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1. ElHombre
   

   Member
   

   Internets:60

    

   So ... A few months ago while living in san francisco I was forced into the less than fun situation of having to commute to my job from the other side of the bay (48+ miles, horrendous traffic) while covering shifts due to my manager having cut my hours...

   A few things I'm wondering, if anybody is in the know.

   1) Punished for something before being told what that something was:

   Prior to ever being written up, my manager drastically cut my hours, forcing me to take shifts from other stores just to make rent. This was inevitably not enough money to make rent, leaving me as much as a week late at times.

   THIS led to a dispute between the leaseholder of the apt and the landlord, which put me into the position where I was forced to relocate to my family's home on the other side of the bay.

   I was eventually told it was for tardiness (few minutes here and there, a few call ins because of poor parking from construction in the area) and "not following procedures." I've worked for the company for over 4 years, and was written up for not following the new "better way" even though I was doing an even "better" and cleaner version myself that worked better for me. I never resteamed milk, I followed all safety and health standards. It was merely a dispute over order of operations... I was even reprimanded for putting latte art on customers drinks!

   2) Written up twice (one form, not two), including a ncns for being 15 minutes late one day and calling in unable to attend the second.

   After my forced relocation (relating, again, to lack of hours) I was late once and needed to call in unable to attend the following day. The first was due to traffic (I allowed extra time... but this was nov2, the day of the giant protests in oakland) and the second was due to sleeping through my foghorn of an alarm because I spent the rest of the day after my shift moving my stuff back to the other side of the bay. I was just that tired.

   I was given a writeup with both a "late" and "ncns" and fired because of it.

   TLDR VERSION

   Is it ethical/legal to

   A) Radically reduce my hours (from ~35 down to ~18) without a reason why.

   B) Fire me after only two writeups, one involving the false reason of a NCNS (I did call, that's how they knew I wouldn't show)

   and is there anything I should look into for evidence for my case?

   Posted 1 year ago #
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2. MobilizedPartner
   

   Member
   

   Internets:1,111

    

   Well, they are allowed to reduce your hours if you've been late or whatever. They can technically do what they want when they want, just as long as it isn't in "retaliation" or anything biased like that or something.

   And they can also technically fire you on an initial infraction if they wanted to, if you got fired over stupid shxt, you can try appealing to your DM or partner resources, and they may reconsider, but the whole 3 write ups rule is GENERALLY supposed to the limit. You can get fired for garnering less or even after more. I know someone who got 5 write ups before getting canned.

   If you can prove to PR that one of the write ups is fabricated, all the more power to you.

   Im not sure how it works in CA, but if you get fired for poor job performance, you're still eligible.

   Posted 1 year ago #

3. hatethemall
   

   Member
   

   Internets:7

    

   I hate to say it and I'm sorry but you will have to prove that the write ups were fabricated or false and that you did not violate company policy. I'm not sure about California and I'm not a lawyer but they can reduce your hours. You could of got unemployment for that reduction but that doesn't matter now. I live in Virginia but I worked for a company that had contracts in California and I assisted a lawyer and we fought people's unemployment. They deserved not to get it though.

   Write all related events out. Basically they usually take the employers side unless you can prove that the write ups were not valid/fabricated. My manager fired a co-worker for being late one day. We are an at will employment state so they can fire us for any reason unlike California.

   As far as evidence you would need to prove that you were not out of the company rules. This is a fine grey area of sorts and well I hate to say it they take the employers side. As Mobilizedpartner said as long as they didn't act in retaliation they can do whatever they want. I totally understand about traffic and everything else but the sad thing is they don't care. They employer will say you were late didn't show and that is all they need.

   One possible angle that I would go for is that the reduction of hours caused the hardships that led to you being late and write ups. Like I said I've taken part in the hearings on the Employers side so if you have any questions please feel free to ask. I'm not sure if this will help any. I apologize if it was discouraging DO NOT GIVE UP!

   Posted 1 year ago #

4. WhoodaThunkit
   

   Member
   

   Internets:92

    

   @hatethemall, California IS an "at will" state. Either party can leave or be terminated without reason or notice. (And I am in the legal field).

   You wrote: "I was eventually told it was for tardiness (few minutes here and there, a few call ins because of poor parking from construction in the area)....". That right there is enough "reason" to fire you. I hate to say it, but from what I know about Sbux, depending on the store/SM, you can get fired the first time you're late. Remember, California is an at will state, they can fire you without reason, but I would bet my bottom dollar that they will use that reason right there, and unfortunately, you've admitted to being late. That's all they need :(

   Unfortunately, they can do most anything they want. As for cutting your hours, yes, they can do that. Times are hard, and since it's right after the holidays, a lot of businesses see a decrease in business and cut employee's hours.

   MobilizedPartner pretty much hit the nail on the head. If you can't prove that the write up was fabricated, not much you can do.

   Good luck though!!

   Posted 1 year ago #

5. veronisa
   

   Member
   

   Internets:1

    

   It does seem more of a Tazo issue than anything. I hope you get your $150 back... But I'm not sure why you would go to the doctor without getting an x-ray, especially if you didn't feel sick. Plus your wording of "led me to believe that they would cover the cost [of a hospital visit]" makes it seem like they never actually said they would pay for anything.
   So... you kinda aren't helping yourself there... You can't really mess around with healthcare/insurance/peoplepayingforthings. It's pretty black and white and never in your favor. But good luck!

   Posted 1 year ago #

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