About 2months ago I was a Service Writer at a dealership. (I was there for right around 3yrs.) One day my manager and the owner was gone so that left my finance manger in charge of the dealership for the day. As the service writer I was incharge of scheduling customers. I received a phone call from a customer wanting to schedule an oil change for the first thing the next morning. After reviewing the schedule for the next day I told the customer that I was already over booked for the next day and wouldn't be able to get him in until the day after he wanted or the following day. The customer then got mad and hung up on me. He called right back and spoke with the Finance Manager. After he spoke with the customer. He then came back to the service department and demanded that I show him the (explicit) schedule, which I did. Then proceeded to tell me how it was (explicit, while at the sometime grabbing and pushing on me) that I couldn't get his friend in for an oil change. While keeping in mind that I was less than a month away from becoming a first time father, I kept my cool and decided to take it up with my manager and owner when they returned to work the next day. However since I was allowed access to the video cameras I used the computer to playback the video and then used my cell phone and recorded the incident. So that if the finance manager tried to delete it I could still have proof to show my manager and owner. So they could see that I did nothing to provoke him get angry with me or put his hands on me. So on the next day when returning to work the owner, service manager, and finance manager went into the office and has a meeting. After they were done the service manager, finance manager and myself went into the office and started to have a meeting. Once it started the finance manager started rasing his voice and using explicits toward me again, I then got up and left the meeting. A few minutes later in was brought in the office with the owner and the service manager and was told that I should be fired for insubordination since I walked out of the meeting. I told them we wouldn't be having a meeting if the finance manger could control his temper and keep his hands to himself. I the told the owner to go back and review the cameras and he would see I wasn't in the wrong. The owner the told me that the cameras were the for his protection not mine. After made that statement I felt that the meeting was gonna get nowhere, so I just sat and listened to him continue to lecture me. After the meeting. I then returned to work and decided I that maybe I should start looking for another job. About 2 weeks went by and I landed an interview at another company. I then returned to work after the interview I and the owner asked where i had been and I then told him that I was an interview that he already knew about. Because I told my service manager 4 days prior to it and instead of the owner asking me about it he posted my position on craigslist. The owner then asked me why I was still working there? I told him I was looking for another job and when I found one I would give him as much noticed as possible when I found one. He then told me that I didn't have to wait that long they didn't really need me. I told him that it was up to him. He said it would be fine if I went ahead and left. When it was time for me to receive my last check, instead of it being a check for a gross pay in the sum of $550. It was a statement reading that he would keeping my last check in order for the web training classes I had to take in order to keep my position. I have been out of work for about a month. I wasn't sure if I had a case or not, and if I did if it would do any good to prosue it because he has lots of friends in the legal system in the county I live in. Friends like from the sheriff of the county to the top lawyers to the top judges. Thank you for taking the time to review my issue and hope to hear from you soon.
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Im not sure what to do. -work related
- Thread Starter Redline14
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army judge
Super Moderator
Hello, Redline:
Sorry you experienced a no pay situation. Your state, as do all 50 states offer a free state sponsored service. They'll investigate this situation and if it's proven, they'll collect your wages that are unpaid.
Here, take a look at your state's DOL website. You can file your complaint right now online:
http://www.in.gov/dol/2671.htm
I'll be pulling for you. Go, read it, report it, wait, and maybe you'll get ALL of your money!
I hope you have or had a healthy bundle of love, Dad.
Sorry you experienced a no pay situation. Your state, as do all 50 states offer a free state sponsored service. They'll investigate this situation and if it's proven, they'll collect your wages that are unpaid.
Here, take a look at your state's DOL website. You can file your complaint right now online:
http://www.in.gov/dol/2671.htm
I'll be pulling for you. Go, read it, report it, wait, and maybe you'll get ALL of your money!
I hope you have or had a healthy bundle of love, Dad.
Redline14
Is this my only option? Because I feel like I should get paid for being off work. Cause I would have never went looking for a new job if the manager wouldn't have put his hands on me.
Is this my only option? Because I feel like I should get paid for being off work. Cause I would have never went looking for a new job if the manager wouldn't have put his hands on me.
army judge
Super Moderator
You are FREE to consult with three or four or even four hundred local lawyers.
You might be able to sue thee person who attacked you.
You still might be able to pursue a criminal prosecution, so report the assault to the police. You have proof of the attack on tape.
Otherwise, I'd pursue collecting my wages and take whatever I could get.
You can't get a feast all of the time, so take a snack when you are offered one.
Ask yourself, other than the shaft, what have you received?
cbg
Super Moderator
You are entitled to be paid for all the time you actually worked. You are not entitled, by any law, to be paid for any time you did not work. Regardless of the reason you went looking for a new job.
mightymoose
Moderator
You willingly left your job. Had you lost your job for any number of other reasons you may have been able to collect unemployment.
You won't get a dime for the time you have been out of work.
You won't get a dime for the time you have been out of work.
disagreeable
Well-Known Member
If you are working in the car industry, let me give you a clue, the F&I Manager brings in a significant portion of the dealers revenue via spiffs, finance rate differentials and various types of insurances. A good one easily commands a 6 figure salary, free trips and cars for himself and his spouse.
Betty3
Well-Known Member
You only have to be paid for all time you actually worked. If you are owed any wages, file a wage claim/complaint with your state DOL.
There is nothing to sue over and if they knew you had one foot out the door, they did not have to wait until you were ready to depart. It is not at all uncommon for employers to accept an employee's resignation early or let them go if thy know they are planning to leave as soon as another deal comes around. It doesn't matter the reason you were looking. Why would they pay you to look for a job elsewhere?
While the incident with the manager is unfortunate, there isn't much if anything you can do. If you had injuries, you could pursue charges for assault or sue civilly. More than a month later, I doubt the police are going to be interested in arresting him for shoving you and the DA is not likely to bring charges.
You can file for unemployment and see what happens. It isn't a slam dunk but your chances are better than zero of qualifying. That doesn't mean you have any sort of case against your employer, but it does provide some income replacement. I'm not sure why you think impending fatherhood plays any role here but it does not.
File a claim for the unpaid wages with the DOL.
While the incident with the manager is unfortunate, there isn't much if anything you can do. If you had injuries, you could pursue charges for assault or sue civilly. More than a month later, I doubt the police are going to be interested in arresting him for shoving you and the DA is not likely to bring charges.
You can file for unemployment and see what happens. It isn't a slam dunk but your chances are better than zero of qualifying. That doesn't mean you have any sort of case against your employer, but it does provide some income replacement. I'm not sure why you think impending fatherhood plays any role here but it does not.
File a claim for the unpaid wages with the DOL.
cbg
Super Moderator
No one said it is okay for an employer to put their hands on an employee. We are saying that for him to do so does not mean you are legally entitled to be paid when you did not work.
As for losing a job because you couldn't get a manager's friend in for an oil change, well, that is a shame but it does not violate the law and it also does not legally entitle you for pay beyond what you worked.
Not all things that are unfair have legal remedies.
As for losing a job because you couldn't get a manager's friend in for an oil change, well, that is a shame but it does not violate the law and it also does not legally entitle you for pay beyond what you worked.
Not all things that are unfair have legal remedies.
work related issue
I don't know. Maybe if you saw the video, you might see things different. I'm not a lawyer or nor have I ever been to law school. But I know it's not right for me even want to go find another job because I have to go to work and wonder if I'm gonna get the mess beat out of me because I can't get a customer in for a simple oil change. Its not the money that is the issue. Its I would have never lost a good job because of a person can not control their temper, and knowing the type of atmosphere the place is preventing it from happening to someone else
I don't know. Maybe if you saw the video, you might see things different. I'm not a lawyer or nor have I ever been to law school. But I know it's not right for me even want to go find another job because I have to go to work and wonder if I'm gonna get the mess beat out of me because I can't get a customer in for a simple oil change. Its not the money that is the issue. Its I would have never lost a good job because of a person can not control their temper, and knowing the type of atmosphere the place is preventing it from happening to someone else
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mightymoose
Moderator
If you were assaulted you should have spoken with law enforcement immediately. You still can, but your complaint is much weaker after so much time passed. Show then your video and see what happens. Even if they take action it won't result in you being paid while not working.
You may not be the one that caused the mess, but you did not help yourself by quitting.
You may not be the one that caused the mess, but you did not help yourself by quitting.
The other employee putting his hands on you did not violate employment law. Your employer is not required to act in any way, let alone in the manner you would prefer. Your employer is not obligated to fire the other employee. Any recourse you might have is strictly through civil and criminal avenues.
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