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NOT SHOWING UP FOR WORK DUE TO A HOSTILE ENVIRONMENT

by PHIL
(AMITYVILLE, NY)



I AM A FINANCE MANAGER FOR AN AUTO DEALERSHIP. I DO NOT EARN A SALARY. IT IS STRICTLY COMMISSION.

THE WORK CONDITIONS ARE ABUSIVE. IT IS TRULY A HOSTILE ENVIRONMENT. BESIDES HANDLING THE AUTO FINANCE, I SELL ALL AFTERMARKET PRODUCTS AS WELL AS WARRANTIES. IN ADDITION IT IS MY RESPONSIBILITY TO COST OUT THE DEAL SHOWING EITHER A PROFIT OR LOSS TO THE DEAL. MY SITUATION IS THAT A COUPLE OF DEALS WERE WRITTEN WITH THE DEALERSHIP TO PAY REMAINING PAYMENTS ON THE CUSTOMERS PREVIOUS LEASE.

THIS AMOUNT IS TO BE USED IN CALCULATING THE PROFIT ON THE WORKSHEET OF THE DEAL. AS A RESULT OF NOT ENTERING THESE FIGURES, THE TRUE PROFIT OF THE DEAL WAS OFF. I MADE AN ERROR.

MY EMPLOYER, WHO HAS NOT HAD ANY MONETARY LOSS DUE TO MY ERROR, FEELS THAT HE HAS THE RIGHT TO CHARGE ME THE COST DIFFERENCE OF THESE DEALS I E PUNISH ME FINANCIALLY...AND AS A RESULT, I GO HOME AFTER A 60 HOUR WORK WEEK WITH 0 DOLLARS AS PAY, AS THEY HAVE DEDUCTED THIS MONEY FROM PROFITS I EARNED ON OTHER DEALS.

WITH LONG HOURS LIKE THIS, IT IS DIFFICULT TO LOOK FOR OTHER EMPLOYMENT TO REPLACE THIS JOB AND/OR SUPPLEMENT MY LACK OF PAY. IT IS DIFFICULT TO CONTINUE TO GO TO WORK KNOWING THAT I OWE THE EMPLOYER MONEY EVERY WEEK.

IN THE NEAR FUTURE, I INTEND TO TAKE THIS MATTER TO SMALL CLAIMS COURT.

THE VERBAL ABUSE/VULGARITY OF MY BOSS AS WELL AS HIS GESTAPO TACTICS ARE INSANE AND I FEEL THAT I NEED TO TAKE SOME DAYS OFF.

I KNOW THAT WHEN I RETURN, I CAN EXPECT A VERBAL BASHING WITH CURSES USED EVERY OTHER WORD. I AM ONLY THERE SINCE THE BEGINNING OF DECEMBER, WHERE PRIOR TO THAT I WAS ON UNEMPLOYMENT.

UNEMPLOYMENT IS LOOKING BETTER EVERY DAY. AT LEAST I HAD MONEY FOR FOOD, ETC...I NEED TO GET OUT
OF THIS SITUATION.

CAN I BE FIRED FOR NOT SHOWING UP FOR A FEW DAYS? MUST I USE THE EXCUSE THAT I HURT MY BACK AND/OR AM SUFFERING FROM EXTREME ANXIETY...OR DOES THE SITUATION AS IT EXISTS JUSTIFY RECEIVING UNEMPLOYMENT IF I QUIT?


Take a breath Phil.

Let's focus.

1. If you just don't go to work without notifying the employer....That's a quit not a discharge, it's called a voluntary quit by job abandonment and you will not be getting unemployment for that.

2. You could call in sick (states do look to see if the final incident for discharges for violation of attendance policies was for illness), but that same policy may require medical documentation.

3. Do you have some kind of written agreement with this employer? Something in writing, that you signed that says the employer can do what they are doing. If you did sign something to this effect, then no, your situation would not justify quitting.

4. If not, and the employer is doing something illegal, then yes, quit and reopen your claim, but I'll bet you the employer fights you on it. An employer may be able to fire someone for what you did, but generally not without warnings and states don't look kindly on punitive monetary discipline, ie, reducing hours, pay, or anything that effects an employees pocketbook instead of more conventional discipline like write-ups, terminations.....

5. The verbal abuse may be good cause if you can prove it and your first step in doing that is to write a letter to someone like HR.

Car dealerships tend not to do the unemployment thing by the book, making it more difficult for them to win at unemployment hearings, but what some do have going for them is the lack of compunction about altering the truth somewhat to fit the situation.

Be careful and check NY's Labor Laws if it's working today.

Chris,

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