- Report: #863882
Report - Rebuttal - Arbitrate
Complaint Review: Monro Muffler Brake, Inc - (MNRO)-Nasdaq
Monro Muffler Brake, Inc - (MNRO)-Nasdaq200 Holleder Parkway Rochester, New York United States of America
Monro Muffler Brake, Inc - (MNRO)-Nasdaq MNRO, Monro Muffler Brake & Service, Tread Quarters Discount Tire, Mr. Tire, Autotire Car Care Center, and Tire Warehouse names in New York, Pennsylvania, Ohio, Connecticut, Massachusetts, West Virgi Unethical Finding, overtime, FLSA, fair labor standards act, misclassification of workers, racial discrimination, extort employee pay for cash drawer, forced "off the clock" uncompensated work, Class Rochester, New York
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The claimant was discharged by MONRO MUFFLER BRAKE INC. on 0x/xx/2012. The employer discharged the claimant for failing to perform assigned duties. Claimant has provided evidence that the assigned duties were unethical. Facts establish that the claimant made known his/her objections to the employer and no corrective action was taken. Ohio's legal standard that determines if a discharge is without just cause is whether the claimant's acts, omissions, or course of conduct were such that an ordinary person would find the discharge not justifiable. After a review of the facts, this agency finds that the claimant was discharged without just cause under Section 4141.29(D)(2)(a) , Ohio Revised Code.
1.) Please describe the work assigned to you, which you believed to be unethical. [continued below]....
Monro has been unethical as a matter of well-established public policy, internal company policy 2.04, 3.05, 3.10, and violated applicable laws and regulations in every jurisdiction where Monro conducts business.
Monro is violating the FLSA (Fair Labor Standards Act) and misclassified individuals as exempt employees from overtime pay when in fact they were non-exempt workers and should have been paid for the overtime hours worked. Claimant worked 76 hrs. per. week, exercised very little control over the nature of the various duties, was not afforded freedom of decision-making authority, was closely supervised and the primary duty was that as cashier, janitor, dockworker, inspector, parts counterman, and various other non-exempt duties. Claimant was a misclassified employee that should have been paid overtime for hours worked and was not paid overtime as required by State and Federal law in every jurisdiction that Monro conducts business.
Claimant was partially trained on Monros computer program (VAST) that defaulted and subjected employees to a policy that automatically deducted a 30-minute meal period even if employees worked during the meal break. Claimant was not trained on methodology to override Vast default, instead Claimant was insistently trained that it was Monro company practice to take 30 min. meal deduction regardless of circumstance in violation of the Fair Labor Standards Act. Monro utilizes intimidation and threats of termination to extort Off the Clock work from employees to inflate accurate accounting, deceiving stockholders in violation of Sarbanes Oxley and the Fair Labor Standards Act.
In the presence of Claimant, Monro created a hostile working environment on 0//2012 as Market Manager engaged in racist dialogue with customer, xxxx xxxxxx. Ms. xxxxxx stated; We need to send Obama back to Africa where he came from. Market Manager engaged in unwelcomed laughter regarding the obvious racist statement. Ms. xxxxxxs comment was viewed as racist in nature because Obama was born in the USA and it is well-established public policy that We need to send them back to Africa is derogatory or degrading verbal comments based on race. Ms. xxxxxx and Market Manager continued unwelcomed jokes, name-calling and ideologue, which ended with Market Manager stating: Hopefully we can get him out of office. Monro engaged in unethical behavior and violated EEOC laws and regulations.
Monro is violating Sarbanes Oxley and FLSA via Cash handling procedures. Monro extorted employee reimbursement of drawer shortages by intimidation and threats of termination. Although Monro has a company policy 3.05 that prohibits improper, unlawful, deductions from pay, Market Manager demanded Claimant reimburse store cash drawer shortages for shifts that Claimant had no control or responsibility. Claimant refused. Market Manager engaged in verbal threats and verbally charged Claimant with falsification of company records. Claimant advised Market Manager that the correct reporting was utilizated via appropriate Cash variance code in VAST computer program. Market Manager apparently was unaware of aforementioned cash variance code and advised that follow-up research would be conducted. Market Manager threatened written warning and Claimant advised that further warning would be viewed as unfavorable. Claimant advised labor attorney would review written matters. Monro extorts personal funds from employees to compensate normal cash variance in an effort to inflate accurate accounting, deceiving stockholders in violation of Sarbanes Oxley and the Fair Labor Standards Act.
Monro was unethical as Market Manager engaged in intimidation, harassment, and subversive behavior in retaliation for Claimants utilization of company policy 3.10, Freedom of Discussion, when Claimant brought all unethical, unlawful ( emphasis added) behavior to the attention of management on 0x/xx/2012.
Monro wrongfully terminated Claimant on 0x/xx/2012 in retaliation for exercising lawful rights under the Fair Labor Standards Act, EEOC, Sarbanes Oxley, various State, Federal, statutes and well established public policy.
Attorney Investigating Class Action: (((phone number redacted)))
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This report was posted on Ripoff Report on 04/04/2012 01:53 PM and is a permanent record located here: http://www.ripoffreport.com/r/Monro-Muffler-Brake-Inc-MNRO-Nasdaq/Rochester-New-York-14615/Monro-Muffler-Brake-Inc-MNRO-Nasdaq-MNRO-Monro-Muffler-Brake-Service-Tread-Quart-863882. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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