EEOC / Ethics Alert Hotline / Whistleblower

[Balldog]

Here is the deal. Fall 2004, I took what amounted to roughly $4900 of classes. My grades were received on Dec 27, 2004 and my employer is shutdown for Christmas that week. When we got back from shutdown I submitted my tuition reimbursement. I was paid Feb 15, 2005. Dec 6, 2004 I submitted my Tuition Reimbursement Approval Form for Spring 2005 semester, which totaled roughly $2800. May #, 2005 I submitted my Tuition Reimbursement Approval Form for Summer 2005 semester. Both were approved and marked "ok to pay."

My employer's Tuition Reimbursement Policy reads this:

Maximum college education expense reimbursement:
a. A maximum of $5,250 of eligible costs (tuition, required textbooks and required lab fees) will be reimbursed for courses completed during a one-year period beginning January 1 of each calendar year.

Now my employer is refusing to pay my tuition, roughly $4700 for both semesters combined.

Friday at roughly 7:30am I was told by the NA Human Resource Manager that the policy is wrong and that they have known the policy to be wrong for two years but it was never corrected. And that just because the Tuition Reimbursement Approval Form was signed and approved does not mean that they will have to pay me.

This is a violation of the policy.

I have been dealing with this for 3 weeks, classes start this Tuesday and I cannot sign up until I have paid off my account.

Basically I am being told by my mother (who has been in HR for almost 40 years) to call the Ethics Alert Hotline/Whistleblower Hotline first thing tomorrow morning, then call the NA Business Manager and tell him that I am going to school to sign up for classes at 3:00 on Tuesday. If my account is not paid off at that point I am calling the EEOC.

Anybody have any experience dealing with the EEOC.

[JonInMiddleGA]

You're way over my head on the HR aspects of this, but I will offer a thought ... is this worth sabotaging your employment over? Because I can't imagine how filing an EEOC complaint (or any other kind really) isn't going to make work a living hell at best, not to mention making it a short-term proposition (as in "as soon as we can figure out how to fire your griping ass").

I'm not saying you're right or wrong, I'm not saying that anybody's reaction is right or wrong, I'm just asking the question that was the overwhelming thought that your post prompted.

[Balldog]

I agree, but we are talkiing close to $5000. I barely bring that home over a 1/4 year. They have been putting this off for the last few weeks...

[Balldog]

Dola - Calling the Ethics Alert line protects me from being fired...according to the policy anyway.

[JonInMiddleGA]

I wish you luck with it BD, I just wanted to make sure that the long-term implications of your next move had been considered.

[JonInMiddleGA]

Originally Posted by Balldog

Dola - Calling the Ethics Alert line protects me from being fired...according to the policy anyway.

Uh-huh. Right.

(I'm not trying to be a wise-ass either, I just know that if somebody wants you gone, it's not that hard to make it happen.)

[Balldog]

Originally Posted by JonInMiddleGA

Uh-huh. Right.

(I'm not trying to be a wise-ass either, I just know that if somebody wants you gone, it's not that hard to make it happen.)

Yeah I know they will...

[Balldog]

Another direction I have been given is to call the company attorney, I guess he is very open-minded and impartial to the company. Ie - if the company is in the wrong he will tell us.

[Airhog]

I think it boils down to one thing.

Is the 5000 dollars more important or the job?

[RendeR]

Damn the man, MAKE THE CALL.

[Tekneek]

If you think you can get another job without needing anything related to scumbags at this employer, nail them for it. When you know they are gunning for you, do what you can to get the message to as many fellow employees as possible so they don't get screwed the same way.

[Tekneek]

Originally Posted by Airhog

I think it boils down to one thing.

Is the 5000 dollars more important or the job?

Or is the principle + the money more important than the job? Some corporations need to get it handed to them. I've, unfortunately, learned just how incompetent these levels of corporations are and the tactics they try to use to get away with their bullshit. They will claim anything to get out of honoring something they no longer wish to do. Ethics is a word they wish to continually redefine.

[Coffee Warlord]

MAKE THE CALL.

If they fire you, I'd be willing to bet a lawyer would be more than happy to rip them a new asshole and get you a serious chunk of change.

[gstelmack]

Originally Posted by Tekneek

If you think you can get another job without needing anything related to scumbags at this employer, nail them for it. When you know they are gunning for you, do what you can to get the message to as many fellow employees as possible so they don't get screwed the same way.

Agreed 100%. Don't complain unless you're ready to leave. If you like the job, you accept things like this; basically, you work at their whim. But if you don't care about the job, nail them for having a written policy that they aren't standing behind. Sounds like the education benefits are a key reason you work there, and if they are going to back off on them after the fact they need to be hammered for it.

I wouldn't hesitate to tell them that, though. Let them know that that benefit is important to you, and if they aren't going to honor it you'll file a complaint with the equivalent of your state's Department of Labor and start looking for a new job.

[Balldog]

I should add...

The main reason they are not paying is because the reimbursement from 2004 was paid in 2005, and they are trying to tell me it is supposed to be when the reimbursement was paid not when the classes were taken.

I made the NA HR Manager read the policy to me, and asked him if he heard a word he said.

[Balldog]

Originally Posted by gstelmack

Agreed 100%. Don't complain unless you're ready to leave. If you like the job, you accept things like this; basically, you work at their whim. But if you don't care about the job, nail them for having a written policy that they aren't standing behind. Sounds like the education benefits are a key reason you work there, and if they are going to back off on them after the fact they need to be hammered for it.

I wouldn't hesitate to tell them that, though. Let them know that that benefit is important to you, and if they aren't going to honor it you'll file a complaint with the equivalent of your state's Department of Labor and start looking for a new job.

I hate working there, they have filed bankruptcy. It is a dead end job, once I get my schooling completed I plan to change career paths completely!

[DaddyTorgo]

Originally Posted by Balldog

I hate working there, they have filed bankruptcy. It is a dead end job, once I get my schooling completed I plan to change career paths completely!

well there's your answer then Balldog. Make the damn call. And if they terminate you at all for ANY reason after that, retain a lawyer and go after them.

[yabanci]

I don't do labor law, but how does this fall within the EEOC's jurisdiction? This isn't a discrimination issue.

[Balldog]

Originally Posted by yabanci

I don't do labor law, but how does this fall within the EEOC's jurisdiction? This isn't a discrimination issue.

I asked the same thing...she told me they deal with this stuff too.

http://www.eeoc.gov/federal/fsp2003/four/table4e.html

[RendeR]

Bury the fuckers. They're broke, they know it and they're squirming out of something they rightfully owe you.

[-Mojo Jojo-]

Whatever you do, be sure to document everything. Every bit of paperwork you have, every call, email, and discussion you've had so far and any in the future. Names, dates, phone numbers, etc.

[cthomer5000]

Originally Posted by -Mojo Jojo-

Whatever you do, be sure to document everything. Every bit of paperwork you have, every call, email, and discussion you've had so far and any in the future. Names, dates, phone numbers, etc.

Agreed. So if possible I'd even make the calls to and from a cell phone since those will be logged on a bill/invoice/statement that you can easily retain.

[yabanci]

Originally Posted by Balldog

I asked the same thing...she told me they deal with this stuff too.

http://www.eeoc.gov/federal/fsp2003/four/table4e.html

You might want to make sure before you make a threat to call the EEOC, because this sounds like a vanilla breach of an employment provision and I don't see how this falls under any of the the federal statutes the EEOC is mandated to enforce. I've never even heard of the EEOC having an ethics alert hotline.

[ISiddiqui]

I'm also wondering where the EEOC has jurisdiction over any of this? I'd call them first.

[yabanci]

Balldog, just curious... Did you have any luck getting them to reimburse you?

[Balldog]

The EEOC won't help me, I figured that out before I called but called to see if they of someone that could.

I called our Ethics Alert Hotline and filed a violation. I'll get an update tomorrow, if I don't like what I hear I will probably called the Ohio Department of Labor.

Thursday they attached a memorandum to the policy to all the hourly checks but not the salary checks, I'm salary and I don't understand why you wouldn't let the salary payroll know as well.

[Tekneek]

Originally Posted by Balldog

Thursday they attached a memorandum to the policy to all the hourly checks but not the salary checks, I'm salary and I don't understand why you wouldn't let the salary payroll know as well.

Because corporations are often bureaucratic nightmares and screw things up on a regular basis. They can't even get a good CYA out there without bungling it. You can pretty much bet that they will try to run you out, but you may get that check before they kick you out the door.

Something executive bastards hate more than anything is being called out when their penny-pinching ways violate their own policies. They expect everyone to just accept their 'on-the-fly' changes.

[Balldog]

Got some decent news, "this issue will be closed by c.o.b. Friday."

Basically I have gotten free legal advice from a big time law firm and they are helping me put pressure on the company to do the right thing and it appears to be working. Today they told me to email every big shot that I know of in the company, and make sure everyone knows about it. I sent an email to the President, CEO, CFO, Vice President, NA Ops, etc. and finally got the guy I was dealing with to make a move. Hopefully it is the right move.

[Balldog]

The dust has settled.

Last Friday I was told that I am not being paid because tax laws do not allow them to pay me, so they changed their reasoning. I was pissed and walked out of the meeting.

Monday morning I decided I wanted to see this tax law, there is no such law. They lied to my face, so I called them out on it.

Today we had a meeting again, I am getting paid all the money but I was told that I should expect to be fired and that the people at corporate that want my head on a platter. BUT I DON'T GIVE A FUCK. I laughed.

[MacroGuru]

Originally Posted by Balldog

The dust has settled.

Last Friday I was told that I am not being paid because tax laws do not allow them to pay me, so they changed their reasoning. I was pissed and walked out of the meeting.

Monday morning I decided I wanted to see this tax law, there is no such law. They lied to my face, so I called them out on it.

Today we had a meeting again, I am getting paid all the money but I was told that I should expect to be fired and that the people at corporate that want my head on a platter. BUT I DON'T GIVE A FUCK. I laughed.

Sweet! Unlawful Termination right?

[sterlingice]

That law firm you retained must be drooling right about now

Too bad you couldn't record the meeting

SI

[kingnebwsu]

Wow...companies are bastards. Hope it all works out

[MO542]

Originally Posted by Balldog

The dust has settled.

Last Friday I was told that I am not being paid because tax laws do not allow them to pay me, so they changed their reasoning. I was pissed and walked out of the meeting.

Monday morning I decided I wanted to see this tax law, there is no such law. They lied to my face, so I called them out on it.

Today we had a meeting again, I am getting paid all the money but I was told that I should expect to be fired and that the people at corporate that want my head on a platter. BUT I DON'T GIVE A FUCK. I laughed.

Sounds like they are a bunch of morons. Did you document the fact they told you that you should expect to be fired? What exactly was said? I’d go straight to the law firm that was giving you advice before and tell them what was said. You might be able to get money out of it if they fire you. A word of advice, I would follow every procedure at your job to a T. If you make one mistake, they are going to use it to push you out legally.

[MalcPow]

Seriously, these jokers really don't know what they're doing if they, a) threaten to fire you to your face in a meeting where you are settling a previous incident in which they were at fault, or b) actually try to fire you soon after a disagreement so well documented, known throughout the company (you should save those emails and any replies you sent to the top brass somewhere outside your company outlook obviously), and for which you actually retained some kind of counsel. Odds are you are going to see a series of "poor reviews" or other official negative assessments so they can build some kind of paper trail. Unless you've got a lot of previous issues, and even if you do, you're looking at a healthy unemployment check if nothing else. Whether you really want to fight or not, take the time to document things.

[Balldog]

Just thought I would give an update, about a month ago I was offered a "promotion". Which entails basically doing two jobs at two different plants but I got about a $4000/yr raise because of the incentives I was given to take it. If I had not taken it someone at my original plant would have gotten laid off, it wasn't said if I was that someone but I'll take the extra money.

I don't really care for the job, so I can do what I want....if they want to fire me...go right ahead. Then I don't have to pay them back the $11,040 I would owe them today if I quit.

The funny thing is I've also proven to them that they need me more than I need them, I've bailed their asses out of so much trouble in the last month it isn't even funny.

[Balldog]

Dola - I signed up for my Spring classes, never got a copy saying I was approved to take the classes. I made a point to ask for it, stating that I was told if I didn't follow the policy to a "t" I would possibly get fired. They still haven't given me the approval, other than verbally and an email saying they were approved and I would be getting an approval in my mailbox (hasn't happened).