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HEllo:

i have a neice who works full time at a nationally known store. over the years she has received numerous sales and customer service awards. she is in her late 40's. the store recently hired a 22 year old part timer, who is a senior in college. this pt woman graduates in may and hopes to land a higher paying ft position with this company. this woman is very good looking and flirts with most of the managers and upper level management team. the management team loves this pt employee. recently, my neice had a customer go off on her and my neice attempted to defuse this situation and calm her down. the part timer filed a complaint that my neice was yelling at this customer and she was at fault. my neice said this was nerver the case and denies this. she has even offered to take a line detector test. here manager and asst manager took over the investigation and called the customer and the story has now changed. the customer said he never raised his voice, it was my neice. both managers and a human resource person had a meeting with my neice and gave her a final writen warning. they all said that they thought my neice was lying to them and they no longer trust her anymore. my neice said to all of them that she never had her character questioned before and felt that the pt person was lying. they want my neice to sign a letter stating she accepts this warning. my neice said she feels her rights have been violated and is considering hiring an attorney. the human resource woman said there is no need to hire an attorney because you are not fired. with jobs being scarce in this economy, how would you handle this situation? i told her to stay on the job, but start looking elsewhere. what do you think?
steve balistreri
 

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She should document the facts of the situation. Names, dates, times, locations, who said what, etc. The sooner the better, our memory fades with time. With out this her testimony will not be as credible, should it come to that.
 

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Good advice Steve but.... I would suggest your Niece gets the attorney. In this time of reductions in the work force, the warning letter may sway some opinions when it comes time for the cutting. If your niece has legal representation now it may spare her job in the near future. From what you say, say, it doesn't sound like she is a job that is good for her but it would be to her benefit if she had the time to get out of it on her own terms.

Been there done that, tell her to stay strong.
 

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Never understood why anyone would drag a lawyer into it. If you don't like the way you are being treated get another job. Back to the whole freedom thing. You either like freedom or you don't. It is not her company. They should be able to run it the way they want to. If you don't like it have the guts to leave.
 

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Your niece may be on the up and up and she may be the problem? However where would she find another job today? Maybe she should just buckle down and get past it. My wife works for a Beer dist and they are doing very well. The whole upper Mgt team is a bunch of male shovenist that cater to younger good looking women. She hates it there for that reason but she could not get a job right now if she left so she puts up with it for now.
 

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There is nothing human about human resources, they have to sling paper to justify themselves in this economic time. I would start looking. It ain't right it is just so.

Mike
 

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You can stay and let it pass or stay there while you look for a new job. I can't imgaine working someplace where I was seen as a trouble maker at odds with the management while fighting them with a lawyer. Talk about hell on earth.
 

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If she is forced to accept a letter placed in her file, she is also legally allowed to place a rebuttal in the same file. This is pretty uniform in organization's salaried and management personnel practices manuals. She should ask to see the manual for her company and see what redress she has.

Good luck.
 

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I forgot to second the writer who said, "hire a lawyer". She is being placed in what is known as a "hostile environment" and may have rights there, also.
 

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Steve,,,,IMO if she signs the acceptance of the warning, she is also agreeing to their position of the situation. Agree with others that say to document the situation of documentation, especially with the customer's name an dphone number,,,,his story may change again under sworn deposition if it would get to that point,,,,she doesn't need to hire an attorney yet, just get some advice and guidance which she could obtain in interviewing a couple of "labor" attorneys. With today's labor situation, her company may be looking at cutting costs which can be done with a younger employee. CYA - cover your _ _ _.
 

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This is why I work for others. I used to dream of owning my own company. Unless it is a company of one, me, there is no way in today's environment I would ever employ other people. I can't imagine living with the headaches that a modern employer would go through in America. I take my paycheck, go home and don't even think about work until I walk in the office the next day.
 

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Hire the Attorney. Have the Attorney send upper management a letter stating that she would like to take a lie detector test.
Even if they don't give her a test your neice will be on record as being willing to take one.
The letter from the attorney will make them think twice before doing anything again unless they have proof positive and not hear say (she said, he said).
Depending on what state you are in, as the laws change,she should talk to the Attorney so she knows her rights.

P.S.: I had to file suit against my last employer 3 times. They breached our employment contract and tried to beat me out of a lot of money for year end bonuses. Mike
 

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So, your niece's co-worker told mangement that your niece yelled at a customer.

Management then called the customer, who evidently hadn't complained to management.

"the customer said he never raised his voice, it was my neice.", thereby corroborating the co-workers story.

Your niece is lucky she still has a job.
 

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She's a 40 something sales clerk ... they are a dime a dozen and if she had a "final" written warning that must mean she has had other warning in the past ... maybe she is not as well thought of as she thinks or says she is.

Maybe she should go out and find another job or just suck it up and realize the boss is always right and the second she mentioned a lawyer and her rights she signed her own termination ... she just doesn't realize it ... she is already out the door.

With so many people unemployed they can and will find a new person to fill her position before she even has her coat buttoned.

Ya know ... for all those making suggestions of hiring a lawyer and such ... why do you all expect that will solve anything at all? One incident is not enough to get such a stellar employee in trouble ... or enough to get a "final" warning ... there is far more to this story than she is telling her uncle.
 

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Hey fellows its i before e except following c and sometimes w. Just for your edification. BRGII for example niece right neice Wrong.
 

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What about Steve's total lack of grammatical punctuation and such sir? Care to comment or correct him on that at all?

ANOTHER SAR Mr Newbius?
 
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