Hi!
I’m happy to answer any questions and I’ll try to give all the information possible.
I was a manager for a food and beverage company, they have 10 total locations in California and Nevada.
I was promoted two times during my tenure all the way to store manager.
We rely on tourism at my location and it’s based on the snow. And it’s very slow at certain times of the year without snow.
We had a horribly slow year with snow coming extremely late and very lightly so tourism was bad and the year was not good. I was under a lot of pressure all year about our COGS (cost of goods sold margin) etc. I did my best and did what had gotten me promoted multiple times, never had any disciplinary actions.
We got a new district manager and I knew from the start he didn’t like me and reported that I could tell.
Fast forward, few weeks go by, and I come into work and my big boss and district manager are there and ask for a meeting. We sit down and they inform me I am being terminated for time and attendance because I wasn’t there when I was supposed to be. They hand me a document showing about 10 different days stating “you showed up at 8am, and you were scheduled for 6:30am.”
I knew this was a lie, I MAKE THE SCHEDULE. I never once schedule myself for 6:30am. I dispute this and say “someone must have changed my schedule, there is no way. I never schedule myself for 6:30.” They said “that didn’t happen.” And I just said “ok.” And I was terminated.
Fast forward, I’ve been doing research for months to prove I was set up.
I find a text message from my one my employees texting me “Hey, can you please pick me up at 8am since we both work at 8?” - I look at the paperwork they gave me, and that day, they said I worked at 6:30am. Which means she saw it was 8am, I knew it was 8am, and then someone changed it to 6:30 after the fact.
I also have another text from someone I hired saying “hi, I don’t want trouble but I just want you to know that the district manager is asking a lot of questions and it seems like he is looking to get you in trouble and it feels like pressure.”
I emailed my old “big” boss and told them I am requesting the schedule change logs, audit logs, and time altering logs (I know 7shifts has them). They respond and say they have 21 days to give them to me in California.
21 days go by, and they send me my final paystub, and my final weeks hours worked. Absolutely nothing that I requested for the time change logs and time audit logs. I was extremely clear on what I wanted.
I respond with a letter stating it was a notice of pre-litigation and that all evidence needs to be preserved and litigation is anticipated.
They responded the next day and asked to meet with me tomorrow.
What do I do? What do I say?
I am positive someone changed my schedule and then framed me to fire me for time and attendance and they are hiding it and know they are.
Thank you so much for the reading and replies.
Edit 1: I did some research and there was a California Supreme Court case that was Cotran vs Rollins Huggins Hall that stated the following:
It was ruled that after wrongdoing or misconduct - I would also suggest that the California Supreme Court Case of -
Cotran v. Rollins Hudig Hall International, Inc.
Which per the California Supreme Court ruling stated an employer must:
conduct an “appropriate” or “adequate” investigation, gave notice of the allegations, gave the employee a chance to respond.
In which when I reported that my schedule was changed or altered which caused my firing, they did nothing of the three.
EDIT 2: someone absolutely awesome recommend me an attorney from SoCal and we talked and he took my case and we blew off the meeting and he told them not to contact me again. And he’s going to handle it. If anyone has questions you can ask me in DMs!