Would providing the bank records work out if you can't come up with the receipts? An atty should be able to subpoena any records as far back as necessary. Although you're right in that they're looking for any reason to cut you and to not look like the bad guy.
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First of all get the request for the receipts in writing and make sure they note the reason they're asking for them. When you speak to the lawyer mention that they have removed a number of employees in unfair manner. If you put enough of these former employees together it may constitute a suit against them for unfair labor practices. Sometimes just the threat of a suit is enough to get them to reconsider their actions. IMO they have no ground because they paid you. If there was a question it's with the manager that approved it and his manager that approved it, not you. The fact that they paid you is proof enough that the receipts were not required and was their decision to do it that way and not yours. If there was any question on your requests it should have arised long before now.
Do you have any friends that are lawyers? If so send the company a letter on legal letterhead asking for the names of any recently fired employees for a possible litigation that is being researched. It really doesn't have any strength but if they are knowingly doing any illegal stuff it'll shake up the ones not familiar with law.
I had a relative that worked for a well known national company that was fired, unexpectedly just before his 25th anniversary with the company. No explanation just all sorts of questions about procedures and stuff and bam! bye-bye. 6 months after he gets a letter from the owners of the company congratulating him on 25 years with the company.
His wife flips and decides to write a letter to them, he wanted to let it go because he actually got a better job working for their direct competition.
Needless to say they never even knew he had been fired and weren't aware of any inproper actions that had occurred. When they researched it his manager and the regional director were stealing from the company and needed someone to blame it on, so they pretty much did everything without any of the upper people knowing.
They fired both of them and offered my relative the directors job but he refused and stayed with the competitor.
Sometimes the important people don't even know what's going on in the trenches.Last edited by megocrazy; May 18, '10, 3:32 PM.It's not a doll it's an action figure.Comment
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I don't understand what's going on, since your methods of payment are completely different than ours, no checks or receipts or anything here. But I do understand the situation is messed up, so I wish you all the best"...The agony of my soul found vent in one loud, long and final scream of despair..." - Edgar Allan PoeComment
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Thanks megocrazy and thanks to all for the help and support.
Megocrazy,
What you wrote below on my case is exactly how it played out. I would hand in my Reimbursement form for what I paid cash for. My direct boss would review that form for 5-10 mins, he would then write Approved by x his name signed. From there he would say ok take that to my boss ( who is a big VP at my job) and this second VP manager would also review my form and again approve it by signing. From there it went to accounts payable and they cut my check. This went on for years. Never once was i questioned. Never was I writing or verbally did they ask for receipts in 10 years, yet I made it clear that i would have provided receipts when asked, but they never asked.
All check paid to me were approved by 2 managers. And now they want receipts from Reimbursement checks from the past! I'm getting sick over this crap. I been do the doctor with a damn anxiety attack since this crap started. Unreal!!
Thanks again
First of all get the request for the receipts in writing and make sure they note the reason they're asking for them. When you speak to the lawyer mention that they have removed a number of employees in unfair manner. If you put enough of these former employees together it may constitute a suit against them for unfair labor practices. Sometimes just the threat of a suit is enough to get them to reconsider their actions. IMO they have no ground because they paid you. If there was a question it's with the manager that approved it and his manager that approved it, not you. The fact that they paid you is proof enough that the receipts were not required and was their decision to do it that way and not yours. If there was any question on your requests it should have arised long before now.
Do you have any friends that are lawyers? If so send the company a letter on legal letterhead asking for the names of any recently fired employees for a possible litigation that is being researched. It really doesn't have any strength but if they are knowingly doing any illegal stuff it'll shake up the ones not familiar with law.
I had a relative that worked for a well known national company that was fired, unexpectedly just before his 25th anniversary with the company. No explanation just all sorts of questions about procedures and stuff and bam! bye-bye. 6 months after he gets a letter from the owners of the company congratulating him on 25 years with the company.
His wife flips and decides to write a letter to them, he wanted to let it go because he actually got a better job working for their direct competition.
Needless to say they never even knew he had been fired and weren't aware of any inproper actions that had occurred. When they researched it his manager and the regional director were stealing from the company and needed someone to blame it on, so they pretty much did everything without any of the upper people knowing.
They fired both of them and offered my relative the directors job but he refused and stayed with the competitor.
Sometimes the important people don't even know what's going on in the trenches.Comment
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My best guess not being there, they're bluffing.
If they weren't interested in collecting an expense sheet and there's nothing too outlandish or out of the norm then I'd say they're trying to run a game on you.
If you don't have the receipts you don't have the receipts. Sure they can fire you (if they don't do it with this they'll find something else, it IS going to happen) but I would think that their lack of collecting any information on what was spent should really screw up any chance of taking even the most basic legal action against you. They're concerned that you'll collect unemployment which costs them money.
If they offer a clean break in exchange for you signing something or not collecting unemployment you know what's up. Don't back down.Comment
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When this is settled tomorrow I will tell you more crap that will **** you off. They also teased me because i have a disability, Long story short i had brain surgery years ago, my employer is well aware that i have a short term memory from major brain surgery. I'm very depressed that they are attacking me like this. I know life isnt always fair, but this is bad! very wrong. I need a drink.
Thanks
I just found out i have a meeting tomorrow with human resources and the VP of the company at 11am. If i'm fired , i'm walking out without signin ****!
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Stand your ground. Don't say anything you can't back up, make no threats, let them lead. No receipts is no receipts; it wasn't a big deal then, so it ain't now.
You will be fired, but best not to turn them on to the fact that you're entertaining the thought of a lawyer. Give them nothing, let them do what they're going to do. Ask them if they'll give you a good reference; if nothing else it'll give them the feeling of control.
I hate corporate life.Comment
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Stand your ground. Don't say anything you can't back up, make no threats, let them lead. No receipts is no receipts; it wasn't a big deal then, so it ain't now.
You will be fired, but best not to turn them on to the fact that you're entertaining the thought of a lawyer. Give them nothing, let them do what they're going to do. Ask them if they'll give you a good reference; if nothing else it'll give them the feeling of control.
Do what you need to do, keep your mouth shut about it and don't give them any indication of what you are planning. The ball is in THEIR court. The burden of proof is on them, so get your ducks in a row and keep your mouth shut. Don't give them any ammunition. You are in control of this, though it may seem to you that they are. Wrap your head around that now. You aren't a victim, yet and you don't have to be when it is all said and done. Resolve to do what it takes to stand and based on what you have told us, they are spoiling for you. Don't be a victim here, Dude. They are counting on you to go off half-cocked and that is their only bullet.
Play your cards right and they will have gone for wool and come back shorn.Comment
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I am so sorry, this is wrong on so many levels. They sound like really low-life creatures.It's all good!Comment
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I'm certainly no lawyer, but from what I have gleaned on the subject:
1) Firing you does not necessarily get them off the hook for unemployment. You can still file, and if they choose to fight it, it will go to an arbitrator (at least that is how it works where I live).
2) Does the company have explicit written polices about submitting and retaining receipts? The review process you described is the company's defense against fraud. Once they have approved the expense and cut the check (again... they cut the check, you didn't), the burden should be on their side.
3) Have other employees had expense reports without receipts go unchallenged? If you can show a policy was not consistently applied, or the punishment for offenses was grossly unequal, that usually puts the company in legal hot water.
4) Discrimination due to a medical disability is criminal. If they tease you about your disability, and then fire you, you could easily take them to court. I might even throw it out there to see how they react. "I can't help but think we wouldn't be having this conversation today if it wasn't for my disability." It may make them think twice... or if they are as dumb as they sound like they are, it may lead them to say something that will come back to haunt them in the courtroom.
5) They may also offer you some sort of package for separation. By accepting the package, you essentially waive any rights to go after them for wrongful termination, discrimination, etc. If they are offering you a package, there should be no reason you can't say, "I will take this information, review it, and give you an answer tomorrow morning."
On the flip side, you may be fine with that... heck, it sounds like you may have every reason to want to get out of there and if they are giving you incentive to go, you may choose to take it... but you probably want to carefully negotiate the details. If you have medical issues, you may want to work out some arrangement on your medical insurance (not sure how the Obama stuff changes all that... but historically, medical coverage has been a big problem for the unemployed). If they want you gone, and you are ready to leave, then you should be able to work out terms that you both can live with. They don't want a messy legal battle, and that gives you some leverage. Negotiate your exit the same way you would your hiring.
It really stinks what they are doing to you. Makes me sick just to think about it. But have faith that everything will be okay in the end. Just don't let them bully you.Comment
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Wow - your company sounds pretty sleazy! It's good to hear you're going to get legal advice, I'm really hoping everything turns out for the best!
Sorry if those seem like silly questions, but all I know about modern Belgium is what I learned by watching "JCVD".Comment
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