Bag checks off the clock, 2 hour notice of schedule change.

[Stephaniehuff92]

Jurisdiction

California

At my most recent job (was given the choice of resigning or being fired on 5/25/17) I ran into many issues with the company, from bag checks being done off the clock to employees not following the health and safety codes and regulations to being given only 8 hours notice prior to the begining of the work week for that week, to being told I had to come in early with only 2 hours notice or I would face reprucutions. One of those days my 2 year old was sick with the stomache flu and I want to be with him to console him for as long as I could before my scheduled shift, when I told my manager that she told me she didn't know what would happen to me (my position at work) if I didn't come in early. Then just prior to me being forced out I started making the employees follow health code and my store manager (she just became our store manager) complained that I was messing things up and that I should have let it be, she said it wasnt a big deal the dishes not be washed properly. During that same time we were having a thief problem, one morning I went in 2 hours after opening (2 employees opened the store) and counted the safe, that was the first thing I did. I counted it $120 short than what the store manager wrote it down at closing previous night (obviously someone went in between closing and opening counts and took the money as literally first thing I did was count the safe and I had a witness) and when the LP manager spoke with me she told me how money only goes missing when its my shift (thats a lie as the other supervisor and manager had the same issues, the store has records which I helped file so I would know) and them told me if I didnt confess she woukd come down with the cops and have me arrested. I did not concede to her demands as she was dead wrong. I put my two weeks in the next day. I had gotten a final write up as well for the money going missing. The day after I put my two weeks in I went into work and my manager had my departure paperwork already filled and told me the opening employee said the bottom safe that he opens to get the money for the drawers was left unlocked (I know for a fact it was locked) (also him and his friends shifts are the only shift money went missing during and the money problem didnt start until he was hired but LP never wanted to talk to him). I want to know if there is any legal actions I can take against this company. I have multiple contacts with previous employees that can attest to this. I still have contact with some current employees as well.

 

[mightymoose]

Nope. Part ways and move on with your life.

 

[Stephaniehuff92]

Nope. Part ways and move on with your life.

I was curious because I know the bag checks off the clock have been warrant to lawsuits and this place has done worst then bag checks off the clock and one thing I forgot to mention was the manager literally digging threw our purses which I remember something about that not being okay.

 

[mightymoose]

I'm not saying that what they did was okay, rather that you have no legal action to pursue.
Had you not quit your job you might have some options within the company policy.

 

[hrforme]

The only thing I see is calling the local Health department if food/dishes aren't being handled properly. Otherwise, nothing you stated is illegal, maybe bad business practice, etc. But nothing you can pursue with a personal claim.

My DD works in that industry and scheduling, calling you in early, etc are all part of the running of the business. Not sure you you were counting the money in the safe, but unfortunately you touched the money and they have proof that you had access and opportunity. Does every employee have the ability/access to count?

 

[Stephaniehuff92]

The only thing I see is calling the local Health department if food/dishes aren't being handled properly. Otherwise, nothing you stated is illegal, maybe bad business practice, etc. But nothing you can pursue with a personal claim.

My DD works in that industry and scheduling, calling you in early, etc are all part of the running of the business.

Even the bag checks being done off the clock? I was just part of a class action lawsuit against CVS and the lawsuit was won and it was over bag checks being done off the clock (your giving your time for free, not getting reimbursed for the time spent off the clock doing company business)

 

[army judge]

Even the bag checks being done off the clock? I was just part of a class action lawsuit against CVS and the lawsuit was won and it was over bag checks being done off the clock (your giving your time for free, not getting reimbursed for the time spent off the clock doing company business)

Well, you know how the lawsuit process works.

If you believe this situation is similar to the CVS one, contact the people that did that for you.

No one on this site, although some are lawyers, solicits business here.

We do have a lawyer location service, which you can use to see if any lawyer on our lists wishes to become involved in your case.

Find a Lawyer in the Attorney Directory | TheLaw.com

Or, you can contact prior attorneys used.

 

[cbg]

And when employees at Apple, Inc. sued because of off-the-clock bag checks, the employees lost - and moreover they lost in the Ninth Circuit, a very employee-friendly region. They are not illegal per se. Because you won in one situation does not mean you are guaranteed the same result elsewhere.

 

[hrforme]

What CVS did/does/was sued for is a totally different scenario with different facts and circumstances than this employer. While the settlement could set a precedent, it doesn't automatically mean bag checks off the clock are an auto-win for the employee(s) in all cases..it looks like the judgment/laws have gone back and forth depending on the circumstance -- While CVS lost, it looks like Apple won....

If your interested in a bit of no-so-light-reading, here you go: Bag Check Claims: Not Quite Yet in the Bag for California Employers - Labor Sphere

your best bet is to contact an attorney with the details, but with the perspective that not all cases have been won/settled in favor of the employee

eta: double jinx to cbg LOL *Ü*

 

[Stephaniehuff92]

What CVS did/does/was sued for is a totally different scenario with different facts and circumstances than this employer. While the settlement could set a precedent, it doesn't automatically mean bag checks off the clock are an auto-win for the employee(s) in all cases..it looks like the judgment/laws have gone back and forth depending on the circumstance -- While CVS lost, it looks like Apple won....

If your interested in a bit of no-so-light-reading, here you go: Bag Check Claims: Not Quite Yet in the Bag for California Employers - Labor Sphere

your best bet is to contact an attorney with the details, but with the perspective that not all cases have been won/settled in favor of the employee

eta: double jinx to cbg LOL *Ü*

Thank you, that link was very helpful.

 

[cbg]

Not to mention the fact that there is a difference between the two parties agreeing to a settlement, which is what happened with CVS, and winning a lawsuit.

 

[army judge]

I have female and male relatives that simply refuse to carry purses/pouches/backpacks into their work environment, problem solved.

 

[Stephaniehuff92]

I have female and male relatives that simply refuse to carry purses/pouches/backpacks into their work environment, problem solved.

Yeah I stopped bringing my normal purse and went out and bought a tiny purse big enough for just my coin purse and ID thinking it would cut down the time I would be there off the clock working while waiting for them to search my bag but that didnt happen. We weren't aloud to just stand there and wait, if we were on company grounds we had to be working. Breaks werent aloud in the store otherwise they would make us work threw them. I made the mistake of not leaving the store during my lunch a couple times and had to work threw it off the clock otherwise I would get in trouble for not taking clocking out. (I did not sign a waiver either) happened to a lot of employees.

 

[army judge]

Yeah I stopped bringing my normal purse and went out and bought a tiny purse big enough for just my coin purse and ID thinking it would cut down the time I would be there off the clock working while waiting for them to search my bag but that didnt happen. We weren't aloud to just stand there and wait, if we were on company grounds we had to be working. Breaks werent aloud in the store otherwise they would make us work threw them. I made the mistake of not leaving the store during my lunch a couple times and had to work threw it off the clock otherwise I would get in trouble for not taking clocking out. (I did not sign a waiver either) happened to a lot of employees.

Heck, I'd have quit the first hour of my employment working for those slave masters.

 

[Stephaniehuff92]

Heck, I'd have quit the first hour of my employment working for those slave masters.

I wanted to but I tried holding out as long as I could, I wanted to make sure I had another job lined up before hand and ended up getting promoted (thats the only reason I was able to get the store back up to health and safety standards) and still ended up out the door without a position lined up, though now I have 3 jobs lined up so I am not too upset about that part lol just glad to be out of there. It just kills me knowing all the messed up stuff they are doing and will continue to do until something is done about it.

 

[army judge]

I wanted to but I tried holding out as long as I could, I wanted to make sure I had another job lined up before hand and ended up getting promoted (thats the only reason I was able to get the store back up to health and safety standards) and still ended up out the door without a position lined up, though now I have 3 jobs lined up so I am not too upset about that part lol just glad to be out of there. It just kills me knowing all the messed up stuff they are doing and will continue to do until something is done about it.

Good for you.

Look forward, never look back, you might trip over your next big break!!! LOL

 

[adjusterjack]

Even the bag checks being done off the clock? I was just part of a class action lawsuit against CVS and the lawsuit was won and it was over bag checks being done off the clock (your giving your time for free, not getting reimbursed for the time spent off the clock doing company business)

That had to do with pay, not the legality of the search. Only governments are limited. Employers can make it a condition of employment and if you don't like it you seek employment elsewhere.

 

[Stephaniehuff92]

That had to do with pay, not the legality of the search. Only governments are limited. Employers can make it a condition of employment and if you don't like it you seek employment elsewhere.

The issue isnt the bag check its self its that your being forced to work off the clock while waiting for the bag check to happen. None of that time your reimbursed for even when they have you working during that time your forced to wait. That time would vary from anywhere between 5-20 minutes before they finally check your bag.

 

[army judge]

That time would vary from anywhere between 5-20 minutes before they finally check your bag.

Plus, as you seemed to say above, you are forced to wait your turn even if you don't have a bag.

Sucks for sure, which would have had me walking within minutes of my initial employment.

Knowing how I work, I'd probably have left at the end of the first day never to return.

 

[Stephaniehuff92]

Plus, as you seemed to say above, you are forced to wait your turn even if you don't have a bag.

Sucks for sure, which would have had me walking within minutes of my initial employment.

Knowing how I work, I'd probably have left at the end of the first day never to return.

I always try and give a company ive never worked for a chance, my goals going in are make the place of business the best I can, improve what I can, work my way up and make a career out if it. I hate giving up, even when I dislike the place I am working. I usually see problems as potential change and challenge, there is no changing this company though, but it is one hell of a challenge to work there.
I will definitely look into the laws regarding work off the clock without pay for those times. I wasnt the only person to go threw it and I know I wont be the last.
Will definitely contact OSHA in regards to issues concerning health and food safety as well.
Thank you all for your comments and suggestions.