I need to know from someone one here please help. Is it illegal for my manager and his manager to hold a public conference call and belittle the technicians and threaten our jobs while on call together? I was warned I would be terminated if don't sell a home warranty and a clean a clean and maintenance per week. I am sick an tired of this treatment, believe me when I say I am desperately looking for a better job, just live in a bad area for jobs. I am calling HR to file a complaint
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Nothing they are really asking of you, IMO, constitutes "constructive dismissal" (https://en.wikipedia.org/wiki/Constructive_dismissal) yet it wouldn't be a bad idea to check the thresholds in your state and/or consult with a labor attorney.
Mostly, I just want to bring constructive dismissal to the table, because you can absolutely walk away from a job that where "employer places extraordinary and unreasonable work demands on an employee to obtain their resignation" and get unemployment – because at this point, you have been effectively fired.
I'm not saying YOU actually meet that threshold. I am not a lawyer. I'm just saying that the route is available for those who meet the requirements in their state, and it couldn't hurt to assess your current relationship to determine if you do. Unemployment isn't spectacular pay, and IMO, given how short unemployment runs, I think it's best to endure and keep looking for another job. Let the company fund your job search. It typically takes over 6-8 months of active job searching before you find a new job.
Leave it.
They did lay me off, because I refused to insult my own profession by lying, cheating and stealing for their benefits.
They did me a huge favor. If I was not pushed away, I would never get my current job, which I enjoy and cannot wait to get on work after the weekend.
Leave stress behind. It's not worth.
While they technically COULD fire you on so,emjob performance basis they also probably won’t fire you because they can’t replace anyone effectively. Look for another job, go down with the ship or do both. Worst case you get some unemployment. Don’t call HR. Most likely the worst case is if they’re mad they make you drive around a lot more so you’ll get less favorable places to go to all over the place, unless your area is for some reason swarming with techs. If you call HR you will get that, possibly cut hours, and not gain anything except the ire of those you complain about.
Not illegal until they fire you. Don't worry they wont fire you. It is just a threat (with no teeth) to get you to do more. All managers do this to get more for the same salary. If they do fire you without cause, then you have a lawsuit. One option is to file a complaint with the labor board for harrasement. Try to get a recording of the managers doing this so you have some evidence. Just make sure it is legal in your state to record a conversation without the other persons consent.
DO NOT CALL HR!!
@kvg+13asW43h... notice how police departments catch hell for having “Ticket quotas”, why should retail quotas be any different? Setting arbitrary quotas targets, just because that’s what “management” wants is wrong! Often times these quotas are completely unrealistic targets to reach.
There were two ways to beat back Aylwin Lewis top grading strategy from the field:
1). Outsell everyone else
2) Get dirt on top performers and management, more specifically illegal and/or unethical conduct that could be proven using data from SHLD systems.
The best thing you could be back then was a target who knew how to shoot back. It usually encouraged management to pick other targets and leave you alone.
As stated, HR is not your friend. They haven’t been since the Merger and Alwyn L.
He believed in getting rid of the bottom 20%. It was called top grading and as a member of management, we went through an exercise every year under the disguise of Talent Management to identify those associates and put a plan in place to remove and replace those bottom 20% performers. You could be a hero one year and a bum the next year. His plan was to hire from the outside and have all new management in 5 years. Anyone that had been around any length of time was a target.
That was the beginning of the end and the beginning of Eddie hiring people with zero experience to run retail. AL was with KFC prior to Kmart. It was all part of EL’s plan to ruin the company and take over the real estate. It became obvious with the wrong metric focus.
Can’t make this stuff up!
consider moving to a community with more opportunities. Good luck
leave now the ship has sunk, if your a good tech find a job with a plumbing contractor..
theres life after sears
HR will throw you under the bus and start making a case to get rid of you. Seen it first hand several times.
This is how A&E operates now. Your primary role is sales. Your secondary role is appliance repair. If you do not sell, you, and possibly your TM, will be terminated.
This is not illegal, nor is it harassment or discrimination. Filing a complaint with HR will result in retaliation against you: cut your hours/days, or, 13 calls and 8 hrs of drive time.
The expectation is to sell one SHW per month. Incredibly, some techs sold over 200 SHW last year.
Some techs add on 1-3 c&m onto collect calls, don't clean anything, and the members never notice.
Management claims this is the "Secret to Sears' Success", but in reality the #1 reason for technician turnover.
It may be cause for you to collect unemployment at least, under the umbrella of a Hostile environment,
Everything is fact dependent. Find a lawyer who will give you a free consultation to see if you have a cause of action. Don't go to HR, they work for the company, not you.
- file complaint
- job search
- drink a craft beer
- go to your safe space
preferably in those steps
Got to your safe space...
File a complaint and file another complaint with your state's Labor Board.
No, it's not illegal.