 2002

EMAIL... THE INTERNET... SEARCH ENGINES...

Buggiezor posted:


I may be mistaken but I was under the impression if you got fired for "Misconduct" you wouldn't get unemployment. And if you quit you don't get it either. So does that really just depend on what the Owner puts as the reason for termination? If she does try to challenge the unemployment because he was negligent or something, I don't know if we could really prove that he wasn't.
He said the customer had him standing there for over 30 minutes looking at this ring and that ring and this other ring, and like those money exchanging scams where they try to confuse you with too much cash, he just lost track of one of the rings.

Also we agree with OneThousandMonkeys that its not really worth getting the media involved. It's just a lovely policy at a lovely job.

If he "quit" because he effectively could not continue the job, it's almost certainly constructive dismissal and he could fight for unemployment. Of course, if he's in a bad part of the country, he could be screwed.

As with all things, ask a lawyer that specializes in this.

MS Paint
Sep 21, 2007
Probation
Can't post for 10 years!
.

MS Paint fucked around with this message at 00:25 on Mar 17, 2014

MS Paint
Sep 21, 2007
Probation
Can't post for 10 years!
.

EugeneJ
Feb 5, 2012

by FactsAreUseless
Question I just thought of that's somewhat related - are you obligated to return keys to the company if they don't ask for them at time of your dismissal/when you resign?

MS Paint
Sep 21, 2007
Probation
Can't post for 10 years!
.

Volmarias
Dec 31, 2002

EMAIL... THE INTERNET... SEARCH ENGINES...
That sounds odd. So if I am an employer, and I want to "fire" you by dropping your hours to 0 indefinitely, you cannot claim uninsurance, because you "quit"?

Okuteru
Nov 10, 2007

Choose this life you're on your own

Volmarias posted:

That sounds odd. So if I am an employer, and I want to "fire" you by dropping your hours to 0 indefinitely, you cannot claim uninsurance, because you "quit"?

Yep. Welcome to the American Labor Force!

baquerd
Jul 2, 2007

by FactsAreUseless

Volmarias posted:

That sounds odd. So if I am an employer, and I want to "fire" you by dropping your hours to 0 indefinitely, you cannot claim uninsurance, because you "quit"?

Well, technically that's the same as being fired, in most states anyways, and you should claim unemployment the second, or at least by the end of the week of the week, that you are informed that you don't have any hours.

Irish Joe
Jul 23, 2007

by Lowtax

EugeneJ posted:

Question I just thought of that's somewhat related - are you obligated to return keys to the company if they don't ask for them at time of your dismissal/when you resign?

Why would you not return keys?

CovfefeCatCafe
Apr 11, 2006

A fresh attitude
brewed daily!

Volmarias posted:

That sounds odd. So if I am an employer, and I want to "fire" you by dropping your hours to 0 indefinitely, you cannot claim uninsurance, because you "quit"?


baquerd posted:

Well, technically that's the same as being fired, in most states anyways, and you should claim unemployment the second, or at least by the end of the week of the week, that you are informed that you don't have any hours.

Not an HR goon, but my understanding is having "zero hours" is the legal equivalent of being a "temporary lay off" or furloughed. This is generally covered by unemployment insurance, at least in my state (Ohio), because this is a thing that factories will do from time to time. Although, again laws vary, I believe there is a legal requirement of two weeks or 30 days notice from the employer in the event of a furlough; but I may be confusing commonplace union agreements with actual state labor laws.

BouncingBuckyBalls
Feb 15, 2011

Volmarias posted:

That sounds odd. So if I am an employer, and I want to "fire" you by dropping your hours to 0 indefinitely, you cannot claim uninsurance, because you "quit"?

The proper way to do this is to give the employee a schedule of 5-10 hours per week until they get the hint and find a new job themselves.

Fil5000
Jun 23, 2003

HOLD ON GUYS I'M POSTING ABOUT INTERNET ROBOTS

BouncingBuckyBalls posted:

The proper way to do this is to give the employee a schedule of 5-10 hours per week until they get the hint and find a new job themselves.

Especially if you give them two half hour shifts a day at 8:30-9:00am and 5:30-6:00pm.

MS Paint
Sep 21, 2007
Probation
Can't post for 10 years!
.

EAT THE EGGS RICOLA
May 29, 2008

That's for sure constructive dismissal in my province, and makes you eligible for EI.

MS Paint
Sep 21, 2007
Probation
Can't post for 10 years!
.

Kukash
Apr 22, 2010
So I posted a while back about possibly taking a Department Manager position at Wal-Mart. Well I did it a few weeks ago and oh god what have I done. What sucks is I'm stuck for 6 months before I can transfer to something else. My only option really is to find a new job but it'd be hard for me to find something that pays as good. The extra dollar I got doesn't seem worth it. Ugh.

ijii
Mar 17, 2007
I'M APPARENTLY GAY AND MY POSTING SUCKS.
Walmart is probably one of the worst corporations to work for, only exceptions would be places like fast food or restaurants where there isn't really any upward mobility within the company.

I would put applications in other various places before quitting, preferably those with unions or known good benefits (Costco), or even good treatment of employees (Trader Joes? Publix?).

Good luck on the management position for now. Eventually you'll just learn to shake your head and roll your eyes when stupid poo poo happens :). Getting poo poo from upper management will be a daily routine.

ijii fucked around with this message at 02:51 on Mar 18, 2014

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Inudeku
Jul 13, 2008
My favorite is a certain triple arch company who tells you you can grow there and after 5 years you're at a salary position that pays you 32k a year that requires you to work a minimum of 50 hours.

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