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District Manager is forcing me to resign and will not provide HR contact info

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Bella_2016

Junior Member
North Carolina: I'm a salaried manager in a restaurant and a month ago I witnessed the General Manager and shift leader doing things they were not suppose to be doing. Not ringing food up and pocketing the money, I was asking the shift leader a question about how to do something and he says "f'ing white people man" I asked the GM why he was so angry with me and she blows it off and laughs that he is just upset bc he didn't get the management position and I was hired in as management. After a couple weeks of observing their behavior, I wanted to cover my own tail so I reported the activity to the district manager. I had to go up the chain of command. I told him that I wanted it to be confidential bc I already noticed and discussed the GM's Retaliatory nature with other employees. She made remarks afterward saying "I'll find a reason to fire all of you" "I don't know why they hire f'ing idiots to work here, If I had my old team I wouldn't need any of you" I reported this to the district manager and he obviously told her anyway bc for the next week I was hearing my comments from all the employees. Most appreciated them and was glad a manager had their best interest in mind. I found out by other team members that the GM and district manager are really close and she saved him his job during a sexual harassment investigation. She was chosen as GM by default. That's why their turnover is so bad bc if she doesn't like you, she will find a reason to fire you.

A couple weeks ago, I had to write up a cook for cursing me out, slinging the mop bucket and being very hostile. I had to ask him to clock out. I had a witness sign it etc. I asked the GM what would she do if it happened to her? She said she would fire him. I asker her to please contact HR bc he was showing so much hostility on my shift. He started saying "sexual things" I wrote him up for that and he refused to sign. The GM laughed and said I was being Sensitive. I kept asking has she heard back from HR? She said no. I have all the text messages and documents for my statements btw. The cook starts showing up an hour before his shift and coming in saying things he shouldn't. He rubbed his privates on my back in the walk in. I'm short, he is tall. So I told the GM to contact HR bc it's getting out of hand. She ignores everything I say bc she says I just don't want him working there. In the mean time, I was told by the district manager that it would be investigated but nothing was done. When I told the District Manager what happened he told me I didn't need to talk to HR that it's his decision. I told him I didn't feel it was handled appropriately and I didn't feel comfortable at work.
I requested a copy of the handbook to see if he was even allowed to show up an hour before his shift. Note:Some places this is considered loitering and against policies. The GM never turned his write-ups in and the district manager never consulted with HR. The filing cabinet was switched to a locked filing cabinet and the write-ups (had disappeared) Though I have copies of my own. I requested for days the key to the filing cabinet. The GM ignored it. She finally gives me a key on the 23 of this month. She calls out all week. I was told on the 4th incident with the cook which was Christmas Eve that they would find out if he could be terminated and for me to make him leave the property if he returns. He was once again, making remarks, cursing me, giving me the finger, sitting out in his car revving the motor. I immediately called the GM at home so she could hear him. She told me she would take care of it. I then call the district manager to let him know what had happened and he said he definitely needs to be terminated, his behavior was unacceptable. I told him to please do something before Monday so I wouldn't have to work with him harassing me while I'm working. He was getting more hostile than ever.

The following Monday rolls around the cook walks in. I immediately called the district manager since the gm was out for the week. He did not answer. So I remembered to tell him what the GM told me to say the other night. I politely told him that due to the incidents at work, HR was going to review the write-ups and he couldn't work with me on my shift. He goes outside after yelling awful things once again at me. Calls the police himself. He said he was on the schedule to work and he wanted the police to make me let him work. The cop comes inside to talk to me twice, and told me he understood exactly why I asked him to leave. He said he was hostile acting with him and he didn't blame me. After arguing with the cop for an hour and the cop explaining I wanted Hr to investigate bc I didn't feel safe at work with him there. He then tells the cop I threatened to shoot him. OMG! So that's a lie and the cop knew it was too. He said "she threatened to shoot you and your wanting to go to work with her today?" The cook said yes, that he was on the schedule and I'm f'ing with his money. The cop said if he's caught on the property again that he would be arrested. The cop comes back in to talk to me and I told the cop I didn't feel comfortable being at work so I had to leave. I started having anxiety really bad. I talked to the district manager and told him I needed HR's number and what had happened. He told me that I should've let him come in and do his job. I disagreed and told him I wanted to talk to HR myself. I had called in a cook already to cover the shift so I don't know how it's my fault. He refused to give me their number and refused to answer me back. I was taken off the schedule the following day and told I asked to resign. Which isn't true. What are my rights? Do I have a right to talk to HR? How do I contact them? 3 team members are wanting to discuss retaliation issues, sexual harassment, and confidentiality with HR but they flat out refuse to give the information. Would contacting EEOC do any good? I asked to be moved to a different location but he refused to move me. Any advice on how to handle this and move on. I don't want to work there but this was all handled very inappropriately.

Thanks
 
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cbg

I'm a Northern Girl
Yes, you can (and should) talk to HR. What's stopping you from looking up the number on your own?
 

Bella_2016

Junior Member
No contact info can be found

Yes, you can (and should) talk to HR. What's stopping you from looking up the number on your own?

I've tried googling the HR department for the number but nothing pops up. I even went to the corporate headquarters website. I'm not 100% sure if it's in NC but the numbers I get are not working numbers. I guess I don't know how to find who or which location they are in. I can't really explain without giving away the company name but I'll just say it's a franchise that has lots of locations and very popular.
 

cbg

I'm a Northern Girl
I sent you the main headquarters phone number. You will have to ask the switchboard to connect you to HR.
 

Chyvan

Member
I was taken off the schedule the following day and told I asked to resign. Which isn't true

File for unemployment. State the reason as "discharged." If you had pretty steady employment for the last 18 months, file now before the quarter changes on Jan 1.
 

commentator

Senior Member
Yes, its sounding to me like you worked there way too long anyhow. I'd think leaving would be a blessed relief. And I would not think it was inappropriate for you to contact an attorney and run this by them as it appears that your management team may have permitted you to work in conditions where sexual harassment and different treatment of female and male team members was being permitted based on their gender and/or race.

But in the meantime, FIRST of all, as it has been pointed out to you, FILE FOR UNEMPLOYMENT TODAY. This will be before the quarters change and will in most cases, pick up more unemployment for you, provided you have been employed during the last 18 months. If you have had any blank quarters in there, or didn't work anywhere before you began this job, it may be slightly different. But first of all, file the claim for unemployment before the end of the year. It sounds very much like you have been terminated. You did NOT ask to resign, and there is no virtue in saying you quit instead of being fired, which some people do not understand. But if you are fired, the company must, to keep you from drawing unemployment insurance, show that they had a valid misconduct reason to terminate you. It's harder for them to do that.

If you resign, it's harder to be approved, and unemployment insurance is designed to be the first thing you do, whether or not you pursue any other kind of complaint or grievance against them. You will have a decision, and a possible appeals hearing and will know about unemployment long before anything would ever begin to happen related to an EEOC complaint, which may or may not even be something an attorney would help you pursue. If they won't take the case on contingency, be warned, there's no case there.
 

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