always changing the rules

[meshel]

I live in Ohio. I work at a local store. WE have never had a handbook to go by for rules and regulations. He just makes them up on a day-to-day basis. The only person he really seems to be directing all his bitterness at is me. Now granted I am a plus size woman, but I have always been on time and even came in earlier than I was suppose to and when he needed someone to work more time he would call me and I work any where from 60-70 hours overtime. In the last year and a half things have been changing. He brought a new guy into the store (his son-in-law) to help him. He has since become very nasty, threating, harrassing, disciminating, and rude. In fact we had a meeting once with everyone that worked there at the time and one issue was that you could only have 6 call offs without a doctors note, now today they said to me it was 4 and wrote me up and told me the next time I would be fired. There are others who work there who have missed the same amount or more and nothing happen to them. Do I have anything I can do besides quitting?

 

[cbg]

That depends. What is the reason for which you think he is singling you out? If you had to guess, what would you say? It could make a difference whether it is actionable or not.

 

[meshel]

Honestly, I think it is my wieght. The man who owns the store was trying to sell it and the new guy who was in the process of purchasing it but fell through and since then his attitude has been this way towards me, The guy who was purchasing the store said, he would fire all of us, because we weren't pretty enough, exspecially me because I was obese and bad for business, but not the one who has blonde (bottled) long hair and is tall. Since then she will do anything for attention by the owner and the son-in-law (she was even dancing in front of him, the son-in-law, one night. He said to her, "I didn't think you could move like that".) They won't make her work Sundays or holidays, but everyone else has to--she said she would quit if she had to work a Sunday--so they never put her on, it's her family night to see her kids she says HA!!!! she goes to play bingo. Before all this she never cared about anything in this store she would call of on a whim. Now it's totally different nasty looks, nastiness all around.

 

[Beth3]

Obesity isn't a protected characteristic, so you don't have any cause of action based on that. Nor is playing favorites because he finds one of the employees is more attractive than others.

I've read your posts several times, trying to determine if there is a potential claim for gender discrimination here but I'm not seeing anything concrete on that score either.

You sound like a great employee and someone that another employer would be happy to have working for him/her. My best advice to you is to start looking for a new job and when you find one that you think you'll be happy with, give this jerk you're working for now two weeks notice. And then smile all the way out the door.

 

[meshel]

See it doesn't bother me because I am a great person. But he has never had an employee handbook or any type of outline for guidelines at my place of work. But he keeps putting orders out there and changes them when they fit the need. He has never put them on paper never signed anything nothing.

 

[Beth3]

meshel - that's not illegal. There are no laws that require an employer to have a Handbook, and no laws that prohibit a company owner from being capricious or inconsistent. It certainly can lead to legal troubles depending upon the issue and whether the owner finally "pushes the envelope" into discriminatory or prohibited areas but so far, that does not appear to have occurred.

 

[meshel]

Well ya know what-- that sucks-- cause I have been the one who has been there when he needed someone to work the holiday or all day cause unreliable people. I've put the time in. One set of rules for the favorite and one set for the step child who has been there. Plus the fact that I have no protection from anything he does well fing fang.

 

[Beth3]

I agree - that does stink. And your recourse is to "fire" this employer by finding another job where they'll appreciate all your efforts and treat you better.

 

[meshel]

just out of curiousity what is your background for being able to assure me that your answers are of the utmost assurance that I have no recourse of any action?

 

[Beth3]

I am a senior HR generalist (VP of HR for a mfg. company) and have 25 years of experience working with employment law and related matters.

You are of course free to consult with an attorney if you would like confirmation of what I've shared with you.

 

[meshel]

I didn't mean to offend it's just any joe can get on the internet say whatever. I just can't believe that being part of a franchise no one cares how the employees are treated. Guess I just have to believe in what comes around goes around. thank you for your help.

 

[Beth3]

meshel - you are absolutely right to be skeptical of legal answers you receive on a public bulletin board. Anybody can post answers and you don't know me from a sack of potatoes. There certainly are other posters here who offer legal advice whether they know a thing about employment law or not. No offense intended, none taken.

Good luck I hope your next job turns out to be a much more pleasant experience.