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Old 01-30-2016, 08:50 PM
 
13,131 posts, read 20,995,508 times
Reputation: 21410

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Quote:
Originally Posted by hbdwihdh378y9 View Post
What in the world are you talking about?
In the state of Virginia (and 37 other states) you are legally considered terminated from your employment if you are told by your employer to leave and they stop providing you with a work schedule and they are not paying you during that period. You can file for unemployment.

It's the same as when you submit a two weeks notice resignation and the employer ends the work relationship on the spot and sends you away and does not pay you up to the resignation date. That is also considered being terminated and actually often results in full benefits because they terminated you for a reason other than misconduct.

In the OP's case, once they sent her mother home and did not pay here for those days, she was terminated from her employment. It doesn't matter under unemployment regulations if they call it a suspension, discipline, or an investigation; being told not to come in and not getting paid for that time mean you were terminated.
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Old 01-31-2016, 05:31 AM
 
10,746 posts, read 26,022,258 times
Reputation: 16033
Quote:
Originally Posted by castaway365 View Post
Lol. Well she usually has her girlfriend around when she is working the front desk, the GM doesn't fly like that, and she's black not Indian so I would say she's not screwing anyone higher up.


So she's black, what does that have to do with 'sleeping to the top'? That covers all races...not just white ya know....and your comment screams racism.


One thing that struck me in your op was the word 'confront'...good managers do not confront their employees..they have a conversations with them. I bet your mother talked to this girl like she'd talk to one of her kids...and that's not appropriate. Does is warrant name calling? No, it doesn't. Both parties in this situation were wrong, but your mom, being a manager should have the knowledge and skills to communicate effectively with an employee.




Anyway...no need to go to HR, they'd take the GMs side and no need to sue...your mother doesn't have a case to sue.
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Old 01-31-2016, 06:22 AM
 
Location: Seattle
3,573 posts, read 2,882,281 times
Reputation: 7265
HR Manager here. If your mother came to me I'd attempt to clarify her employment status with the GM and recommend she apply for UI benefits, but that the extent of it.

A lawyer will only bill for the time and say nothing to pursue here.
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Old 01-31-2016, 07:55 AM
 
2,702 posts, read 2,765,657 times
Reputation: 3950
Mother needs to find a new job and let this go. It'll only get uglier from here.

Though I cringe at the attitude of my generation these days. This girl has a job and she's bitching about 'me' time. Well damn, at least you have a job...
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Old 01-31-2016, 08:36 AM
 
Location: broke leftist craphole Illizuela
10,326 posts, read 17,429,546 times
Reputation: 20337
Your mother is for all practical intents and purposes fired. As others have pointed out they are trying to get her to quit to avoid paying UI. She needs to file and find a new job. Your mother got out-politiced and there is no basis to sue.
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Old 01-31-2016, 11:11 AM
 
Location: Portlandia "burbs"
10,229 posts, read 16,301,087 times
Reputation: 26005
Quote:
Originally Posted by Chaofan View Post
It sounds like the young woman who made the complaint is the favorite or protégée of someone higher up in the company.

That was my thought, too. She knows "somebody".
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Old 01-31-2016, 11:14 AM
 
4,633 posts, read 3,465,808 times
Reputation: 6322
Quote:
Originally Posted by castaway365 View Post
Yes she is white. The young girl is black.
I knew it. You don't have a case. The company is trying to protect themselves from a discrimination lawsuit. Tell your mother to watch her behavior when dealing with minorities. How many other minorities has she managed? How many other minorities have complained about her behavior? This is important.

ETA

Legally, I don't believe younger employees can bring suit on age discrimination. Someone correct me if I'm wrong. I thought the minimum age for age discrimination was 40.
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Old 01-31-2016, 12:55 PM
 
4,633 posts, read 3,465,808 times
Reputation: 6322
Quote:
Originally Posted by Kim in FL View Post
So she's black, what does that have to do with 'sleeping to the top'? That covers all races...not just white ya know....and your comment screams racism.
Apple doesn't fall too far from the tree.
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Old 02-02-2016, 05:01 PM
 
320 posts, read 353,631 times
Reputation: 395
Quote:
Originally Posted by Sockeye66 View Post
HR Manager here. If your mother came to me I'd attempt to clarify her employment status with the GM and recommend she apply for UI benefits, but that the extent of it.

A lawyer will only bill for the time and say nothing to pursue here.
Many thanks, glad to hear it straight from HR.

Quote:
Originally Posted by treemoni View Post
I knew it. You don't have a case. The company is trying to protect themselves from a discrimination lawsuit. Tell your mother to watch her behavior when dealing with minorities. How many other minorities has she managed? How many other minorities have complained about her behavior? This is important.

ETA

Legally, I don't believe younger employees can bring suit on age discrimination. Someone correct me if I'm wrong. I thought the minimum age for age discrimination was 40.
The majority of the staff is black and she has never had a problem with them in the past. Everyone seems to get along and work together effectively except for this one apple. I'm starting to feel that others are right about her knowing someone because most everyone there thinks she is the most annoying ball of false joy on earth.
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Old 02-02-2016, 05:32 PM
 
320 posts, read 353,631 times
Reputation: 395
Quote:
Originally Posted by Kim in FL View Post
So she's black, what does that have to do with 'sleeping to the top'? That covers all races...not just white ya know....and your comment screams racism.


One thing that struck me in your op was the word 'confront'...good managers do not confront their employees..they have a conversations with them. I bet your mother talked to this girl like she'd talk to one of her kids...and that's not appropriate. Does is warrant name calling? No, it doesn't. Both parties in this situation were wrong, but your mom, being a manager should have the knowledge and skills to communicate effectively with an employee.




Anyway...no need to go to HR, they'd take the GMs side and no need to sue...your mother doesn't have a case to sue.

Quote:
Originally Posted by treemoni View Post
Apple doesn't fall too far from the tree.
I was letting the people know the ethnicity of the female employee due to the fact that the company is primarily ran by people of Indian decent. The higher-ups of the company are married or are in relations with other people of the same race. Furthermore, the majority of the higher-ups had arranged marriages with the people of the same ethnicity.

The Indian culture emphasizes the importance of marrying and being in relations with people of the same ethnicity. Hence, the reason why I stated that she was black and therefor was not sleeping with anyone higher up due to the fact that they "emphasize" the importance of maintaining their cultural background.

Do not imply that I am racist. The fact that you analyzed and broke down my statement is offensive due to the fact that I was not passing judgement upon her or anyone else's heritage. I was simply stating the facts and the reality of where my mother works.

Back to the topic at hand....
My terminology was manipulated. I did not mean "confront" in the sense of a negative confrontation. What I meant was that my mother presented the problem to the employee in order to reconcile what had happened. My mother's primary focus is to make sure that the scores are not negatively impacted by mistakes, whether they are accidental or done on purpose.
It's been made clear that this specific employee has been known in the past to commit careless mistakes that became harmful to the company's reputation. Unfortunately, my mother is now paying the price for that employee's mistakes because the employee made an elaborate sob story. I am not saying that my mother was in the right 100%. All I am saying is that how the situation was handled by the GM was not appropriate.
Going back to what a poster said earlier who had extensive hotel experience: The hotel is just poorly managed.
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