Question about employment in a non-union mom and pop store...

[madmom]

Have a friend who works at a local convenient store and having troubles with the boss. Before he told her she was a model employee, now he's saying she isn't doing her work. He has called her a liar on two occasions, and says she has to do more work (cleaning and such). There are two men who work there and they refuse to do any cleaning and get away with it. They take smoke breaks, she doesn't smoke. He is IMO trying to get her to quit. Is there any recourse she has legally? She is looking for a different job, but no luck yet. This all started within the last couple weeks, when he hired a new guy, who incidentally wants her hours. She has been there the longest, almost a year.

[Enrique]

1. tell her to document everything

your friend is going to get fired and they are going to try to challenge her unemployment claim. I was in the exact same position, also a convenience store and also where the issue was the amount of work. She will need to show that she didn't simply refuse to do the work, just that it was too much for her. The issue isn't whether the store has the right to fire her, they do, but whether she committed any kind of misconduct, such as refusing to do the work, which could be the basis for denying her unemployment claim.

[dballance]

3. Great Advice! /nt

[dballance]

2. She Really Has No Recourse

Unless she can prove he's doing it because she's female (which will be very difficult to do) she has no recourse. Is she in a right to work state? That would make it even worse.

Since it's a mom and pop there probably isn't much money there so she'd have difficulty getting a lawyer to take her case because there is likely no big cash reward for them even if they proved gender discrimination. Also, since it's a mom and pop, the work environment sure isn't going to get better if she files a grievance with any labor board or files a gender discrimination suit.

It's sad, but she should really just find a new job.

Now, I will admit I'm cynical and jaded. So maybe someone else will post a reply the contradicts me.

[kudzu22]

4. I agree with the above assessments

She's going to be fired and they're building a case to deny unemployment. It's probably not worth the effort to fight it. Find another job and move on.

[madmom]

6. She's already told him, if she's such a bad employee, fire me..He said no he won't...

he also said he has proof, on video, that she does not greet customers and does nothing but sit all day. She ask to see it, he said he doesn't have to show her and it's his store and he can run it anyway he wants.

[kudzu22]

7. Owner sounds like a jerk

He might be trying to get her to quit and therefore bypass all the unemployment paperwork.

[oldhippie]

10. I don't see how it makes a difference to the boss ....

... whether she quits or he fires her. The store (boss) doesn't pay any unemployment costs in any case. Why doesn't he just fire her for cause? (Any cause he wants?)

[whttevrr]

11. ^this^

Does anyone know why companies try to deny unemployment? I had a manager try to threaten me with that shit once. I looked him in the eye and told him "Bullshit. All I have to do is get a one day hire job after leaving here and list that as my last employer." Then, he fucking laughed and said, "I like your attitude."

What the fuck? It was just a bluff? Just a way to fuck with me...

Why do people try to deny people unemployment benefits? It does not cost them anything.

[haele]

12. Chances are it's because he hasn't been paying into the unemployement fund.

He's probably been pocketing the money that was supposed to go into unemployement insurance for her and possibly not being honest on his own business taxes about that by taking the deduction - which wouldn't be found out unless she applied for UI. One gets him a fine if caught, but the other gets him into serious trouble with the state and the IRS.
He probably doesn't expect to want or need to get rid of someone without firing them for cause or having them quit to get other employement, so why pay the government an extra $2K or so a year for her just to get a tax deduction of around $120 at the end of the year.
The above scenario nets him around $2000 a year per employee - so long as no one ever collects unemployement.

"After all, it's my money - why should those slackers no one wants to hire sitting around unemployed get it?" is the attitude those employers take.

Lots of small businesses have been caught doing this. Heck, some large businesses get caught doing that. But it's a calculated risk - if they get caught, they can always pay the fine and wait out a penalty observation period from the state or feds until they're free to go back to their old ways.

Just like some small businesses go about lying to low-wage employees about their tax status and paying them under the table by wire transfers or money order for up to a year until income tax time comes around. How can those employees prove they were being employed?

Haele

[datasuspect]

5. not unless she can afford a lawyer

otherwise, nope.

[TheCowsCameHome]

8. They're trying to get her to quit.

Avoiding unemployment benefits is the oldest trick in the book. I hope she makes it miserable for these bums.

[SheilaT]

9. Basically, every state is a right to work state.

She should not stay in this job. Unless she lives in a town with a population of 300 or so, and this is literally the only job in town, she can do better.

I'm also curious how well they're paying her. Minimum wage? A sub-minimum wage? Are they really sending all their share of FICA and so on to the appropriate places? You'd be surprised how many small business don't, in part because they often have real cash-flow problems.

However, she should go ahead and document everything. Meanwhile she needs to look for another job.

(I'm seeing this as a little like staying with an abusive partner. Don't do it. Get out.)

[madmom]

13. Thanks everyone for all the input. To answer a few questions...

She makes minimum wage, she works just under 40 hours a week, usually around 33-34. We think he is trying to get her to quit, because he had a girl work there before that was caught drinking on the job and he wouldn't fire her either. She is definitely looking for another job.

[chervilant]

14. That this toxic situation is all too common

is as much a source of concern and anger for me as is the vicious mendacity of the man for whom she is working. I've just gotten past a similar experience with a state agency, and here is what I've learned:

1. If she's in a "right to work" state, he can fire her "for any reason or no reason at all." (If she's in an rtw state, then he's likely creating a hostile work environment in order to compel her to quit so he won't have to kick in for unemployment. I hope he isn't sliding into harassment territory ...)

2. The EEOC might help, but the Labor Board is unlikely to assist.

3. A chronological journal can become highly evidential. It may be worth her while to document everything. (A microrecorder might be legal there, she should check.)

[madmom]

15. She's in Ohio, not a right to work state...yet!

[chervilant]

16. Please encourage her to

contact both the EEOC and the Labor Board. She may get essential info and she'll feel empowered by gathering this info proactively.