Those lunch laws are no joke,I've seen employees sue over small things like this and win big money so now companies are so worried about a lawsuit they play by the rules 100% They see it like a truck driver speeding, the delivery was made faster nobody got hurt or fined but it's still against the law. That being said it does sound like there was more to this particular story.
Got terminated
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Originally Posted By: dishdude
How many written warnings were you issued before termination?
exactly....what is the documentation trail that you were made aware of. If you were aware of nothing, then you have a legal position to make a stance.
On the other hand, is you state a 'right to work' state? Depending upon that....they can just terminate without reason. If you have documentation from your HR person that there is a performance reason....a history of poor performance (actually working too long during lunch)....depending upon your state labor laws you either have a case or you don't.
If you can put some fear into Lowes Corp....you might walk away with a package.
But I will tell you....these national corporations and their national HR Dept's are not idiots and they probably have their bases covered in you case. Although, you should investigate.
How many written warnings were you issued before termination?
exactly....what is the documentation trail that you were made aware of. If you were aware of nothing, then you have a legal position to make a stance.
On the other hand, is you state a 'right to work' state? Depending upon that....they can just terminate without reason. If you have documentation from your HR person that there is a performance reason....a history of poor performance (actually working too long during lunch)....depending upon your state labor laws you either have a case or you don't.
If you can put some fear into Lowes Corp....you might walk away with a package.
But I will tell you....these national corporations and their national HR Dept's are not idiots and they probably have their bases covered in you case. Although, you should investigate.
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Bottom line-In retail, everything is pretty much at will. At my company..good luck with that, their lawyers will eat you alive! One of the many reasons I want out...I am in that same position, as I'm not far from a "target" here, as I know some inside stuff (been here a while), and new management doesn't like people who know their stuff...
Agree with Pop...got to be something greener. I know I'm working on it....
Agree with Pop...got to be something greener. I know I'm working on it....
Sorry to hear about this Whimsey, best of luck going forward though.
Retail usually has very high turn over of employees. Its difficult to try and sue a big box retail chain.
They can fire you for almost any reason and get away with it.
They can fire you for almost any reason and get away with it.
Trash managers can be male or female.
My favorite boss was a female. Very inspirational to all her employees and always said how she would put us up against other (larger) stores with confidence. She was my boss up until she went up the corporate ladder. Not bad for just a high school education IMO.
My favorite boss was a female. Very inspirational to all her employees and always said how she would put us up against other (larger) stores with confidence. She was my boss up until she went up the corporate ladder. Not bad for just a high school education IMO.
Originally Posted By: Nick R
Originally Posted By: jeepman3071
Originally Posted By: Nick R
It's always hilarious when employees get fired for working hard.
How is that hilarious?
Don't get me wrong. It's really [censored]. It's really hard to convey sarcasm via text. Specifically, when I say "hilarious" what I mean is, I've worked retail before. Quite a bit. And there are [censored] employees who do nothing, and just laze around, and nothing ever happens to them. But it always seems like it's the ones who work hard and go above and beyond that get canned.
Others have said something I was thinking. He has been there for almost 10 years, it probably has something to do with pay. I lost one of my previous retail jobs for the same reason. They canned me under a pretense that was a complete lie (similar situation, claiming I didn't take breaks I was supposed to), but the store manager was good friends with the HR representatives at corporate. And you know what? The person they hired in my place made $2/hr less than I did. What a coincidence.
Ohh okay, I see now.
I agree about the pay thing as well. The sad part is the company is too stupid to realize that they are actually making less money because the customers aren't purchasing as much. I'd rather pay the $2 more an hour for the experienced employee who will sell more kitchen designs to happy customers than the employee who makes $2 less but is inexperienced.
This corporate stupidity is the exact reason we all get [censored] customer service, or lazy workers who don't want to do a good job. Why would they want to do a good job when they will be penalized for it?
Originally Posted By: jeepman3071
Originally Posted By: Nick R
It's always hilarious when employees get fired for working hard.
How is that hilarious?
Don't get me wrong. It's really [censored]. It's really hard to convey sarcasm via text. Specifically, when I say "hilarious" what I mean is, I've worked retail before. Quite a bit. And there are [censored] employees who do nothing, and just laze around, and nothing ever happens to them. But it always seems like it's the ones who work hard and go above and beyond that get canned.
Others have said something I was thinking. He has been there for almost 10 years, it probably has something to do with pay. I lost one of my previous retail jobs for the same reason. They canned me under a pretense that was a complete lie (similar situation, claiming I didn't take breaks I was supposed to), but the store manager was good friends with the HR representatives at corporate. And you know what? The person they hired in my place made $2/hr less than I did. What a coincidence.
Ohh okay, I see now.
I agree about the pay thing as well. The sad part is the company is too stupid to realize that they are actually making less money because the customers aren't purchasing as much. I'd rather pay the $2 more an hour for the experienced employee who will sell more kitchen designs to happy customers than the employee who makes $2 less but is inexperienced.
This corporate stupidity is the exact reason we all get [censored] customer service, or lazy workers who don't want to do a good job. Why would they want to do a good job when they will be penalized for it?
planned attrition:
lowes is doing what most businesses do to keep their salary base low, get rid of tenured employees.
They will hire someone for much less than you in a few weeks.
sorry, this is common practice.
what you can do?
call fox4 tv and report it. blog about it, write to lowes corp and give them notice.
call state dol and log complaint, get an attorney for wrongful dismissal.
but you will be surprised to learn that it is the crazy state laws that ding employers for employees NOT taking lunch, NOT taking breaks, this is what most employers are scared of and they are hardlined about these also inturn.
lowes is doing what most businesses do to keep their salary base low, get rid of tenured employees.
They will hire someone for much less than you in a few weeks.
sorry, this is common practice.
what you can do?
call fox4 tv and report it. blog about it, write to lowes corp and give them notice.
call state dol and log complaint, get an attorney for wrongful dismissal.
but you will be surprised to learn that it is the crazy state laws that ding employers for employees NOT taking lunch, NOT taking breaks, this is what most employers are scared of and they are hardlined about these also inturn.
Originally Posted By: antiqueshell
Originally Posted By: Pop_Rivit
Ignore the heedless advise about getting even with the "mangeler". Use this as an opportunity to move on to bigger and better things. I'm willing to bet that 6 months from now you'll look back and realize that this is the best thing that could have happened to you. But only if you have the courage to embrace it and turn it into something positive. You can do it, now go out and make it happen.
Fact is the job situation for most folks is NOT rosy, so if the OP liked the job he should fight to keep it. It isn't Lowes that is the problem it is the local mangler, I not saying he should concentrate on getting her canned, but if that happens so be it.
As is your modus operandi, you spend your time shifting blame to management and claiming that the job situation is "not rosy". The original poster could choose to sink to the level you suggest and spend his time wallowing in self pity and blame someone else. Or he can choose to pull himself up and use the experience to better himself.
Everyone has a choice; some people will take any situation and use it to their advantage, and others will spend their time wagging their fingers and claiming all of life's problems are the fault of someone else. My guess is that the original poster take ownership and turn this into something positive rather than wallow in a stagnant pool of "mangler" induced self pity that is your world.
Originally Posted By: Pop_Rivit
Ignore the heedless advise about getting even with the "mangeler". Use this as an opportunity to move on to bigger and better things. I'm willing to bet that 6 months from now you'll look back and realize that this is the best thing that could have happened to you. But only if you have the courage to embrace it and turn it into something positive. You can do it, now go out and make it happen.
Fact is the job situation for most folks is NOT rosy, so if the OP liked the job he should fight to keep it. It isn't Lowes that is the problem it is the local mangler, I not saying he should concentrate on getting her canned, but if that happens so be it.
As is your modus operandi, you spend your time shifting blame to management and claiming that the job situation is "not rosy". The original poster could choose to sink to the level you suggest and spend his time wallowing in self pity and blame someone else. Or he can choose to pull himself up and use the experience to better himself.
Everyone has a choice; some people will take any situation and use it to their advantage, and others will spend their time wagging their fingers and claiming all of life's problems are the fault of someone else. My guess is that the original poster take ownership and turn this into something positive rather than wallow in a stagnant pool of "mangler" induced self pity that is your world.
Sorry about you losing your job. On principle I will boycott them for my box store needs. "Lowes, lets mess something up together".
Hardwork is definitely an asset but playing the rest of the game well properly is key to success and sustaining a job in the corporate world and likely retail.
Some folks posting have not learned this. It took me a few layoffs to realize I did not play the game properly either. I work a little less hard at my core job to sustain my manager relationships.
Some folks posting have not learned this. It took me a few layoffs to realize I did not play the game properly either. I work a little less hard at my core job to sustain my manager relationships.
Originally Posted By: Nickdfresh
I worked for a company that was a bit psycho, I received at least two written reprimands because I worked over six hours without taking a lunch. Of course, the owner was a major [censored] with a Caligula complex and always had ex-workers after him. I asked him about it and he said he didn't care how long I went but had to write me up to CYA, but other than that it didn't matter.
I suspect there is some bizarre corporate politics here that defies any logic...
It's because of state and federal laws. There's big fines for violating them.
I had a supervisory position in Buffalo a few years back. I had to make sure that every employee working on my shift took a lunch break because we could get in trouble if they didn't. And there were all sorts of regs about when they could and couldn't take them. For example, I couldn't let them go home a half hour early and call that a lunch break. And if they were late I couldn't have them punch in a half hour after their scheduled start and call that lunch; I had to write them up and then make them take lunch later. We aimed for somewhere around the middle of the shift, without letting too many people go at once (to keep from being short staffed).
I worked for a company that was a bit psycho, I received at least two written reprimands because I worked over six hours without taking a lunch. Of course, the owner was a major [censored] with a Caligula complex and always had ex-workers after him. I asked him about it and he said he didn't care how long I went but had to write me up to CYA, but other than that it didn't matter.
I suspect there is some bizarre corporate politics here that defies any logic...
It's because of state and federal laws. There's big fines for violating them.
I had a supervisory position in Buffalo a few years back. I had to make sure that every employee working on my shift took a lunch break because we could get in trouble if they didn't. And there were all sorts of regs about when they could and couldn't take them. For example, I couldn't let them go home a half hour early and call that a lunch break. And if they were late I couldn't have them punch in a half hour after their scheduled start and call that lunch; I had to write them up and then make them take lunch later. We aimed for somewhere around the middle of the shift, without letting too many people go at once (to keep from being short staffed).
I had a few managers they were real jerks, and were major reasons for going into my own business. If you don't want to go into your own business and enjoyed what you did, stick it to Lowes and work for Home Depot. The only problem is their management sucks too.
Originally Posted By: fdcg27
You mean the person who has local control over payroll may have been working less than she claimed?
It's not as though HR people everywhere don't practice that kind of abuse.
You were there nearly ten years and got fired for taking a longish lunch?
I don't think so.
There must be something more going on here.
Did you get into an altercation with the wrong employee?
It was for taking shorter lunches. I have a copy of the company lunch policy from a few years ago and it did not even require you to take a lunch. I asked if there is an update for the one I have, they ignored my request. You are right about cheesing some one off, it was her 4 years ago, same thing about lunches. When I was being written up for lunches she spouted that it violated Lowe's policy and the state of NJ would fine the store if I didn't take a full hour. I calmly handed her the copy of Lowe's lunch policy and the NJ statute concerning lunch. I proved her wrong in both cases, still got written up though. It's for the better for me. The work load was staggering and my health was suffering. I applied for unemployment and have an interview 12/2. Though hopefully I'll have a decent job by then.
Whimsey
You mean the person who has local control over payroll may have been working less than she claimed?
It's not as though HR people everywhere don't practice that kind of abuse.
You were there nearly ten years and got fired for taking a longish lunch?
I don't think so.
There must be something more going on here.
Did you get into an altercation with the wrong employee?
It was for taking shorter lunches. I have a copy of the company lunch policy from a few years ago and it did not even require you to take a lunch. I asked if there is an update for the one I have, they ignored my request. You are right about cheesing some one off, it was her 4 years ago, same thing about lunches. When I was being written up for lunches she spouted that it violated Lowe's policy and the state of NJ would fine the store if I didn't take a full hour. I calmly handed her the copy of Lowe's lunch policy and the NJ statute concerning lunch. I proved her wrong in both cases, still got written up though. It's for the better for me. The work load was staggering and my health was suffering. I applied for unemployment and have an interview 12/2. Though hopefully I'll have a decent job by then.
Whimsey
Originally Posted By: LT4 Vette
Its difficult working retail. It wouldn't surprise me if the OP was making good money and they got rid of him for a part-timer with no benefits. I hope you land another job soon. Something is very fishy if you got fired for the reason they gave you.
Whimsey,
Are you looking for a career change.... or do you want to continue in the same type of field ?
Any schooling or technical training besides retail ?
Love what I do and just need to find the right place to do it, they out there. I have certificates in transportation/distribution and a Bachelors degree in Finance. Worked in the corporate world and didn't like it. I'm 60 so my job opportunities are limited.
Whimsey
Its difficult working retail. It wouldn't surprise me if the OP was making good money and they got rid of him for a part-timer with no benefits. I hope you land another job soon. Something is very fishy if you got fired for the reason they gave you.
Whimsey,
Are you looking for a career change.... or do you want to continue in the same type of field ?
Any schooling or technical training besides retail ?
Love what I do and just need to find the right place to do it, they out there. I have certificates in transportation/distribution and a Bachelors degree in Finance. Worked in the corporate world and didn't like it. I'm 60 so my job opportunities are limited.
Whimsey
Originally Posted By: dishdude
How many written warnings were you issued before termination?
In December of 2013 I got a written warning for 47 hours of sick time in 12 months. I have lyme's disease and the this HR person is well aware of it. AFTER the write up she said I should have applied for FMLA intermittent leave. They would not reverse the write up, even though it was really HR's fault for not informing me of what needed to be of what needed to be done to avoid the problem. The second write up in early spring was for the lunch situation. I received a 3rd write up because I supposedly did not get enough credit card applications for a 2 week period. Which is absolute bull dung. in 2012 they came up with a new program called "Lowe's employee of the future". They said at least 30% of the existing employees would be gone within 2 years. They were right.
Whimsey
How many written warnings were you issued before termination?
In December of 2013 I got a written warning for 47 hours of sick time in 12 months. I have lyme's disease and the this HR person is well aware of it. AFTER the write up she said I should have applied for FMLA intermittent leave. They would not reverse the write up, even though it was really HR's fault for not informing me of what needed to be of what needed to be done to avoid the problem. The second write up in early spring was for the lunch situation. I received a 3rd write up because I supposedly did not get enough credit card applications for a 2 week period. Which is absolute bull dung. in 2012 they came up with a new program called "Lowe's employee of the future". They said at least 30% of the existing employees would be gone within 2 years. They were right.
Whimsey
Sounds like it was a [censored] place to work for a long time, including excessive work load such that it was damaging your health and a miserable boss/HR rep.
Why did you stay so long?
Why did you stay so long?
I thank everyone for responding. It's for the better and I'll survive just fine. It's not worth it to sue, costs a bloody fortune and Lowe's is lawyered up, trust me. If I don't have another job by the time of my unemployment interview and the HR person gives me a hard time I will play hard ball. ...your were terminated because you didn't take a full hour lunch, which violated neither NJ labor statutes or even Lowe's own policy and procedures...hmmm.
Whimsey
Whimsey
Originally Posted By: BowNisPar
Sounds like it was a [censored] place to work for a long time, including excessive work load such that it was damaging your health and a miserable boss/HR rep.
Why did you stay so long?
In the early years Lowe's was a decent retail company to work for. I made decent money, the harder I worked the more I made. Yes, some of the managers were a'holes but because of the money and the fact I really enjoyed doing the design work I overlooked where I worked. In 2012 Lowe's took our incentive money away, I lost 20% of my pay and any opportunity to make any more money though hard work. I most likely would have lost another 20% of my pay in the near future due to the way they restructured the pay for the people hired before Feb 2012. They actually did me a favor in a strange sort of way. I feel better and look forward to rejoining the workforce doing what I enjoy and at a better place,
Whimsey
Sounds like it was a [censored] place to work for a long time, including excessive work load such that it was damaging your health and a miserable boss/HR rep.
Why did you stay so long?
In the early years Lowe's was a decent retail company to work for. I made decent money, the harder I worked the more I made. Yes, some of the managers were a'holes but because of the money and the fact I really enjoyed doing the design work I overlooked where I worked. In 2012 Lowe's took our incentive money away, I lost 20% of my pay and any opportunity to make any more money though hard work. I most likely would have lost another 20% of my pay in the near future due to the way they restructured the pay for the people hired before Feb 2012. They actually did me a favor in a strange sort of way. I feel better and look forward to rejoining the workforce doing what I enjoy and at a better place,
Whimsey
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