Falsifying employee documents - Oregon

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Latest post 05-17-2012 5:00 PM by vakyin. 4 replies.
  • 05-17-2012 4:26 PM

    • joyhoney
      Consumer
    • Not Ranked
    • Joined on 05-17-2012
    • OR
    • Posts 2

    Falsifying employee documents - Oregon

    Hi

    I was recently fired from my job and was never given any reason why. The last day I worked, my husband had come in to work to get my check. He informed me he wanted to talk to the owner of the business because said owner had been on my case all week long and I shouldn't be coming home from work crying. I asked him to just let it go, I was over it and we needed the income. He went to talk to him anyway. According to everyone who saw it, my husband was polite and discreet, whereas the owner of the store told him that he was being inappropriate. My husband came back to where I was working to tell me what happened. A few moments later, the owner came back into my work area looking like he was ready to fight. My husband put his hands up and backed away. The owner asked him what he wanted to talk to him about and hubby said, "My wife has been coming home crying a lot lately. Would you please lay off her a bit."

    The owner started yelling at my husband to get off the property and told me to give him my store keys. My husband asked him if he was firing me. "No" was the answer, "I'm sending her home because she's too emotional to be here." Hubby left, owner and manager and myself were still in the warehouse and owner gave me the option to stay at work or go home for the rest of the day. I chose to leave.

    I had the following three days off. I told other co-workers what was most likely going to happen the night before my normal return to schedule: owner was going to have the manager call me and tell me not to come in the next day. That is almost exactly what happened, with one major exception: I was suspended pending managerial review. I called manager back, got voice mail, left a message asking what I was suspended for and got no response.

    The Friday after I was sent home, I got a phone call from the manager, she got my voice mail and she left me a message stating that she was mailing me my check and that the owner had decided to terminate my employment. Still, no reason.

    So, because I knew that I was most likely going to either be suspended for a week or fired, I went ahead and filed for UI. I got a letter from the Unemployment Department asking a couple of questions - like why was I fired and what did I do to prevent being fired... I filled out the forms and got a call a couple of days ago from Unemployment.

    She asked me for my side of the story, which I gave. She told me that our stories were similar - but very different. She said that the owner had told her my husband had asked him 5-6 times to lay me off so I could stay home with the kids (an outright lie. He works from home so he can be home with the kids). There had been a write-up in Feb for a procedural discrepancy on my part. When I got and signed the write-up, there was absolutely nothing on there about a 90-day probation. She asked me if I knew about any probation, which I did not. According to the case worker, it was on the write-up form - in a different hand. She even said "it looks like this was added after the fact."

    I know I wrote a book to get to the point. Is the doctoring of my employee files illegal? What recourse do I have?

    Thank you

  • 05-17-2012 4:38 PM In reply to

    Re: Falsifying employee documents - Oregon

    joyhoney:
    I know I wrote a book to get to the point. Is the doctoring of my employee files illegal?

    It's no crime.

    joyhoney:
    What recourse do I have?

    If unemployment gets denied you file an appeal and keep filing appeals till the appeal process is exhausted.

    Meantime look for another job.

    You've got no other recourse against your former employer.

    By the way, your husband got you fired. He had no business going to your workplace to confront your employer about your employment issues.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 05-17-2012 4:40 PM In reply to

    • LG81
      Consumer
    • Top 25 Contributor
    • Joined on 01-03-2010
    • Posts 4,338

    Re: Falsifying employee documents - Oregon

    joyhoney:
    Is the doctoring of my employee files illegal?

    Not in and of itself.  However, it is illegal for either an employer or an employee to lie to the unemployment office.  Proving a lie could prove difficult.  If it was written in after you were given the reprimand, there is no way to know if it was written in when it was placed in your file or only written in for UIC purposes. 

    All you can do at this point is be open and honest in your filings.  If the unemployment department initially denies you, you can appeal until you exhaust all appeals.  Make sure to watch the due dates on any correpondence; if you miss a deadline, it is very difficult (sometimes impossible) to get the department to give grace.

    No matter how "polite and discreet" your husband was, it was completely inappropriate for him to come in and talk to the manager.  It sounds like you probably understand that.

     

  • 05-17-2012 4:49 PM In reply to

    • joyhoney
      Consumer
    • Not Ranked
    • Joined on 05-17-2012
    • OR
    • Posts 2

    Re: Falsifying employee documents - Oregon

    Thank you for your responses.

    Yes I did understand that. I asked him not to a couple of times. I even told the manager and the owner that I asked the husband to not say anything. I talked to my husband about it later and he told me that he really wasn't planning on doing anything other than getting my check and depositing it in the bank. The kids were out of school that day and had seen me crying at lunchtime, which is something I rarely, if ever, do.

    I really feel like the weight of the world is off my shoulders, not having to work for this particular person ever again. Quite honestly, if the job scene had been any better here, I wouldn't have worked for him as long as I had - almost 3 years. He's a horrid little man (I know, there's no law against that).

  • 05-17-2012 5:00 PM In reply to

    Re: Falsifying employee documents - Oregon

    Yep, hubby's actions were the killer, but since he was a jerk it sounds like it will work out.  Good luck.

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