Public Mediation

Zale Corp/Piercing Pagoda-Dispute-#5126858

M. A. vs. Zale Corp/Piercing Pagoda
901 W. Walnut Hill Lane, Ms 5B-12, Irving, Texas, 75038-1003, United States
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
      (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 5126858
    • Amount Involved: 4,255.00
    • Filed On: Nov 20, 2012
    • Posted On: Dec 01, 2012
    • Complaint(s):
      • Contract / Agreement / Promise dispute
      • Discrimination
      • Equal employment rights violation
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Statement of Claim
Claimant says:
"I was recently let go from my job as Store Manager, after being employed for over a year without any prior issues or performance warnings. On Thursday when arriving at work late due to a financial issue with my bank, due to not receiving my correct pay amount for the third time in the past 2 months, I had to again resolve a finacial setback. Hours before I was scheduled for work I made the issue known to my District Manager, and let her know I would be late.

When I got to work the District Manager was present assisting with merchandising my store, we have had little to no staff members for the past 3 months. The turn around for staff and managment in this company is awful, so with no other members of managment on my team and only 2 employees, one being with me for just over a month, and a tempoary fill-in for district leader, and no support from corporate leaders myself and 2 employees have been left to fend for ourselves. All isues and request for help have been made several times, but no attempts to better the running of my store.

I have recruited and interviewed over 12 people for employment, 1 being hired for my Assistant Manager, but after he was hired, the DM prior to the temporary DM now let him hang in the balance for over a month to start him when it was crucial to the running of the buisness to get qualified people trained and ready for work. Because of the procrastination and lack of communication, the hire moved on and pursued another offer. This and many other unprofessional situations have occured in the hiring process. After doing my part and submitting it to upper levels of Managment it then becomes an embarrassing situation for me. I fnd myself constantly apologizing to good people who have been hired and expect to start work in a reasonable time but linger for weeks and then want nthing to do with this company. I have been working as a Retail Manager for 7 years and never seen such a huge turnaround of staff, and this is throughout the NY region. In the past year we are now on our fourth District Manager and even she is tempory, filling in from another district. As the store Manager for the past 9 months, I've trained myself on all operations and company guidelines, have dedicated myself entirely to this buisness, working sometimes over 60 hour weeks , 12 hour shifts working alone without rest, or time to eat, and have done so without complaints. With now the holidays approching there is triple the amount of work to be done, and still with no staff or anyone stepping in to lend a helping hand for the better of the buisness. I have had a difficult time to say the least.

So on this past Thursday upon starting work I was presented with my very first performance write up by the DM in front of a new hire that I recently hired. The write up was also a final warning with 30 day follow up, not ever receiving so much as a verbal warning in the past and/or coaching. I was very confused. I expressed how I felt very respectfully, and did not sign this write up , and stated that I was unhappy and offended and have been given no support, and for all my hard work and dedication this was my reward, a threat? Being upfront and honest and stating if no changes are going to happen to support this store and this is the only action, issuing write ups, I'm not sure I would want to continue working for this company, but not being a quitter and being a professional I said I will continue to do my best, work hard and would greatly appreciate support and any guidance to make the necessary changes for the store. Our discussion ended on a good note so I thought. She left for the day, about an hour later I received a call from the Regional Manager telling me I have to leave the store and hand in my keys to the new employee on her first night working. When asked why? she insisted that I put my notice in because I was issued a write up and it was liabilty and risk to allow me to stay. I explained that I never gave any notice nor quit, so was I fired? She said no and demanded I write a letter of resignation and then vacate the store."
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Additional Communication Between Claimant and Zale Corp/Piercing Pagoda Hide
  • Jan 01, 2013, Claiming party added:
  • Personal belongings if mine left at job site thrown in trash without permission. Including a professional manacin head brought in for training valued at $1235.

What Claimant Wants Hide
Message from Claimant: Nonpayment and loss of personal property.
1. 3000$ for nonpayment of work hours ,2 overnite shifts, 2 weeks vacation that was denied to me to take due to refusal to utilize vac... and was not paid upon departure. Caracter slander by regional and district manager made to former employees, HR dept and legal dept ignoring me never responding to any of calls, voicemails etc... Jan 07, 2013 $4,255.00
Cash total : $4,255.00
  • 0
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Respondent's Counteroffer


There has been no response to this claim from Zale Corp/Piercing Pagoda. This claim will remain posted until resolved
Offer History
Nov 20, 2012
Claimant's Terms of Settlement to Zale Corp/Piercing Pagoda
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  • Comment: by Sarah Baxa — Online mediator
  • On: 12-02-2012
  • What is it that you are seeking? Do you want your position back? Do you want an apology? Are you looking for monetary damages? My suggestion is that you write down in detail as many times/dates you can remember that you have asked for assistance and what response you received. Use as backup any e-mails you have sent and received as well as a record of phone calls you have made to them. I would present a detailed report of all your requests for help, the responses you received and detail (as you have above) the last encounter with the DM. Additionally, I would find out or request a copy of their dismissal procedures as outlined in their employee manual. A company as large as this should have a multi-layer process and it sounds as though they may have skipped some steps. If they have not followed their own procedures, I would contact HR and let them know you are upset that their own procedures for dismissal were not followed and you would like to discuss the situation. If they will not speak to you because you are a terminated employee, ask who you would speak with regarding your disappointment and concern regarding your termination. It sounds as though you have been very professional and have given a lot of your time. I would still be careful when speaking to them. You want this resolved to your satisfaction so don't give them any reason not to work with you (like alluding to suing). A suit would be the last course of action and if you do not have a lot of written proof and it is your word against theirs, it will cost you a lot of money and a big headache to take them to court since they have the funds to deal with lawsuits. Each company handles things differently. Good luck and I hope things work out for you.
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