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Do I have a reasonable claim to report to human resources?

I am currently employed at Subway. Well to my knowledge I am but I haven't been scheduled to work in almost twos months. I've called every week and my name isn't even on the schedule but according to my manager I am still employed and that my boss is trying to get me to quit. Before this I was only working once every couple weeks but when I first started I was getting almost 40 hours a week. Not bad for "part time" job. But a few months ago I wasn't able to come into work under any circumstances. So I called off 3 hours ahead of time. I've been told my boss HATES when people call off. But this was the first and LAST time I planned to ever call off and I figured she'd understand. But ever since then she's had a vendetta towards me and has been trying to get me to quit. At least that's what my manager says. Im not sure if she'd be willing to testify against her though on the account that would most likely lose her job. I refuse to quit until I find another job which sadly hasn't been easy but this woman is crazy. I have co-workers willing to join me in my claim and take her down. This woman is nothing but a crook. For example she doesn't give us our MANDATORY 15 minute breaks every 4 hours. She gives us 10 minute breaks if the store isn't busy and if we "deserve it". Also she has recently found a way out of giving us a mandatory 30 minute break every 6 hours by scheduling us for 5.78 hours. And I'm not exactly sure if this is illegal or not but when I tried applying for unemployment to supplement my hours I was told that unemployment taxes weren't even being taken out of my check. I took a look into my checks stubs and sure enough it was true. But I'm certain if it is mandatory or not..? Anyway I'm tired of this woman taking advantage of her employees. I am a hard worker and don't deserve to be punished for an irrelevant personal vendetta to which I did not even start. But I just don't know if us few employees have a successful claim on our hands.

Update:

@Kibble Bits && M W I am clearly NOT terminated. Like I said I call every week and obviously I ask if I am still employed which I AM! And even if I wasn't that doesn't mean I should just let her take advantage of other employees like she has me and my past co-workers. I'm don't let people take advantage of me and just win..I don't work that way. I know my rights.

4 Answers

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  • Gee
    Lv 4
    9 years ago
    Favorite Answer

    First of all, regardless of the reason for your boss not scheduling you, your boss is about to be in for a rude awakening if you decide to stand up for your rights. DO NOT QUIT. If you cover your back right now by means of inquiry and gathering facts, then you will be capable of showing that you made considerable amount of effort to remain working. Your boss isn't all that bright because what he is doing right now is against Labor Law. Second of all, even if your boss is retaliating due to you calling in 3 hours before shift, you can not prove that based on hear say. So, for the moment, put aside what you think you know or what you heard and focus on being proactive and taking some steps to protect your rights.

    What you need to do first, is you need to request a meeting with your boss. In this meeting: here is what not to do; Do not accuse or assume that he has not put you on the schedule because of you calling in and so on… And do not repeat anything anyone has told you and don’t use any names. Be prepared with a few facts when you ask him why you have not been scheduled to work. Things you need: You need to show that you have not been on the schedule and have the accurate dates from when it started and for how long it has been going on. If possible, make yourself a copy of the schedule so you can have that to back up your information. Also, he may something stupid like: that location is short on hours and this is why or any other lame excuse. So, be prepared for that and see if any of your co-workers have experienced the same shortage or if it is indeed, just you who has no schedule week after week. You want to ask simple, right to the point questions and be sure to document questions and answers, dates and times. See what type of results you get from that meeting and then go from there.

    Now, in the meantime you are eligible to collect unemployment benefits due to a reduction in hours. So, for example if you were working 40 hours per week and your employer cuts your hours to p/t, say 20 hours per week. You are eligible to supplement the hours. A company like Subway is surely not going to refrain from withholding unemployment taxes from your check. Besides they also have to match the taxes that you pay as their tax requirement. I suggest you check with your HR Representative on your check, unless your boss prepares the checks, then you inquire with whoever handles that part of the business. In any case, your employer is responsible for deduction and payment of your withheld taxes. It is the law and they can be penalized in fines if they are not following proper payroll procedures. Here is another cool piece of info. If you have been off the schedule for a month, two months..however long… Calculate an average of the hours based on previous schedules and you are eligible to claim all those hours retroactive with unemployment and you will receive payment. Your boss will get you back on that schedule real quick rather than have you collect benefits. If all else fails and you are not satisfied with the results after your meeting, then I suggest you file a complaint with your HR Representative and then your local Labor Board. You have many options, so do not let this person take those rights away from you because she is a poor manager, and has no skills when it comes to employee development, motivation, or retention for that matter.

    P.S. – You need to take responsibility for your duties as an employee and stop doing things like calling in 3-hours before your shift. And trust me, I’m not judging you because I have been just as guilty in a few work related situations of my own. I made the wrong decisions and I’m not only learning from it…I paying for my lessons. Good luck to you!

    Source(s): ~my experience~ ~my learned knowledge~
  • 5 years ago

    Given the tactic that the BLS makes use of in making their determination of what constitutes being unemployed i'd say that Gallop is a lot extra precise. as an social gathering, the BLS also makes use of documents from their own polls yet in case you worked even one unmarried day interior that polling era you're literally not considered to be unemployed. if you're actually not actively searching for artwork, BLS does not evaluate you to be unemployed. if you're helping your mothers and fathers out of their very small domicile organization and are not receiving any pay, the BLS does not evaluate you to be unemployed. that is the way that the BLS has tracked those figures for decades, in the experience that they tracked genuine numbers there may have by no skill been a president reelected.

  • ?
    Lv 5
    9 years ago

    Why are you even concerned about trying to make trouble for her? You obviously don't work there anymore, they just didn't formally terminate you.

    Employees never pay into unemployment, only the employer pays into that fund.

    Move on, it's over for you at Subway, find another job.

  • M W
    Lv 7
    9 years ago

    You haven't worked there in two months - consider yourself terminated.

    There is no point in trying to report anyone to anyone. You can band together with employees and try to "take her down", but that is so stupid I can hardly believe you would even think of it.

    Move on, it's over, you don't work there anymore.

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