Workplace illegal activity?

JonnyR214
JonnyR214 Posts: 228 Member
So I know this has nothing to do but I needed to know someone else's opinion on this. I've been working in this retail store for about 2 years and a month. I still get paid the same amount I started off with, 7.25. At this job the men do more work than the girls, the men have to sweep and mop the entire store, work in the shoe department, help customers, and do stock work. The girls are cashiers, work in clothing, and one girl will stand by the fitting room all day and sweep it when done. Now over the course of these 2 years, my duties changed, I have the position of lead stock because I do shipment, put shipment on the floor, change up the window each month, In charge accepting the shipment in the shoe department, and along with all the other duties. However, I still get 7.25 an hour, I was supposed to be made a keyholder as told by the district manager and he never did anything. I know I should just quit but other jobs havent hired me, I've asked for a raise and the district manager told me straight up, if anyone here asks for a raise, they're getting fired. Simple as that. Could I report them to department of labor for this? I work stressful 8 to 12 hour days and idk how I can do this anymore
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Replies

  • Tony_Brewski
    Tony_Brewski Posts: 1,376 Member
    Sorry bro in this economy I'd say nut up and show up each day until you find something better. The company I managed for 5 years just got bought out thankfully they hired me on, back at the bottom of the ladder. It's a job it pays my bills and keeps my family fed. Can't argue that much. Tough it out man that's all I can say. Start a stink now and you'll be out the door with no income.
  • TyTy76
    TyTy76 Posts: 1,761 Member
    What exactly is illegal??

    You're making at least minimum wage, yes?
  • NotRailMeat
    NotRailMeat Posts: 509 Member
    Doesn't sound like anything illegal to me. Suck it up or find a new job are probably your only choices.

    Not to be an a-hole, but my opinion would be to get a good education so you'rr not stuck working for $7.25 an hour in retail.
  • DalekBrittany
    DalekBrittany Posts: 1,748 Member
    Get a new job. If no one will hire you, then perhaps you aren't applying in the right places. The women and men have different job descriptions, it sounds like, but you're all the same level (just an employee, not a manager/elevated employee, etc) so it makes sense that you get paid the same rate, low as it may be. So complaining because the men should get paid more was really pointless to the actual question at hand. To which I have to say, look up your state laws. Are you an at-will employment state? Because if so then your boss is within their right to fire you for an non-discriminatory reason.
  • xinit0
    xinit0 Posts: 310 Member
    It's not illegal... until you get fired for asking for a raise. They wouldn't say it's for asking for a raise, but that "you just didn't fit in" or that you "are a disruptive person with your bad attitude" or "we've been getting complaints."

    You'd need to actually get fired first to try to nail them on this threat.

    So, go ask for a raise.
  • cmcollins001
    cmcollins001 Posts: 3,472 Member
    Maybe you just need to be a cashier or work in clothes.
  • whierd
    whierd Posts: 14,025 Member
    Lol, illegal.

    Sorry brah, but a job like that is going to squeeze every ounce of work they can from you without an increase in pay. There is nothing illegal about it as you have no contract and are an at-will employee.

    Finding a better job is your only option.

    And I am pretty sure that firing someone for asking for a raise is NOT illegal, but it may depend on your state.
  • DalekBrittany
    DalekBrittany Posts: 1,748 Member
    It's not illegal... until you get fired for asking for a raise. They wouldn't say it's for asking for a raise, but that "you just didn't fit in" or that you "are a disruptive person with your bad attitude" or "we've been getting complaints."

    You'd need to actually get fired first to try to nail them on this threat.

    So, go ask for a raise.

    Unless he's signed at at-will employment agreement. In which case they can fire him for any reason except discriminatory reasons (race, religion, etc.) and they also can't fire you for reporting legitimately illegal or suspicious activity.
  • JustJennie1
    JustJennie1 Posts: 3,749 Member
    It's not illegal... until you get fired for asking for a raise. They wouldn't say it's for asking for a raise, but that "you just didn't fit in" or that you "are a disruptive person with your bad attitude" or "we've been getting complaints."

    You'd need to actually get fired first to try to nail them on this threat.

    So, go ask for a raise.

    Unless he's signed at at-will employment agreement. In which case they can fire him for any reason except discriminatory reasons (race, religion, etc.) and they also can't fire you for reporting legitimately illegal or suspicious activity.

    Even if he signed a contract they can't fire a person for discriminatory reasons. And in truth they CAN fire you for discriminatory reasons it is then up to you to prove that's what they fired you for. No company is going to say "I'm sorry but I just found out you're Catholic. You're fired." They CAN say that the person isn't working out or isn't the right fit when it is, in fact, because they are Catholic.
  • whierd
    whierd Posts: 14,025 Member
    It's not illegal... until you get fired for asking for a raise. They wouldn't say it's for asking for a raise, but that "you just didn't fit in" or that you "are a disruptive person with your bad attitude" or "we've been getting complaints."

    You'd need to actually get fired first to try to nail them on this threat.

    So, go ask for a raise.

    Unless he's signed at at-will employment agreement. In which case they can fire him for any reason except discriminatory reasons (race, religion, etc.) and they also can't fire you for reporting legitimately illegal or suspicious activity.

    Even if he signed a contract they can't fire a person for discriminatory reasons. And in truth they CAN fire you for discriminatory reasons it is then up to you to prove that's what they fired you for. No company is going to say "I'm sorry but I just found out you're Catholic. You're fired." They CAN say that the person isn't working out or isn't the right fit when it is, in fact, because they are Catholic.

    I assume you misread her post.
  • JustJennie1
    JustJennie1 Posts: 3,749 Member
    It's not illegal... until you get fired for asking for a raise. They wouldn't say it's for asking for a raise, but that "you just didn't fit in" or that you "are a disruptive person with your bad attitude" or "we've been getting complaints."

    You'd need to actually get fired first to try to nail them on this threat.

    So, go ask for a raise.

    Unless he's signed at at-will employment agreement. In which case they can fire him for any reason except discriminatory reasons (race, religion, etc.) and they also can't fire you for reporting legitimately illegal or suspicious activity.

    Even if he signed a contract they can't fire a person for discriminatory reasons. And in truth they CAN fire you for discriminatory reasons it is then up to you to prove that's what they fired you for. No company is going to say "I'm sorry but I just found out you're Catholic. You're fired." They CAN say that the person isn't working out or isn't the right fit when it is, in fact, because they are Catholic.

    I assume you misread her post.

    No, I read it.

    Perhaps you should read mine?
  • syedsaad
    syedsaad Posts: 156 Member
    the only thing that might be illegal depending upon where you working is not getting paid over time as you said you even do 12 hours shifts.
  • xinit0
    xinit0 Posts: 310 Member
    I assume you misread her post.

    No, I read it.

    Perhaps you should read mine?

    You're both fired.
  • whierd
    whierd Posts: 14,025 Member
    It's not illegal... until you get fired for asking for a raise. They wouldn't say it's for asking for a raise, but that "you just didn't fit in" or that you "are a disruptive person with your bad attitude" or "we've been getting complaints."

    You'd need to actually get fired first to try to nail them on this threat.

    So, go ask for a raise.

    Unless he's signed at at-will employment agreement. In which case they can fire him for any reason except discriminatory reasons (race, religion, etc.) and they also can't fire you for reporting legitimately illegal or suspicious activity.

    Even if he signed a contract they can't fire a person for discriminatory reasons. And in truth they CAN fire you for discriminatory reasons it is then up to you to prove that's what they fired you for. No company is going to say "I'm sorry but I just found out you're Catholic. You're fired." They CAN say that the person isn't working out or isn't the right fit when it is, in fact, because they are Catholic.

    I assume you misread her post.

    No, I read it.

    Perhaps you should read mine?

    Bolded the relevant part.
  • JustJennie1
    JustJennie1 Posts: 3,749 Member
    It's not illegal... until you get fired for asking for a raise. They wouldn't say it's for asking for a raise, but that "you just didn't fit in" or that you "are a disruptive person with your bad attitude" or "we've been getting complaints."

    You'd need to actually get fired first to try to nail them on this threat.

    So, go ask for a raise.

    Unless he's signed at at-will employment agreement. In which case they can fire him for any reason except discriminatory reasons (race, religion, etc.) and they also can't fire you for reporting legitimately illegal or suspicious activity.

    Even if he signed a contract they can't fire a person for discriminatory reasons. And in truth they CAN fire you for discriminatory reasons it is then up to you to prove that's what they fired you for. No company is going to say "I'm sorry but I just found out you're Catholic. You're fired." They CAN say that the person isn't working out or isn't the right fit when it is, in fact, because they are Catholic.

    I assume you misread her post.

    No, I read it.

    Perhaps you should read mine?

    Bolded the relevant part.

    Perhaps I should have clarified my comment. Sorry:

    "Even if they signed a contract, in which case they can't be fired for any reason without having a breach of the contract, they still can not be fired for discriminatory reasons either."

    ETA: Please don't take my comment as snarky either. It is not meant to be viewed that way.
  • SteelySunshine
    SteelySunshine Posts: 1,092 Member
    Sorry to hear that dude. I have no good advice to give. I tend to light things on fire when I don't get my way. My temper tantrums at a few places I have worked are legendary. I once threatened a "customer" with a broom if she didn't leave because at that point she was trespassing. I chased a co-worker with a rep for knife carrying she had actually threatened other people with the said knife. The next day she came back and threatened a manager with a pair of scissors and was then arrested. Anyway, I don't play that. Give me a raise or suffer the consequences and no that won't be I quit cuz I am not going to do that til I see tears running down your face or steam coming from yer ears. I guess what I am saying is I would likely start a mutiny of with everyone and have a day where everyone walks off the job. I only did that once though.
  • Merrychrissmith
    Merrychrissmith Posts: 231 Member
    An employer may not discriminate in certain categories. The Civil Rights Act of 1964 has heavily influenced the way that courts determine the protected groups under discrimination laws. The Civil Rights Act of 1964 prevents discrimination in educational facilities and public workplaces. Under the Civil Rights Act of 1964, a person may not be discriminated against due to the following:

    Age
    Pregnancy
    National Origin
    Race
    Ethnic Background
    Religious Beliefs
    Sexual Orientation

    There may be a few more Federal issues like genetic information under the Affordable Care Act (aka Obamacare) and other legislation. Each state may have some additional categories.

    An employer can legally discriminate. Some example are a criminal record, being bald, having the wrong color eyes. In Right to Work states you can be terminated frm employment for no reason, including the fact the boss doesn't like you (if not for the wrong reasons, see above). Contracts, Union and private may restrict this.
  • xinit0
    xinit0 Posts: 310 Member
    An employer may not discriminate in certain categories. The Civil Rights Act of 1964 has heavily influenced the way that courts determine the protected groups under discrimination laws. The Civil Rights Act of 1964 prevents discrimination in educational facilities and public workplaces. Under the Civil Rights Act of 1964, a person may not be discriminated against due to the following:

    Age
    Pregnancy
    National Origin
    Race
    Ethnic Background
    Religious Beliefs
    Sexual Orientation

    Guess which of the above some employers still use to discriminate - legal or not? Age, pregnancy are biggies.
  • RGv2
    RGv2 Posts: 5,789 Member
    the only thing that might be illegal depending upon where you working is not getting paid over time as you said you even do 12 hours shifts.

    It's not OT until you pass 40 hrs.

    Dude, I went 2 years without a raise from 2008-2010. When I did get a raise, it was a whole 2%. I went out and found a better job.
  • DalekBrittany
    DalekBrittany Posts: 1,748 Member
    the only thing that might be illegal depending upon where you working is not getting paid over time as you said you even do 12 hours shifts.

    Uh, no. It's not overtime unless he gets to more than 40 hours per week.
  • DalekBrittany
    DalekBrittany Posts: 1,748 Member
    the only thing that might be illegal depending upon where you working is not getting paid over time as you said you even do 12 hours shifts.

    It's not OT until you pass 40 hrs.

    Dude, I went 2 years without a raise from 2008-2010. When I did get a raise, it was a whole 2%. I went out and found a better job.

    You forget it's retail he's working in. He might not even get a raise.
  • RGv2
    RGv2 Posts: 5,789 Member
    the only thing that might be illegal depending upon where you working is not getting paid over time as you said you even do 12 hours shifts.

    It's not OT until you pass 40 hrs.

    Dude, I went 2 years without a raise from 2008-2010. When I did get a raise, it was a whole 2%. I went out and found a better job.

    You forget it's retail he's working in. He might not even get a raise.

    I'm not forgetting....I'm stating that a raise isn't always just given to you.
  • JonnyR214
    JonnyR214 Posts: 228 Member
    Sorry, to add more onto it there's been other situations, where the roof was flooded once and they sent me up on it to clean off the roof, then the basement was flooded where we have most of the shoes and we were still forced to go down there just to get customers their shoes. There are days where the district manager comes into the store angry as hell and throws stuff around and tells us to clean up his mess. I don't mean to sound snobby by this topic in any way, and I know that there are worse jobs than mine, the reason I haven't quit is because I always tell myself that others would kill to have this job than the one they have or none at all.
  • TyTy76
    TyTy76 Posts: 1,761 Member
    Sorry, to add more onto it there's been other situations, where the roof was flooded once and they sent me up on it to clean off the roof, then the basement was flooded where we have most of the shoes and we were still forced to go down there just to get customers their shoes. There are days where the district manager comes into the store angry as hell and throws stuff around and tells us to clean up his mess. I don't mean to sound snobby by this topic in any way, and I know that there are worse jobs than mine, the reason I haven't quit is because I always tell myself that others would kill to have this job than the one they have or none at all.

    So....you're being asked to work?
  • DalekBrittany
    DalekBrittany Posts: 1,748 Member
    Sorry, to add more onto it there's been other situations, where the roof was flooded once and they sent me up on it to clean off the roof, then the basement was flooded where we have most of the shoes and we were still forced to go down there just to get customers their shoes. There are days where the district manager comes into the store angry as hell and throws stuff around and tells us to clean up his mess. I don't mean to sound snobby by this topic in any way, and I know that there are worse jobs than mine, the reason I haven't quit is because I always tell myself that others would kill to have this job than the one they have or none at all.

    You are right in that, there are tons of people who would love to even have a job. You *may* be able to take it to the labor board for those cases, but you'd have to have proof, and you may not even have a case.
  • RGv2
    RGv2 Posts: 5,789 Member
    Sorry, to add more onto it there's been other situations, where the roof was flooded once and they sent me up on it to clean off the roof, then the basement was flooded where we have most of the shoes and we were still forced to go down there just to get customers their shoes. There are days where the district manager comes into the store angry as hell and throws stuff around and tells us to clean up his mess. I don't mean to sound snobby by this topic in any way, and I know that there are worse jobs than mine, the reason I haven't quit is because I always tell myself that others would kill to have this job than the one they have or none at all.

    This may have gotten tricky.

    What position were you hired for?

    What is the job description (what duties are asked of the position)?

    Is there anything in the description that states "And other duties as needed, asked, etc...."
  • MinMin97
    MinMin97 Posts: 2,674 Member
    They are taking advantage of you. Ask very nicely for what you want. Just listen to the reply they give you. If it is not favorable, take it to the higher up manager and do the same....ask very nicely. Just note their replies without fighting them. If they are also unjust, take it to the relevant gov't agency.
  • AprilRN10
    AprilRN10 Posts: 548 Member
    Education is the answer to this question.
  • Espressocycle
    Espressocycle Posts: 2,245 Member
    You're living in the wrong country or the wrong era. Workers don't have many protections in this country. At-will employment, right to work, no unions, stagnant minimum wage. Rather than be asking for a raise, you should be happy they even give you full-time hours - most places overhire these days and make people come in for three hour shifts with no notice. This is Ronald Reagan's America, we're just living in it.

    If you get fired for asking for a raise, they probably won't be able to prevent you from getting unemployment, but that's about it.
  • TyTy76
    TyTy76 Posts: 1,761 Member
    Let me just say that with the job outlook like it is, most places are using employes for other jobs.

    It's part of being a grown up.