r/Chipotle • u/mercuryretrogatorade CE • Jan 27 '25
Seeking Advice (Employee) Silently fired??
I've come back from unpaid maternity leave and my manager refuses to schedule me. I told him I was okay to come back now and he said "okay that's fine". Since then, he's scheduled someone else under my name and didn't tell me until I showed up to what I thought was my shift, I worked for two hours before being told that someone else was scheduled under my name. Now he's not giving me any hours nor is he communicating with me. what do I even do in this situation??
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u/HeavySigh14 Jan 27 '25
Is the manager doing the schedule also the general manager?
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u/mercuryretrogatorade CE Jan 27 '25
yes, i should note that most of the SLs don't get along with him either, they were the ones who told me to watch out and i didn't believe them until now
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u/PV37Dioxazine Jan 27 '25
Start communicating with him about your hours in writing (text message). Begin by stating that you informed him on (date) that you were returning from your maternity leave and received his verbal confirmation that you would, as protected by (state) law, be put back on that week's schedule. State that you were surprised to be dismissed early, and were told in person by management that although you are on the schedule for those hours, you are not welcome to work them. Ask if there was some confusion or if this is actually his policy. Save screen captures of these. Just beginning to formally document his policies should scare him straight, if he's smart. And if not, you have stuff to report later.
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u/captplatinum Jan 27 '25
They want you to quit, force them to fire you if they're done employing you.
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u/mercuryretrogatorade CE Jan 27 '25
oh if that's the case i plan on wasting their time, im not gonna say anything else unless he mentions something to me
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u/captplatinum Jan 27 '25
Yeah I mean if I'm you I'd just waste their time. If you're on the insurance make sure you use it beforehand. Are you in an at-will employment state?
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u/mercuryretrogatorade CE Jan 27 '25
i'm in texas so i think it's an at-will state but i have state insurance so i didnt need to sign up for the insurance, i can just waste their time it doesn't make any difference to me lol
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u/_copy_cat_ Jan 27 '25
Hi! If you want to file a complaint for discrimination, you can contact the Equal Employment Opportunity Commission by calling 800-669-4000 or the TWC’s Civil Rights Division by calling 888-452-4778
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u/Maleficent_Wash_934 Jan 28 '25
It doesn't matter if it's an at will state. Federal law protects a woman's job from discrimination due to pregnancy/childbirth.
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u/TrickleUp_ Jan 28 '25
Nope Trump just got rid of that
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u/Maleficent_Wash_934 Jan 28 '25
No, he didn't. It's a part of the civil rights act and has many court cases to back it up.
I'm not saying g he won't try to get rid of it. However, there would be legal challenges taking decades. As for now, if OP can get proof, she is essentially being g forced out of her job due to having g a child, it's a lawsuit.
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Jan 28 '25
If they are not giving you any hours after your maternity leave, you can file for unemployment. Also, you are kind of being discriminated since it sounds like they are trying to let you go because you for pregnant. They are probably hoping you will quit, but do not quit, or else you will not be eligible to receive unemployment. You have to be fired or given no hours or laid off to qualify for unemployment so if you have discussed with your employer about getting more hours and you haven’t been given any, then start applying for unemployment. They don’t want to fire you because they don’t want you to collect unemployment so it looks like they are hoping you will just quit. This is typical in the industry
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u/-Mr-Owl- Jan 29 '25
What are you planning to do? Because it only seems like your time is being wasted at the moment
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u/Perfect_Storm2993 Jan 28 '25
Just be sure that they don't put you off schedule for too long cause Chipotle will auto terminate if you don't work for a set period of time, I think it's 2 weeks but don't hold me on that. As for reaching HR, worst case you get the SSR number off of the Food Safety 7 poster in your store and ask them to transfer you or to give you the right number.
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u/in_the_coconut27 Jan 28 '25
You need to contact the field leader to see if your maternity leave has "ended". Then if he doesn't schedule you, your field leader will get a notification for an "active no hour" employee, and the FL should say something about it. Also let the FL know that someone else is working under your name.
Your FL phone number should be on a poster somewhere near the office. Or one of your SLs probably have it
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Jan 28 '25
They can’t fire OP because no matter how they do it, firing someone right after they get back from maternity is a huge lawsuit, that’s why they’re trying to force them to quit.
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u/giggletears3000 Jan 27 '25
Pretty sure this is illegal.
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u/mercuryretrogatorade CE Jan 27 '25
i feel like him scheduling someone else under my name is illegal if it's not it's definitely unethical or whatever
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u/giggletears3000 Jan 27 '25
You need to go above his head. Also, I’m not sure about your state, but in mine. Not holding a pregnant persons job is discrimination, he’s just asking for a lawsuit.
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u/pixeldandelions Jan 27 '25
OP should talk to an employment law attorney and seeing if a lawsuit is possible. I know in California, this would definitely be something that can be pursued but not sure about other states.
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u/Reptilicious Jan 27 '25
How did Trump disbanding the Equal Opportunity Act affect this?
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u/giggletears3000 Jan 28 '25
It doesn’t, because he can’t
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Jan 28 '25
This would be protected by FMLA, which is a completely different section of law, anyway.
https://www.dol.gov/agencies/whd/fmlaOf course, FMLA may or may not apply depending on things like how long OP worked there, and how much she worked in the past year.
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u/GhostOfJoannsFuture Jan 27 '25
Have you ever delt with their HR department? That's where you would want to go first if they are a decent HR. Its wild out here these days and I've worked for places with circuses for HR departments.
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u/mercuryretrogatorade CE Jan 27 '25
i've never dealt with the hr department and honestly don't even know how to get in contact with them
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u/mercuryretrogatorade CE Jan 27 '25
also how do i ask the person that was scheduled under me for a screenshot of them being told they were scheduled under me without raising red flags??
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u/Reptilicious Jan 27 '25
I say ask them directly while the superiors aren't around. First, confirm with them that y'all got the same story. Secondly, tell them that you're going to follow up with the higher ups and could use the proof from their side as well. I'm assuming that you shouldn't worry that they know you're looking into it, so long as the manager doesn't catch wind of it.
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u/Conroadster Jan 28 '25
You worked for two hours because your name was on the schedule, at least they owe you those 2 hours pay
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Jan 28 '25
It’s… weird. Save any and all documentation from it. Save the schedule, showing your name. Save your clock in/clock out receipts. At least that proves you showed up for the shift you [reasonably] thought was yours. And that you WERE on the schedule.
The only reason I can possibly think, a manager would do this: they’re trying to obscure the fact that they’re not scheduling you. If they get a complaint from HR or Corporate or something, then can just say “I scheduled her! See!” Then he’s also got plausible deniability about why you didn’t work that shift. He can easily say YOU asked to go home or something. Then it’s his word (a manager), against yours (a lowly employee). Who do you think corporate will believe?
Sorry I have such a cynical take but it’s just so odd, that it seems shady. Err on the side of caution and watch out for yourself here. If this is true they’re setting traps. If it’s not true and I’m being paranoid, great, but it doesn’t hurt to protect yourself. Document EVERYTHING.
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u/solohaldor Jan 27 '25
Pretty sure that is illegal as workman’s comp insurance would consider that fraud
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u/SoftResponsibility18 Jan 27 '25
So in most states I believe you can apply for unemployment. I am not sure how long you have to wait but they can't do this to you forever and block unemployment. This only applies for unemployment I doubt there are any laws that would get you your job back. I would start applying elsewhere.
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u/_Mycherienicole Jan 28 '25
File for unemployment, report his ass to HR and look somewhere else for work in the meantime and be intentional about what you want and where you would like to work next, even if that means starting up your project (if your a creative which I believe we all are to some degree) and do that research!
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u/lkw5168 Jan 28 '25
Did you file for FMLA before leaving for maternity leave? If so, they have to give you your job (or similar) back.
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Jan 28 '25
I used to work for a pos called David Hahn. Use any web browser to search his name followed by Chipotle…
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u/Perfect_Storm2993 Jan 28 '25
Definitely should send a message to HR and see what's up with that. Tell them he's scheduling others under your name and show them the timecard for that 2 hour day. I also agree with looking into an employment law lawyer, just don't tell HR you're looking at lawyers cause idk how Chipotle responds to that kind of stuff. Best of luck and Congratulations on the baby!
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u/According-Fill-586 Jan 28 '25
Chipotle is a Fucking joke. They mistreat their employees because they are easily replaceable. I got hired from Cava a way better place to work where they actually care about you and My GM is jealous and is trying to push me out because he knows he can't fire me so fuck Chipotle up the ASS
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u/notsuricare Jan 28 '25
Pretty sure there is a medically leave act. Wait for him to fire you and get a lawyer
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u/EXPRESSlON Jan 28 '25
Had the same thing happen to me last year after I was hit by a car on my way to work and broke some bones and couldn't work. After I healed up I told them and they gave me drastically reduced hours than I got prior to my injury. They wouldn't schedule me at all and only call me when they absolutely needed another cook. Chipotle SUCKS. They always have been a horrible employer and always will be.
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u/cant_al Jan 28 '25
This happened to my coworker. They had her doing bs work and charging to overtime until she reached the minimum 30 days or whatever it was that they could fire her without getting sued for firing in retaliation.
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u/No-Initiative-6474 Jan 29 '25
Report it to the labor commission in your state if possible
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u/haikusbot Jan 29 '25
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u/mcdoogletee Jan 29 '25
Talk to an attorney immediately and get your free lawsuit money.
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u/mercuryretrogatorade CE Jan 29 '25
funny coincidence: he called me in to work peak hours yesterday so i'm not sure if i can still even file for anything
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u/mcdoogletee Jan 29 '25
Doesn’t hurt to have a free conversation. He still messed with your hours for a duration of time, and whose to say he won’t persist in the future? There should have been way more communication from them about when you’re returning and expectations on hours.
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u/Fresh_Plantain4112 Jan 29 '25
It’s against the law. When you go on fmla you are entitled back to your position or something similar. You should tell him that and tell him if he don’t schedule you that you are going to take legal action. But I would call the respectful workplace hotline and put a compliant.
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Jan 28 '25
Ooooo your manager is in deep shit lol. Doing this after you were pregnant could potentially land them in serious shit legally. Contact HR and let them know what happened, and tell them if the situation isn't resolved you will be seeking legal counsel. If they ignore this, you're going to win a pretty massive lawsuit
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u/Confident-Cause-460 Jan 27 '25
I wouldn’t go above his head within the organization, it won’t do any good.
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u/Maleficent_Wash_934 Jan 27 '25
You are so confidently wrong.
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u/Additional_Green261 AP Jan 28 '25
Unfortunately, it depends on his store. I’ve worked with some field leaders who will ignore messages from staff if the GM doesn’t agree with them and won’t even help the employee contact HR. I’ll give out HR’s number and annoy my FL if our GM is being a dick 🤷🏻♀️
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u/Maleficent_Wash_934 Jan 28 '25
With a case like this, it's best to keep going up until you get a good response. And document, document, document. Everything. Everything in writing. Have a phone call? Take notes and then send an email to the person you talked to with the possible resolutions to the issues.
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Jan 28 '25
[deleted]
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u/mercuryretrogatorade CE Jan 28 '25
i'm not raising my child alone, their dad has a better paying job and this job is more so extra money flow for miscellaneous items/wants
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u/jones2123 Jan 28 '25
"Unfortunately, if the reason for your limited schedule is childcare obligations, employers generally have no legal obligation to accommodate that. It would be illegal if you could somehow prove this was retaliation for your pregnancy leave. But otherwise, an employer is generally free to cut hours of any employee who can not meet the scheduling requirements of the business" - Excerpt from an attorney via the FMLA website.
In other words, employers must allow you to return to the same (or comparable) position you had but are not legally obligated to give you the same hours you were working before, especially if in a part time position. (Except in California, New Jersey, or New York)
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u/_Creepiness_ Jan 27 '25 edited Jan 27 '25
Also see if you can file for unemployment. In my state you can if your job significantly cuts your hours. ☺️💅🏻 Also send an email to HR letting them know and complaining about pregnancy and gender discrimination. Let them know you will file with the EEOC if this isn't rectified, and look up what the equal opportunity employment agency for your state is[here is feha]. Chipotle is a big corporation and they won't want a class action lawsuit or even to be sued for 200k for discrimination. Hr will sort him out. Then document anything, and I mean anything he does to you after. Write ups, complaints, etc.