Retaliation After Reporting Off The Clock Time

Hi:

I am curious on what, if any, legal options I have on this.

Several months ago I noticed that several of my coworkers where working through their breaks and lunches to keep up with the work demand. I made several complaints to management, but they didn't seem to mind and in some ways they actually encouraged us to do this (I have several corresponding emails to prove this). I finally took my complaint to HR. It took Human Resources three months to confirm that I was correct.

Immediately after HR and management confirmed that I was correct, management has put me on a corrective active plan. The reason, they stated, was for my lack of professionalism. HR and management have been constantly monitoring all my activity: emails, instant messaging, and phone calls. They are moving my desk so that I can sit next to my manager. I have asked them to produce examples of my unprofessionalism so I could correct it, but they couldn't provide me with anything tangible; definitely nothing that would warrant this amount of scrutiny.

At this point, besides going to HR about the Off The Clock Work, I am in the process of going through the Labor Division to file a formal complaint against my company. My main concern, at this point, is what to do about the Hostile Work Environment. I can also furnish you with with emails of management and other coworkers harassing and encouraging us to work off the clock.

I am tempted to proceed with a Constructive Discharge. I just don't know the best way to do it.

Thank you,

By the way, I'm in the state of Oregon.

This is an email response, from management, to a suggestion that I had on time management:

"How many do you honestly get in a week? I can walk them over to her if you have that many. You can drop them off really quickly or take them over on your way down for lunch/breaks."

Here is an email response, from management, when I initially reported that employees were working off the clock:

"Other shouldn’t be working during their breaks and lunches, that only hurts them and our staff. We are staff accordingly with the work we get done, if they are on their own time it makes it look like we don’t need additional people."

This is the response, from me, that got me on corrective action:

"I’ve been trying to address this, although it’s been pretty busy—I’ve taken almost 40 calls and the day is only half way done. But, I decided to issue the customer a 20.00 dollar credit out of courtesy. Just to let you know, there is no charges associated with the DR, other the bundled charge, which he is getting a monthly credit of 7.95. But to appease the situation I’ll compensate his account."

They stated that I was being unprofessional because I told him I was busy.

You would probably win in unemployment if they fired you for that.

Does seem a bit harsh to reprimand you strongly for that.

Your lack of professionalism was calling so many times to report your co-workers, and for what? WORKING on their breaks? Highly unusual. You are not a team player, obviously, and it's not a wonder you were the one picked out for scrutiny. I'd fire you too if you were paying that much attention to what everyone else was doing.

Nobody likes a snitch. Not even employers. What these co-workers were doing was not a danger to you nor was it an action that required you to "rat them out". Not only are you unprofessional, you are childish and need to learn how to mind your own damn business.