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  1. #26
    I play pretty, no? TeyshaBlue's Avatar
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    Having been an employer, my perspective is the guy had no idea how to manage or motivate his employees. Rest assured that the likelihood of this being an isolated event approaches zero. I suspect there was additional testimony offered in this case that sunk the idiot.

  2. #27
    I don't really care... Yonivore's Avatar
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    Having been an employer, my perspective is the guy had no idea how to manage or motivate his employees. Rest assured that the likelihood of this being an isloated event approaches zero. I suspect there was additional testimony offered in this case that sunk the idiot.
    The story did not indicate the judges determination was based on anything but the contest.

    I've been an employer of minimum-wage earners and my perspective is the guy was sick and tired of unprofessional behavior and he was tired of firing people for unprofessional behavior so, he sent out a warning in the guise of a contest.

    Stupid idea but, neither illegal or hostile.

    As for it being an isolated incident? Probably not. The guy was probably a frustrated jerk that despised his employee base because they didn't share his idea of what cons uted proper workplace decorum.

    I'm still not sure what all the upset is about. He proposed a contest to guess who he would next fire for insubordination. It wasn't like he asked for suggestion on who he should fire, he was perfectly comfortable with making that decision on his own.

    Framed another way, it wasn't a contest over guessing who would next be fired; it was a contest over recognizing who would be the idiot that, after being warned as a result of the contest, didn't heed the warning that secret shoppers would being dispatched to all the stores to see who was not adhering to store policies. To me, that person needs to be fired.

  3. #28
    🏆🏆🏆🏆🏆 ElNono's Avatar
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    Stupid idea but, neither illegal or hostile.
    Not according to the judge.

  4. #29
    on instagram, str8 flexin DUNCANownsKOBE's Avatar
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    Yonivore obv. knows more about employee rights violations than a judge who's been elected to rule on them.

  5. #30
    Veteran Wild Cobra's Avatar
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    Thankfully there are regulations penalizing those that create hostile work environments.
    Yes.

    I wish my employer would enforce those rules against two co workers.

  6. #31
    I don't really care... Yonivore's Avatar
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    Yonivore obv. knows more about employee rights violations than a judge who's been elected to rule on them.
    The judge wasn't ruling on a rights violation. The judge was ruling on whether or not a former employee was en led to unemployment benefits.

    I think a judge that would have been asked to rule on whether or not any employee rights were violated would have laughed this out of court.

    Tell me, DoK; what employee rights do you believe were violated?

    And, how did the contest contribute to a hostile work environment?

  7. #32
    Troll
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    If I were the employer, I'd be tempted to sue the former employees for slander or defamation.


    Are you really that stupid or are you just trolling?

  8. #33
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    I would make them support the claim he was "from ."



  9. #34
    on instagram, str8 flexin DUNCANownsKOBE's Avatar
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    The judge wasn't ruling on a rights violation. The judge was ruling on whether or not a former employee was en led to unemployment benefits.

    I think a judge that would have been asked to rule on whether or not any employee rights were violated would have laughed this out of court.

    Tell me, DoK; what employee rights do you believe were violated?

    And, how did the contest contribute to a hostile work environment?
    I'll answer all those questions after you explain how the employer was slandered. The fact that you think an employee rights violation suit would be laughed out of court, but you think the employer could have sued for slander and defamation for being called, "The employer from " is funny. By that logic, someone can sue for slander anytime he's referred to as an "asshole" since he's not actually an asshole.
    Last edited by DUNCANownsKOBE; 10-04-2011 at 09:32 AM.

  10. #35
    🏆🏆🏆🏆🏆 ElNono's Avatar
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    The judge clearly ruled that BECAUSE of the contest that created a hostile work environment, the former employee was en led to unemployment benefits.

    There's no doubt the contest was at the center of the ruling.

  11. #36
    on instagram, str8 flexin DUNCANownsKOBE's Avatar
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    The contest creates a hostile work environment because it means your co-workers might have something to gain from you being fired and you wouldn't be able to trust anyone you were working with. Seems pretty simple tbh.

    If he just sent a notice out that secret shoppers would be around and that any cashiers who violated the code of conduct would be fired, he woulda been fine as that woulda been perfectly reasonable and professional. He's obviously cheap as and has a hard time parting with money ( $10), sending a warning memo woulda been cheaper and more professional. All the employees agreed to the rules when they were hired so they were already subject to enforcement.

    From my experience working at hole jobs through high school and parts of college, he shouldn't have been blaming the employees themselves for violating rules. I've had minimum wage jobs (or close to it) where the employees adhere to every rule and take it seriously while I've had minimum wage jobs where the employees don't give a and follow whatever rules they want. The difference usually is the managers.

    Managers who have favorites, play politics, don't recognize which employees do their jobs well, and let the employees they like get away with stuff cause the unprofessional environment where no one cares. The managers who view everyone as equal and judge employees based on job performance rather than personality match are the ones who get a professional work environment where rules are adhered to.

    There was even a situation at my current job/internship where I could have raised , gotten a few people fired, and gotten a settlement for a "hostile work environment", but since I've always been treated with respect and I've always been recognized for doing good work, I let it go and didn't press for anything to happen.

  12. #37
    selbstverständlich Agloco's Avatar
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    1) He owned the business and, even if distasteful, it was not illegal to have such a contest.

    2) The contest did not require anyone turn anyone else in for conduct that would cause them to be fired; the owner hired a secret shopper to evaluate employee performance. If anything, (and, IMO, I think this was the purpose of the contest) it gave them fair warning their adherence to rules was being observed and that a failure to abide by them would result in termination.

    3) The employees voluntarily resigned which, regardless of the tastefulness of the contest, disqualifies them from unemployment benefit.

    4) Nothing in the story indicates the "offended" employees attempted to address their grievances through any channels that may have been afforded them by their employer -- conveniently, there's no mention of whether or not such a process existed.

    5) Quitting, and giving up a source of income in this economy, is seriously stupid. Don't play the game. Quit talking on your cell phone, wear the ing shirt, don't let your friends behind the counter, take off the hat, park where you're told, and be courteous to customers. Sounds like the owner was having a problem with widespread disregard of the rules and wanted to bring back some decorum.

    I think the judge got it wrong.

    In the future, I bet the employer just hires the secret shopper and fires employees without such an "offensive" warning.

    If I were the employer, I'd be tempted to sue the former employees for slander or defamation.
    rofl, Yoni going to bat for this guy.

    It's in poor taste, even if it's within the letter of the law (which I'm not convinced of).

  13. #38
    I don't really care... Yonivore's Avatar
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    rofl, Yoni going to bat for this guy.

    It's in poor taste, even if it's within the letter of the law (which I'm not convinced of).
    I'm not going to bat for "this guy." I'm going to bat for business owners who will have to pay out more unemployment benefits for bums that argue they were fired when they simply quit because, well, they're quitters and crybabies because their boss is a bit insensitive.

    I said it was distasteful but, I don't see where the contest violated any laws.

  14. #39
    I don't really care... Yonivore's Avatar
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    The contest creates a hostile work environment because it means your co-workers might have something to gain from you being fired and you wouldn't be able to trust anyone you were working with. Seems pretty simple tbh.
    Except that the firings weren't contingent on the contest outcome; the firing would have already taken place before the employer knew how anyone predicted.

    If he just sent a notice out that secret shoppers would be around and that any cashiers who violated the code of conduct would be fired, he woulda been fine as that woulda been perfectly reasonable and professional. He's obviously cheap as and has a hard time parting with money ( $10), sending a warning memo woulda been cheaper and more professional. All the employees agreed to the rules when they were hired so they were already subject to enforcement.
    I think the contest got their attention more than would a "warning memo." Obviously, to me anyway, this employer was having trouble with employees adhering to certain policies.

    From my experience working at hole jobs through high school and parts of college, he shouldn't have been blaming the employees themselves for violating rules. I've had minimum wage jobs (or close to it) where the employees adhere to every rule and take it seriously while I've had minimum wage jobs where the employees don't give a and follow whatever rules they want. The difference usually is the managers.

    Managers who have favorites, play politics, don't recognize which employees do their jobs well, and let the employees they like get away with stuff cause the unprofessional environment where no one cares. The managers who view everyone as equal and judge employees based on job performance rather than personality match are the ones who get a professional work environment where rules are adhered to.
    I agree. I definitely would have fired the Manager at the same time I fired the employee -- unless the Manager is able to demonstrate they've sought compliance from the employee.

    There was even a situation at my current job/internship where I could have raised , gotten a few people fired, and gotten a settlement for a "hostile work environment", but since I've always been treated with respect and I've always been recognized for doing good work, I let it go and didn't press for anything to happen.
    You're probably the exception.

    , I wouldn't have been offended by this contest. I probably would have said, "that's pretty ed up," and I wouldn't have played. But, I would be the guy wearing the company shirt, leaving my hat in the car, my cell phone in my pocket (on silent), parking in the right place, keeping unauthorized people from behind the counter, etc...

  15. #40
    i hunt fenced animals clambake's Avatar
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    there is nothing to suggest that the employees the judge ruled for had not taken their jobs seriously.

  16. #41
    on instagram, str8 flexin DUNCANownsKOBE's Avatar
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    Except that the firings weren't contingent on the contest outcome; the firing would have already taken place before the employer knew how anyone predicted.
    People participating in the contest could do things to get co-workers fired. That's what I was referring to.


    I think the contest got their attention more than would a "warning memo." Obviously, to me anyway, this employer was having trouble with employees adhering to certain policies.
    A waring memo plus employees being fired after violating the rules woulda gotten people's attention after enough employees were fired. I think if he did all the warnings and firings without the contest, it woulda been more effective and wouldn't have resulted in this.


    I agree. I definitely would have fired the Manager at the same time I fired the employee -- unless the Manager is able to demonstrate they've sought compliance from the employee.
    , the fact he's sending secret shoppers in means that he can't get the managers to enforce the rules he wants.
    Last edited by DUNCANownsKOBE; 10-04-2011 at 09:53 PM.

  17. #42
    Esse quam videri ploto's Avatar
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    The only issue I have is with the worker who quit claiming a hostile work environment when she quit as soon as she read the memo. How can she claim this memo created a hostile work environment when she did not even work there anymore? The contest was stupid, but not to me illegal or grounds for the person to receive unemployment. She did not even try to address the issue; she just immediately quit.

  18. #43
    2nd Verse Same as the 1st Oh, Gee!!'s Avatar
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    pay no mind to yoni. he doesn't know anything whatsover about the law or how it should be applied in any given cir stance. he's a dip who uses (without citing) the arguments of educated people to make himself feel smarter than he actually is.
    Last edited by Oh, Gee!!; 10-05-2011 at 02:03 AM.

  19. #44
    2nd Verse Same as the 1st Oh, Gee!!'s Avatar
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    iow, he's a ing moron.

  20. #45
    I don't really care... Yonivore's Avatar
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    People participating in the contest could do things to get co-workers fired. That's what I was referring to.
    In the context of the contest, how would they be able to do that?

    A waring memo plus employees being fired after violating the rules woulda gotten people's attention after enough employees were fired. I think if he did all the warnings and firings without the contest, it woulda been more effective and wouldn't have resulted in this.
    You'll notice I never said the contest was a good idea.

    , the fact he's sending secret shoppers in means that he can't get the managers to enforce the rules he wants.
    Meh; secret shoppers are a legitimate tool to evaluate employee performance in large chains of stores.

  21. #46
    e^(i*pi) + 1 = 0 MannyIsGod's Avatar
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    The only issue I have is with the worker who quit claiming a hostile work environment when she quit as soon as she read the memo. How can she claim this memo created a hostile work environment when she did not even work there anymore? The contest was stupid, but not to me illegal or grounds for the person to receive unemployment. She did not even try to address the issue; she just immediately quit.
    The moment that memo went out it was a hostile work environment. If its bad enough, you're don't necessarily have to work it out. IE, if your boss commits some very high level of sexual harassment and you then quit I don't think you could say that you had to "try to work it out" first.

  22. #47
    selbstverständlich Agloco's Avatar
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    I'm not going to bat for "this guy." I'm going to bat for business owners who will have to pay out more unemployment benefits for bums that argue they were fired when they simply quit because, well, they're quitters and crybabies because their boss is a bit insensitive.

    I said it was distasteful but, I don't see where the contest violated any laws.
    Fair enough. Perhaps your gripe is better taken up with the jackass who perpetrated this in the first place?

    The only issue I have is with the worker who quit claiming a hostile work environment when she quit as soon as she read the memo. How can she claim this memo created a hostile work environment when she did not even work there anymore? The contest was stupid, but not to me illegal or grounds for the person to receive unemployment. She did not even try to address the issue; she just immediately quit.
    I'm not certain that you'd need any substantial length of time to come to the "hostile work environment" conclusion. Minutes? Hours? What suffices here?

  23. #48
    Believe.
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    I'd agree with a settlement against him for creating a hostile work environment and a sum being attached to that. I don't like that it opens up acceptance to file for unemployment benefits considering the employee did quit on her own. From the way the article was written, it appears the employee only brought the hostile claim up once unemployment was denied.

  24. #49
    I am that guy RandomGuy's Avatar
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    I would make them support the claim he was "from ."
    I would make you explain why that speech isn't covered by the first amendment.

    Then I would laugh at your stamming attempts to do so.

  25. #50
    I am that guy RandomGuy's Avatar
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    Yoni is as predictable as the sunrise for taking the most ish position on any given issue possible. Its like he has a special spidey sense for opportunities to be a total about something.

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