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MrsBrady Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 10:18 PM
Original message
I was fired yesterday, but not due to the recession.
Edited on Sat Feb-21-09 10:22 PM by MrsBrady
I was fired from my job as a valet yesterday. I have never been fired before.

I am back in college to finish a music degree at a local university. My dear sweet husband (I just had my 2nd anniversary), wanted me to go back to finish my degree.
So after jumping through a lot of hoops, I’m in my second semester back. I’m hoping to graduate this fall, but it will probably be next spring.
I bought a car while we were dating, and I still have a car payment. So I needed a college type job to at least make the car payment since hubby is covering everything else right now.

I needed something with odd hours to work around my class schedule. So I thought that this valet job would do the trick.
This company, which operates at DFW airport, is one of the 3 companies that do valet service there.
When you are hired, they make you sign a form saying that you understand their policy that they will deduct $100.00 from your paycheck if you take the wrong car to the airport.
The procedure is that they send the customer/car info to a phone/radio. You verify the info on the phone with the car assigned. A no-brainer it seemed to me. Sure, no problem.

If you have never been a valet (and I had never been before now), one would think that you would remember every Lexus and BMW and Audi and Hummer and whatever that you drive.
Not so. Car after car after car and customer name after customer name---I just don’t pay attention anymore. After a while, it’s all the same.
I get the car info, check it with the car, get in and go. We don’t have much time to waste. Must be on time with the right car. Sure, no problem.

I don’t know what other people do, but I never get into a car without checking. I never not check. They have their staff so in fear of making mistakes.
They even have another $100 fine policy if you even back out of a space outside of their procedure.
I didn’t really think too much about the policy, because I knew I would always check and recheck to verify I was taking out the right car.
Why should I worry if I know I’m checking? Sure, no problem.

Well, not so fast. A couple of Saturdays ago, on Feb 7th, I supposedly took the wrong car to the curb.

When you get the car to the airport you have to “click” on your phone that you have put the car at the correct terminal/gate. Ok -- at that point the info is off your phone forever.
So here they are telling me I took the wrong car, when I know I checked. I know that I checked because I always do. Period. But I have no proof.

But that is not good enough for them. No “first time warning”, no “let’s see if there is something wrong with the system”, no “let’s see where the break down was”, no “are you sure you checked?”….nothing.
The employer’s attitude was: you are wrong, sign the form, we take $100.00. It didn’t matter for three solid months I hadn’t made one mistake.
I wasn’t even certain that I had made a mistake. I’m still not. I know I checked the phone info with the car.

This next part is merged with conversations with two different managers, but the gist is…
They told me I took the wrong car out. Impossible, I said. I always check.
But they insisted that there is no way that the system sent me the wrong car, that dispatch sent the wrong car, or that the phone could be wrong.
A glitch is not possible. They have the computer records to show that I took the wrong car.
I insisted that I don’t know what other people do, but I always check. Period.
And that there is no way for me to show what was on my phone because that info, as they already know, goes away, and I have no record.
They insisted that they have the correct record.
To them I was wrong, end of discussion. Sign the “discipline” form. And they take $100.00 of my money.
To them, there was no negotiation…no way I was right, I was wrong. I HAD to sign, according to them.

Well, in Texas, the only way they can take your money is if you sign. Maybe they didn’t know I know this, but I know it.
So I told them that I didn’t work for free and that they couldn’t have my money.
Essentially it was sign the form or I would have to “turn in my things”.
So I said to the second supervisor (and the last) while he was trying to get me to sign the form…,
“So essentially either I sign or I’m fired. Either you get to take my money or I’m fired.”
He said, “I’m not firing you.”
I said, “Well, if I don’t sign you just told me I would have to turn in my things. So what would you call that?”
At that point he stood up and said “I’m not arguing with you. Let’s just get your things.”

I had heard more than one person talk about this kind of treatment from management.
But I didn’t think much about it. I know I check MY phone. They felt pressured to sign or lose their job.
Boy, how I wish I had understood.

I know Texas is an “at will” state, but can they actually threaten you with your job like this? Sign or leave?
Maybe they expected me to just sign my money away? Excuse me, I actually need my money. That’s why I’m working.

I would have stayed if they hadn’t asked me to leave yesterday. In fact, I was even on the clock through the end of the day on the 7th.
I had talked with one manager last Friday on the 13th, but I told him I wouldn’t sign. I still worked that Friday night and my shift on Saturday.
And I was even clocked in for just over an hour before they got rid of me yesterday.
So, this is so urgent for them, and I was such a horrible employee that they kept me on for the 7th, 13th, 14th, and even had me work an hour yesterday????
I guess I think they just expected me to sign away my money. Everyone else seems to cow down.

But they also have high turn over. Hmmmm, you think? I thought management was horrible before this, but the job was working for me as far as my schedule was concerned.
I’m sure they don’t want me around if I’m not going to be cowed down. These people apparently don’t know how to manage staff without fining or firing them.
No wonder they have such turnover. If they only knew what their employees say about them when they are in the transport vans on the way back to the car lot.

But is that legal to threaten you with you job like that? Is it legal to try to coerce your employee to sign away their money?
Essentially: sign the form or else?

I would like to take my concern about this treatment to some agency somewhere, but I don’t know where to start.
Maybe there is nothing here that I can be done. But if there is, I would like to know.

I just want the public to know how they treat their employees. I am tired of workers getting treated like crap. I am concerned about myself of course, but I am fortunate compared to them.
My husband is working. Hopefully I can find something else. But what about the workers there that actually NEED the income, depend on it for rent and food, not just a car payment like me?
And they too have to sign or else?

Maybe OSHA should find out that they have non-working or pulled out seatbelts in some of their employee transport vans.
Or that they like to leave the lights off and you can’t see your way around the garage.
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David Dunham Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 10:24 PM
Response to Original message
1. You should report them to the better business bureau and mabe sue them
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tammywammy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 10:24 PM
Response to Original message
2. It's a right to work state, so yeah they can fire you for anything
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MrsBrady Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 10:26 PM
Response to Reply #2
3. yea, I know they can fire me...
but it's the coercion that bothers me more than getting fired.
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bkkyosemite Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 10:26 PM
Response to Original message
4. They probably fired you so you couldn't collect unemployment but go to the employment office and
and state this case that you always check and re-check and something is not right. Certainly worth a try. I complained when fired once and got my unemployment.
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bkkyosemite Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 10:29 PM
Response to Reply #4
5. Oh and this right to work is BS. I lived in Idaho and it was a right to work which means it's
Edited on Sat Feb-21-09 10:29 PM by bkkyosemite
run (state) by the good ole conservative boys....bs Those red states just love to keep us a slave class.
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MrsBrady Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 10:30 PM
Response to Reply #4
8. I wasn't full time. I think you have to be full time in Texas
to claim unemployment.


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katanalori Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 10:35 PM
Response to Reply #4
14. go for it -
I LOVE the ideas in your last two lines. Fight fire with fire. They are JERKS. I am finally seeing why we need that Employee Free Choice Act and Unions. I would not be surprised if they "create" the transgression to collect the $100. It adds up for them if they do it enough. crooks. expose them.
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TheDebbieDee Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 11:07 PM
Response to Reply #4
19. "fired you so you couldn't collect unemployment"
Sorry, but that doesn't make sense. A person cannot file for unemployment unless they are fired.

If a person quits their job, they are not able to for for unemployment, right?
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bkkyosemite Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 11:27 PM
Response to Reply #19
22. Thanks I didn't word that correctly. What I meant is she thinks they fired her for reasons she
states were not true. I meant to say they fired you and think they have the proof to make you think you cannot file a claim. Sorry tired tonight.:-)
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drmeow Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 11:49 PM
Response to Reply #19
27. delete
Edited on Sat Feb-21-09 11:50 PM by drmeow
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Tangerine LaBamba Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 10:29 PM
Response to Original message
6. You signed the form when you took the job,
and, as you said, Texas being an at will state means you're out of luck. They are perfectly within their rights to fire you.

That's what "at will" means, and when you didn't sign the form that would have allowed them to take the $100 out of your paycheck, you breached the contract you had with the employer. At that point, they could fire you.

Hell, they could have fired you at any time for anything they pleased.

Suck situation, and I'm sorry this happened to you, but save your energy for your studies, your marriage, and your next job - which, I hope, will be a whole lot better than the one you're just out of. Leave them behind and go forward into your beautiful future, thankful that you're not the guy who fired you. Imagine what his life is like, working THAT job.

Yuk.
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MrsBrady Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 10:32 PM
Response to Reply #6
10. it's not the firing that bothers me
it's the coercion.

And signing the form was part of the package when they hire you.
I guess that's how they get you.


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Tangerine LaBamba Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 10:34 PM
Response to Reply #10
11. It wasn't coercion
You didn't like being in that position, where you claimed one thing and they claimed another.

If they had computer records to back up their assertion, their claim of error is pretty solid.

That is exactly how they get you.
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FreeJG Donating Member (304 posts) Send PM | Profile | Ignore Sat Feb-21-09 10:30 PM
Response to Original message
7. Never change!!!
there are so few non sheeple!
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FreeJG Donating Member (304 posts) Send PM | Profile | Ignore Sat Feb-21-09 10:34 PM
Response to Reply #7
12. The only reasons you cannot collect umemployment are
1. Assault
2. Stealing
3. Quitting

So, you just put down you were fired, and they will take a statement from you...(don't forget to let them know you continued to work), they'll take a statement from your employer...and make a determination.

You will receive unemployment compensation. You also have a payin requirement, that I'm sure you have met, if you have worked elsewhere before.

I hope this helps.
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MrsBrady Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 10:42 PM
Response to Reply #12
15. I don't think I've worked enough this year..
and I wasn't full time...
so I'm out there, I think, but I will check.
I just need to get something else.

My husband was sweet about it, and said he was really proud of me...so there's that :)
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No.23 Donating Member (517 posts) Send PM | Profile | Ignore Sat Feb-21-09 11:41 PM
Response to Reply #7
26. I'm so glad that you said this...
in the blunt way that you said it.

Rectal cavities. acting as managers, can get away with this kind of sheep manure only because the people who work for them permit it.

Courageous Mrs. Brady didn't only pay the price of having rectal cavities for bosses. She also paid the price of working in a workforce of sheep.

Our "leaders" are only irresponsible because we permit and empower them to be that.

By acting like sheep.
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MrsBrady Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-22-09 12:05 AM
Response to Reply #26
29. you talk like my husband
honey, is that you? :)
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No.23 Donating Member (517 posts) Send PM | Profile | Ignore Sun Feb-22-09 12:22 AM
Response to Reply #29
31. No, I'm not.
But he sounds like a wise man, if he shares that perspective.

Who also made a wise decision in partnering up with you.

:)

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MrsBrady Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-22-09 12:31 AM
Response to Reply #31
33. welcome to DU
I've been hanging out here for just over a year now. We are addicted. Luv it!

I don't have any more heart's to give away, but welcome!

:toast:
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MrsBrady Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-22-09 12:29 AM
Response to Reply #29
32. ooops delete
Edited on Sun Feb-22-09 12:30 AM by MrsBrady
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baldguy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 10:31 PM
Response to Original message
9. Legal extortion.
Even if they were wrong in fact, they weren't in practice - and they will never be wrong in practice.
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w4rma Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 10:35 PM
Response to Original message
13. Yup, American businesses are copying Chinese sweat shops. (nt)
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Berry Cool Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 11:02 PM
Response to Reply #13
18. Actually, the Chinese have layoff protections that we don't.
Do you know anything about what a company has to do in China in order to legally get rid of workers? It isn't that easy. The government makes it a pain in the butt. Whereas, in the US, unloading employees is a comparative breeze.
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sam sarrha Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 10:49 PM
Response to Original message
16. it's obvious they were trying to just rob you.. split the money up..
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Hippo_Tron Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 10:57 PM
Response to Original message
17. See if you can find a job on campus
Given the recession they may be looking for part-time student workers to do work they would normally hire full-time people for given that they can pay students a bit less and don't have to pay benefits.
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AdHocSolver Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 11:26 PM
Response to Original message
20. My advice is to forget about this job and not take any action that may jeopardize future employment.
If this was a part-time, short-term job, your best action is to pretend it never existed. Don't apply for unemployment compensation so that your experience at this company will not be on record.

It is safe to assume that they would not be a good reference, and you are better off not having to explain what happened. Even if they believe your side of what happened, potential future employers will, especially in these difficult economic times, simply toss your application if you were involved in any conflict with a former employer.

If somehow a future employer ever finds out about this job, never criticize this company. Merely state that there was a difference of opinion about what occurred and you left that employment. No future boss wants an employee who will argue with them. Don't give them the idea that you might be a "troublemaker". Standing up for your rights is seen by most bosses as being a troublemaker.

Good luck in finding a better job.
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MrsBrady Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 11:33 PM
Response to Reply #20
24. I won't be filing unemployment
it was a part time job, and I have not been working enough.

this is one of those kind of jobs you don't put on your resume anyway. I have plenty of other work experience.
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SheilaT Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 11:36 PM
Response to Reply #20
25. A brief comment about the good reference thing.
I've recently been fired from two different jobs. The first, at an art gallery, for "unbridled exuberance". Yeah, I thought the same thing.

The second from a law firm for not being sufficiently attentive to detail. In all honesty, this firing was justified, although the firm could have worked with me to make me a better employee. However, I want to reiterate, this firing was justified.

The most important thing I want to say about this is that I'm letting these two jobs simply disappear from my resume. I no longer work with the placement agency that got me those two jobs. I've been doing temp work, and NO ONE questions the gaps in my experience. Heck, I have a 25 year gap where I stayed home to raise kids, and no one blinks at that. I recall back in the '70's when if you had a twenty minute gap in your resume you had to explain it in great detail.

So letting this job disappear will be remarkably easy. And, as AdHocSolver said, don't ever directly criticize this employer to any future employers. But if you let this job disappear, it will be astonishingly easy not to criticize the invisible employer.
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1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-22-09 12:03 AM
Response to Reply #20
28. exactly. if you must account for the time, list your employment as a part time job on campus...
mopping floors in the infirmary or making meals in the commissary. whatever.

colleges can never account for all of the part time students they employ. and no employer would ever check on them.

you agreed to the terms of your job and you got fucked with.

that's why they call it "fucking with you..."



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marybourg Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 11:27 PM
Response to Original message
21. Texas Workforce Commission
Edited on Sat Feb-21-09 11:29 PM by marybourg
http://www.twc.state.tx.us/twcinfo/whatis.html

This is the agency that administers unemployment insurance in Texas and they should be able to advise whether it's legal in Texas for an employer to "fine" an employee in the course of the employee's job.
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SheilaT Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-21-09 11:28 PM
Response to Original message
23. My first thought, only half way through you post,
was that this is a company that sets things up so they can get rid of employees after only a short time, and your comment towards the end about the turnover confirmed that.

First of all, ALL states are "at will" states as far as employment goes. If you do not have a signed employment agreement that states otherwise, all employment is at will. All employment, all states. Those of you who are union employees have different rules.

First of all, do file for unemployment benefits, in case you are eligible. Then contact whatever local civil liberties group or other progressive group that might possibly help out. This is going to take longer to figure out. I don't live in Texas, so I don't know what might be the appropriate group. Do contact your local state senator and representative, even if they are Republicans. No matter what, you are a constituent. I don't think contacting your Congresscritter would help, but you could still contact that person, no matter what his/her party affiliation.

Also, there's probably some kind of state employment agency or board. Contact them. What you are dealing with cannot be handled in a couple of phone calls. And you yourself will not benefit from whatever you do. You signed an employment agreement that allowed these despicable people to fire you like this. What you need to care about is future employees.

I have recently been fired, also for the first time in my life, and I'm 60. In my case, I was fired justly, because I really wasn't doing the work the way it needed to be done. The details don't matter, but I do understand how demoralizing it is to be fired, even if justified. Your firing wasn't justified in the same way. You'd wound up with a company that had a system making it easy to fire employees. If you can find other employees and document the typical lenght of time before firing, that might be very interesting, and might possibly interest the National Labor Relations Board.

Your comment about OSHA, while interesting, and possibly worth pursuing, might also lead you astray. This isn't an OSHA issue. It's an NLRB issue.

Meanwhile, do what you can to find other work. Anyone who's willing to do this job, is clearly willing to work at whatever she needs to to earn a living, and I commend you for that. Hang in there.
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LisaL Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-22-09 12:20 AM
Response to Original message
30. I would say, just let it go. I don't think you'd get anywhere.
Edited on Sun Feb-22-09 12:27 AM by LisaL
And don't list it on your CV.
Although I am not sure about the legality of taking money out of the paychecks, but I am not a lawyer.
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