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Manager refused to confirm that I've been terminated

Discussion in 'Termination: Firing & Resignation' started by mh105129, Aug 23, 2010.

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  1. mh105129

    mh105129 Law Topic Starter New Member

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    1. She was telling the District manager about issues at the store when he said "Since you don't like it here, turn in your keys and go."
    One of the issues was sexual harassment from the store manger to a young male employee.
    2. He asked everyone to walk away before he told her that. He put his face within 4 inches of her face when he did it. It scared her, not only because of that, but that he made all witnesses leave, though they could see it from across the kitchen.
    3. She finally finished telling him over the phone, during the many times he called, about the sexual harassment. She also tried to tell him about the manager telling everyone that she only wanted women working there because men won't work. She thinks it is unfair that the manager is cutting the hours of male employees down to one day a way to make them quit, and only hiring women. The District manager only put her down, instead of listening.
    4. She was chased into the bank, terrified, by the manager because the District manager had told her everything that she had told him in confidence.
    5. We have contacted Burger King corporate office and was told that it is not their problem, since it is an individually owned franchise.
    She has to pick up her last paycheck Monday and is scared to go inside. She is also scare that they won't give it to her....that they will claim they have to mail it, even though other employees that quit or get fired pick their checks up a week later.
     
  2. Patricia_Young

    Patricia_Young New Member

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    Arkansas has no laws regarding the timing of payment of a fired employee. If she is scared of a physical altercation, you can go with her. Or she can let them mail her the check. If she refuses to go in and pick up her paycheck, either with or without you, then she really has no choice but to request/have them mail her check.
     
  3. bluemann33

    bluemann33 New Member

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    Can you or someone else go with her to pick up her paycheck? That may be the best route to go if she is scared. Has she tried to contact the franchise owner about the situation?
     
  4. mh105129

    mh105129 Law Topic Starter New Member

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    They refuse to give her the owner's number or an address that he can be reached. What a great country we live in when a company can do this and nothing can be done. And how is it LEGAL to hold her check out of retaliation, potentially causing a lot of bills to bounce at the bank because they are direct withdrawl.
     
  5. AMHughes

    AMHughes New Member

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    This is the woman this thread has actually been about. I appreciate all of the information, but Patricia, according to the EEOC,

    All of the laws we enforce make it illegal to fire, demote, harass, or otherwise “retaliate” against people (applicants or employees) because they filed a charge of discrimination, because they complained to their employer or other covered entity about discrimination on the job, or because they participated in an employment discrimination proceeding (such as an investigation or lawsuit).

    For example, it is illegal for an employer to refuse to promote an employee because she filed a charge of discrimination with the EEOC, even if EEOC later determined no discrimination occurred.
    Retaliation & Work Situations

    The law forbids retaliation when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

    I was fired for reporting what I saw as discriminatory actions being taken by the General Manager of the store. I'm not interested in gaining any money out of this, but I believe that every individual should be able to go to work without fear of being sexually harassed, or discriminated against based on sex, or in the case of two applicants, their disabilities.
     
  6. army judge

    army judge Super Moderator

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    All of what you say is true, let's stipulate to that.
    So, how do you remedy it?
    With a lawsuit.


    As an attorney who has litigated many successful discrimination lawsuits (at the federal level, including an age discrimination lawsuit I won for my dad), be prepared for your remedy to take many years.
    On average, these cases take 4-5 years to come to fruition.
    A few can be settled in 3-4 years.


    We've been as useful to you as much as possible.
    You should begin searching for an attorney.
    This will take a lawsuit (or the threat of a lawsuit) for your proper redress.


    Now, about your paycheck.
    Here's how you get the ball rolling on that, if it isn't given to you on Monday!



     
  7. Patricia_Young

    Patricia_Young New Member

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    Agree about the paycheck. However, if it is available for pickup within the time frame or it is mailed by the due date, it is on time.

    Where does the OP say she was fired in retaliation for filing a discrimination claim? Where did she say she filed a discrimination claim at all? She spoke to the manager about observing sexual discrimination, fine. But how did she know he wasn't handling the situation?
     
    Last edited: Aug 28, 2010
  8. army judge

    army judge Super Moderator

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    I was simply trying to end this discussion.
    It has been about as productive as it can be here.
    If it is to go further, it has to be in a court room.
     
  9. Patricia_Young

    Patricia_Young New Member

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    AJ, I do agree with you on that point.

    I was just trying to point out that the state won't take a wage claim if the employer does either of those two things.
     
  10. army judge

    army judge Super Moderator

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    Yes, the employer is allowed 7 days to pay the discharged employee in Arkansas (if EE demands it).

    I was simply directing the OP to a place that could potentially assist her, if things don't end well on Monday!
     
  11. jacksgal

    jacksgal Super Moderator

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    I dont see where OP was fired. This means her paycheck is due on its due date whenever that is
     

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