Legal Question in Employment Law in Virginia

Firstly, I live in Virginia. I worked for a pizza place a was terminated. I walked into work and before I could clock in, I caught the ovens from backing up. Assistant manager was there and i brought up my concerns about my schedule requests not being honored, AGAIN. This doesn't happen to other employees at the rate it does to me. I work only part-time and there are at least 5 full-time team members that have their requests honored. Anyhow, I was unset about this and wanted to have this documented cause i guess it was the straw that broke my back. She responded to my complaint by telling me that it wasn't her problem and that i'm not going to put her in a bad mood. I continued to complain and was told to go home. Still was not clocked in. I then said, knowing there were timed, large orders later in the day, that if she was going to send my home she might as well fire me. I said this thinking that common sense and a stressful, short-staffed, and busy day would be reason enough to use common sense on her part. I guessed wrong and she yelled, "Your f****n fired! Get the f*** out right now!" I was taking off my work shirt, I had another shirt underneath, and took off my hat to return the stores property and she came at me to chase me out of store. She had no idea that i wasn't clocked in and didn't give me a chance to clock out even if i had been. I left immediately and went home.

I also have a photo of a previous incident where I clocked out after my scheduled time because I work another job that i can't be late for. I know other drivers have checked themselves out before and clocked out and not been treated this way in return, and I had left my money on table because I am not allowed to check myself out. When I came in on my next scheduled shift i found my scheduled time to leave for that day and the next day scribbled over with pen. When I asked my general manager what that was about, he said to me, "Because I was mad." This was said in front of the owner, GM, and myself. I took photos of the schedule because i have never seen someones schedule altered in this manner. I felt personally attacked or bullied if you will.

There are many instances of me clocking out, the phone rings and i'm asked to answer the phone. Occasionally we would get busy, I would stay to help out and my time was never adjusted, and i couldn't clock back in without the manager overriding it.

About a year and half to two years ago I was late to work one morning, and was sent home and told to come back at 4:00. I did as was told. At the time my hours every week were well over 30 each and every week except the week following this incident. My hours were cut in half. I know i can not necessarily prove retaliation happen but there in a trend there. My hours were back up to normal the week after they had been cut.

I have been a very good employee. Late a few times, just like all the other drivers. Never missed a single day, in fact i have worked many non-scheduled days for my co-workers. I received employee of the year for 2009. In the speech my GM gave about me, he talked about me cleaning the oven off the clock. Not sure if it was video taped or not, but a room full of 50+ people heard this including the owner.

There was another instance, not to me but a driver who was told to go home and shave. He did this and then went to get his hair cut and never returned that day, but was only told to go home and shave, not to come back. The training is either poor or non-existent to all new and old employees which i believe in an OSHA violation. There is no communication board which according the the handbook, of which i didn't receive, is where you find out the information. Therefore many new employees walk around lost.

Many team members including management don't always practice hand washing before handling, slapping out pizzas. It is neglected often due to a high volume of business. As somewhat a clean freak and just out of courtesy to customers, this offends and disgusts me. I do not know what can be done for my situation, but at the very least i want more sanitation for my former customers.

Thank you whomever for at the very least taking time to read my concerns.


Asked on 1/31/11, 5:09 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

In the Commonwealth of Virginia, known as an employment at will jurisdiction,

an employee working without the protection of a contract can normally be terminated for no or any reason that doesn't violate federal anti-discrimination laws such as race, gender, age, sexual harassment in the workplace, etc.

Read more
Answered on 2/02/11, 8:55 am


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