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PoorManQ45
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So, today is going along nicely. Working, no troubling customers, etc...

Then I get a ping from my boss's boss to go into an aux code and come see him.

Back story: I've been working for a Verizon contractor doing helpdesk work since June 7th.

I started taking phone calls on July 6th.

Everyday we are required to have our tools up and ready to go at 8am, the start of our shift. To do this you must come in 15 minutes early to have enough time to get everything launched and ready to go. This time is your own personal time. I was not on the clock.

On Monday July 12th I mentioned to my direct supervisor that this is a violation of both State and Federal labor laws as we are hourly workers being required to work off the clock. He brushed me off and didn't say another word about it.

Now back to today.

I go into the hall to talk to my Boss's Boss. He informs me that his boss gave him the order to "remove" me from the program. I was not given any notification of why this was occurring. My stats and feedback were going well. I clarified that this is a termination and not a dismissal. It is indeed a termination without the option of rehire at a Verizon Data Center.

So, I'm talking to my coworkers who just went on lunch outside. We all agreed that everything I was doing in terms of job performance seemed like it was going just like everyone else. The only conclusion we can come to is that my notification of their breaking the law flagged me.

I'll be filing the claim with the state to notify them of this companies actions. Hopefully something comes of that.

Any input?

Cliffs:
New job going good.
Required to work off the clock.
Notified manager of legality of this.
Fired without reason.


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BusyBadger
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PoorManQ45 wrote:Fired without reason.
If you're not a contract worker he didn't need a reason. Florida is an at-will employment state.

http://www.weblocator.com/attorney/fl/l ... nd.html#40

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AppleBonker
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PoorManQ45 wrote:Any input?
Stop trying to buck the system.

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PoorManQ45
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BusyBadger wrote:
PoorManQ45 wrote:Fired without reason.
If you're not a contract worker he didn't need a reason. Florida is an at-will employment state.

http://www.weblocator.com/attorney/fl/l ... nd.html#40
Indeed. I understand that completely. I termed it like that to say that there was no explanation provided.
AppleBonker wrote:
PoorManQ45 wrote:Any input?
Stop trying to buck the system.
Not sure what you mean? I informed them of wrong doing on their part. I came in 15 minutes early like I needed to. No bucking there.

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AppleBonker
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Being in compliance does not mean you weren't bucking the system. There was no reason to inform them. Regardless of being right, something like that will likely only piss off most employers. An employer pissed at an employee will find a way to let them go.

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PoorManQ45
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Ah, that makes sense.

Now I'm wondering if I can swing this as a wrongful termination due to the perceived situation.

I'm trying to find the site to report the company but am having a hard time...

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AppleBonker
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That is damn near impossible to prove in court. An employer should be able to find a reason to fire people easily. No one (seriously) is the "perfect" emlpoyee. We all have at least one thing we could get dinged for. You'll need one hell of a lawyer to have any shot.

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bigbadberry3
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Is there any remote chance you could be protected as a whistle blower?

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PoorManQ45
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That's what I'm wondering.

Everything I'm reading shows that the "preparing for work" period is "off the clock work" and is not allowed.

Can you help me find the website with submission forms for reporting the company? I've stumbled on it awhile back, but can't seem to find it right now...

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tiger-SE-R
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AppleBonker wrote: There was no reason to inform them
Agreed,

I had a inside sales job that was hourly that "asked" I either come in a half hour early or stay late so that the necessary work could be done in a day, I didn't say anything, I just extended my 15 minute break to compensate.

If you're a "at will" employee, don't you have to sign something saying you acknowledge and that you understand and are aware? I could be wrong, but I thought the employer had to advise you of that in writing.

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Jesda
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PoorManQ45 wrote:On Monday July 12th I mentioned to my direct supervisor that this is a violation of both State and Federal labor laws as we are hourly workers being required to work off the clock.
Oh come on.

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bigbadberry3
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PoorManQ45 wrote:That's what I'm wondering.

Everything I'm reading shows that the "preparing for work" period is "off the clock work" and is not allowed.

Can you help me find the website with submission forms for reporting the company? I've stumbled on it awhile back, but can't seem to find it right now...
Who are you looking to submit your "complaint" to and i'll try and help

EDIT: I'm thinking that an effective means may be the state/federal department of labor each which should have a website.

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SHIFT_COUPE
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Nobody like a whiny b****. Don't rock the boat next time. Instead of being a whistle blower, I think an alternative method would have kept both parties happy. Find a way to extend your break or lunch etc. Its 15 minutes man! I understand you're bothered by the principle of it but I think its overboard. I'm sorry you lost your job. Good luck on the hunt.

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ADDirishboy
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You're screwed. That's about all there is to it.

I've worked at a couple jobs that did things illegally, but I always just kept my mouth shut. I was more interested in having a job than bitching to the boss that they are doing something illegal and end up getting fired. And I was only 16 years old at that time.

You should have just kept your mouth shut, but I wish you luck in finding something that will help you file a complaint on those guys.

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Urabus GodofTraction
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Well now, looks like you paid one hell of a price to be a freedom fighter...

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ADDirishboy
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God damnit Charlie, every time you post it makes me want a glass of Maker's. :yesnod

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numbnuts240
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SHIFT_COUPE wrote:Nobody like a whiny b****. Don't rock the boat next time. Instead of being a whistle blower, I think an alternative method would have kept both parties happy. Find a way to extend your break or lunch etc. Its 15 minutes man!

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Encryptshun
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EDIT* Never mind. After reading your OP again, you should have sucked it up. 15 minutes as prep time to ensure that you are ready to begin delivering your service is a personal performance choice. If it was working unpaid overtime to the tune of several hours per week and if you could prove a discrepancy between physical clock time and paid clock time, then you have a case. Here though, you really dont.
Last edited by Encryptshun on Fri Jul 16, 2010 11:57 am, edited 1 time in total.

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Poyzinous
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I kind of agree that 15 min of your own time should just be something you suck up. Its never really bothered me personally to do some prep or minor assistance that's work related even when I'm not clocked in. It just shows initiative and that you're driven to work hard. Now if something really shady was going on that bothered my conscience, I'd say something. Like when I worked at Subway and the communist north korean manager wanted us to cheat people in ways they wouldn't notice. I didn't comply, was always fair and/or extra generous, and got fired within a few weeks.

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93coupe
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Should've had him touch your bike pipes.

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numbnuts240
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93coupe wrote:Should've had him touch your bike pipes right after you parked it in the lobby.

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Oatmealman
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suck it up,i'm suppose to get a 30 minute break at 1am and it always gets cut short by my boss who tells me to get back to work after about 5-10 minutes.I barely have time to eat lunch.

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Bubba1
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If this was a job you enjoyed, then you were foolish to make the move you did. Yes, you were technically correct. Congrats. What were you expecting to accomplish by telling them about it?? To get a big thank you note from them followed by a raise??? What you actually did was deliver a serious threat to management over a work rule technicality. Then you made matters worse by trying to get your coworkers to capitalize on it with you. And you're wondering why you got fired?? Do you have relatives in Mt. Kisco?

Employers usually reward employees who save them money, and dump those that cost them more money or threaten them. Guess which category you fall under.? :facepalm:

You can't be a turd-in-the-punchbowl at work without repercussions. Sorry about your losing your job, but hopefully you'll learn from your mistake.

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AZhitman
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He won't.

Brien's been like this since Day One.

What's next? Are you gonna tell your next employer that you need to be compensated for the time you spend putting on pants? I mean, technically, you're required to wear pants, and that's gotta be done "off the clock". Showering and shaving likely fall under that as well. Driving to work? Yep, that's off the clock too. Oh - and shopping for work attire? Yeah, you need an attorney. You're gonna make bank, dude! :facepalm:

You got terminated for being a smartass punk, nothing more.

I feel I've wasted the past two years trying to teach you how to navigate the autocross course of life, yet you keep drilling cones head-on.

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flohtingPoint
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AZhitman wrote:I feel I've wasted the past two years trying to teach you how to navigate the autocross course of life, yet you keep drilling cones head-on.
lol... Nice way to put it.

Pretty much what every one else has said. If it's only 15 minutes, it shouldn't have been a big deal. Anything up to an hour and I dont even bother worrying about charging overtime. You dont clock out when you go to the bathroom or get a drink of water.

Take care of the job and (not always, but more often than not) your job will take care of you.

Good luck with your further endeavors and keep your head up.

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PoorManQ45
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You're missing the point.

It wasn't a big deal. It was a passing remark.

My exact phrase was, "We aren't supposed to even touch work equipment before we're on the clock. Federal law says we aren't supposed to perform any work functions without being on the clock."

I actually did come in the 15 minutes early to get everything setup. I was ready to go at 8am. So it wasn't like I was not doing what needed to be done.

It's interesting, when it comes to unemployment there are a lot of "report fraud" forms, but I'm not finding any for this situation. Now that I'm out of the company I would like the company fined of for their illegal work practices.

When I was canned from Stream/Dell we reported them for the same thing. They ended up with a $400k fine and stopped making employees work off the clock. Felt nice :)

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Razi
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This is fun.

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AppleBonker
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PoorManQ45 wrote:It wasn't a big deal. It was a passing remark.
To you. But how do you think that sounded to management?

"By the way, you're making us do something that is illegal"

How else should they take that? Management will always read that as a threat.

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Infinitiguy19
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Wow you guys are tough!

The stop sign says to stop but there are those that don't and get away with it, There are those that slow down when coming to a stop sign but never stop completely at all. They are all in the wrong but since a police officer doesn't see it they get away with it.

If Brien were to get injured while preparing off the clock the company will deny the claim because HE IS OFF THE CLOCK!

I agree with Brien 1000% because Dell would not be fined if Brien was wrong, am I right?!?!

If you don't see results Brien go to the local news companies I am sure they will be interested.

Sad thing is we are not in a perfect world and its always the little guy that pays for it. But if I had a chance to do what was right I would do it.

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Dittoz7
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I agree, but sadly we don't live in a perfect world. Learn to evolve or become extinct.


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