Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I have a part-time job at a outdoor retail store. On June 9 I received a written write-up (Performance Improvement Process Action Form) as a result of a disagreement I had with another employee during the previous day. The other employee accused me of "making a threatening physical gesture" as stated in the report.
I empathetically deny making any physical gesture whatsoever. Another manager who was on duty and a few feet away at the time told me that she could not see that I did anything that was physically threatening.
However, the weaselly employee I had the disagreement with complained to my direct supervisor, and my direct supervisor and the store manager accepted his side of the story without considering my point of view. That cowardly employee refused to confront me directly about this and he had the temerity to go behind my back to accuse me of this serious charge and was unable to look me in the eye to make the accusation.
My direct supervisor wrote that "even the percetion of a violation of ***'s Code of Conduct in this area (pp. xx-xx of *** handbook) could in itself well be construed as such a violation." Therefore, as the store manager said to me, even a "perception" of making a physical gesture towards someone is a violation, even if only one person complains and there are no witnesses.
Therefore, what can I do about this completely unfair action taken against me? I am unable to speak with my direct supervisor because he refuses to listen to me and tells me that whatever I do is completely wrong, even though I am one of the most productive salespeople in terms of my contribution to the store's and company's sales revenue. He doesn't even want me to think and will reassign me to a job where I will have minimal contact with customers, even though I am confident that many customers I have dealt with have high regards for my sales and customer service skills.
Therefore, what could I do about this? I want to get this write-up off my record, but I have an obstinate and obdurate ***hole for a supervisor.
I would appreciate advice from anyone about this and let me know if what this company is doing to me is fair, legal, and ethical. I am currently an MBA student but I haven't covered this topic in any of my business classes yet.
Another ironic thing is that the company I work for is ranked by Fortune magazine as one of America's 100 best companies to work for. If something like this happens at one of the "100 best companies to work for," then how could this company maintain such a ranking?
It doesn't sound as if you will be able to do anything in the climate you describe. If the other employee filed this complaint as a means of harassment, you may be able to prevail in small claims court assuming you are able to produce any witnesses to the event. I would be surprised if the other supervisor would be willing to act as a witness on your behalf due to their position in the company. Was anyone else present?
Do you have the ability to file a complaint against the malicious co-worker with your human resources department claiming a hostile work environment? It seems that your management is more concerned about protecting themselves from potential legal action by the other coworker than they are about making things fair. Perhaps you could get fair treatment by showing that they are creating a legal hazard for themselves by not undertaking a true investigation of the issue before issuing warnings. Worst case is that you hasten your departure from this part time job and perhaps your coworker's as well if they percieve you both as legal liabilities.
Posted by Highpointer
"Another ironic thing is that the company I work for is ranked by Fortune magazine as one of America's 100 best companies to work for. If something like this happens at one of the "100 best companies to work for," then how could this company maintain such a ranking?"
IMO, by nipping problems in the bud, before they develop into situations which could affect the operation of the business, employee morale, or customer relations.
Your apparent hostility toward a co-worker and a supervisor does not bode well for your future with this company. I would lose the confrontational attitude or look elsewhere for employment.
Meanwhile, check with the HR dept. to see if they will allow you to have a statement with your side of the story filed with the write-up report. That would be for the benefit of new managers and supervisors who would come on board later, and also to support your case before a labor relations board, should your employment there be terminated later.
Write a nice non-confrontational letter (stating the facts), and in it stress your insistence that the records be cleared up, or the matter is reconciled by some in-house review/arbitration. And, at the very least, also insist that your letter be attached to any record on file.
Send it by certified mail to your HR department, with a copy sent (also by certified mail) to the Home Office HR department.
Do not harp on this matter with the other employee - Ignore them, and do not give them another opportunity to create another incident.
Keep a diary of what happens, and with whom it happens (write down everything that is said), including the other employee. Let them see your diary, and the notes that you are taking.
Last edited by migee; 06-10-2007 at 11:27 AM..
Reason: mis-spelling
Do you work at Wal-Mart in the garden department ?
I don't work for Wal-Mart. I don't believe that Wal-Mart has ever earned recognition as one of the 100 Best Companies to work for. However, if the work environment at one of the "100 Best Companies to work for" appears to be so bad, then it must appear to me that every place must be a bad place to work.
I am midway through an MBA at Arizona State and I have a high level of previously earned education. I get along well with most people at this store but I have conflicts with a few of them. If you want more information, please contact me privately (ken at highpointer dot com).
Posted by Highpointer
"Another ironic thing is that the company I work for is ranked by Fortune magazine as one of America's 100 best companies to work for. If something like this happens at one of the "100 best companies to work for," then how could this company maintain such a ranking?"
IMO, by nipping problems in the bud, before they develop into situations which could affect the operation of the business, employee morale, or customer relations.
Your apparent hostility toward a co-worker and a supervisor does not bode well for your future with this company. I would lose the confrontational attitude or look elsewhere for employment.
You appear to be accusing me of having a confrontational attitude. I have no such attitude. However, I have some solid opinions and I don't agree with everyone I deal with. For example, my political leanings are conservative, yet I know that both the employee I had the altercation with, and my direct supervisor are very liberal, and the culture of this corporation is liberal and its headquarters are located in one of the most liberal metropolitan areas of the USA.
Does that make me confrontational? Do I have to be a "Yes" man in order to succeed at work?
I am also planning on writing to Fortune to request that they remove this company from its listing of the "100 best companies to work for."
Yes, what happened was wrong. What can you do about it? Nothing. If this is just a minimum wage job, move on. This fortunately, isn't your career. If you must keep working there, minimize your contact with this person by working different shifts/days. Never be alone with this individual. Under any circumstances. There are fights you can win and those you can't win. Be wise enough to know the difference.
It doesn't matter to company X that you have been unjustly accused. All that matters is that their guidelines are followed to the letter. These guidelines are meant to keep them out of court. Avoiding expensive litigation is the name of the game. They don't care about you.
I have to agree with yellowsnow. In as much as it might possibly be a clear cut case of bull, unless your employer steps up to do the right thing, you're out of luck and sadly, if pursued by you, you'll look like an aggressor. I spent a few years on the executive board of a union and saw many, many violations of contracts and agreements by employers .... I know it probably isn't what you want to hear, but I think if I were you, I'd be taking notes and picking my battles. Just my $.02.
Whatever paperwork (documentation) they put in your file, it so they can cover their butts.....in case something develops down the road. They are just following company procedure.
In the end, the reprimand or write-up in your file, is probably where it's going to stay. Whatever it says, most likely will not be conveyed to any person or potential employer, that might want to check your work history.
Most companies CLEARLY have written guidelines, that expressely PROHIBIT any employee from making SPECIFIC REMARKS about anything along these lines. Companies want to avoid LAWSUITS, in the area of defamation, libel or slander. Usually, they just confirm your work dates, your job title and job duties.
If your employer liked you, he or she could go on to SAY GREAT things about you. But most MANAGERS who have an unfavorable opinion or impression of a former employee, will just give the basic info about his work dates, job, duties....etc. And not elaborate any more.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Another manager who was on duty and a few feet away at the time told me that she could not see that I did anything that was physically threatening.
Write up a letter disputing it
