The Home Depot - THD Unfair Employment Practices & Securities Fraud
Store Employment - Complaint
MADISON, ALABAMA -- 1. THD employer fraudulent activity after appointment (hiring) and during retention employment practices. I applied for the advertised Head Cashier job offered on their website and at indeed.com. I was offered the Head Cashier position for employment with THD. I accepted the Head Cashier position with THD. After completing the majority of the planned computerized training (about 42 hrs over 2 wk period included about an hour training on register), I started working on the register with real customers. I was scheduled, worked, and compensated in a "Cashier" position at THD for a period spanning over five (5) weeks. I was never scheduled, worked, or compensated in a "Head Cashier" position. Conclusion - This is fraud (misrepresentation) action and unfair employment practice. The "Cashier" job position is different and separate from a "Head Cashier" job position. The Head Cashier position is a supervisory position involves more responsibility etc and therefore more pay.
2. THD employer intentionally and repeatedly performs unfair employment practices by ordering/allowing employees to perform the duties and responsibilities of other job classes on a regular basis. During my employment as a "Cashier", I was told by my supervisor (Head Cashier) to relieve another employee in her position so that person could go on break. The position the other employee was performing at the time was the position "Customer Greeter". I performed this position for 15 minutes or so. Conclusion - This practice is so prevalent (almost every employee in the store, new and old, was involved in "jumping departments/job positions" that it is difficult to distinguish who is actually assigned to which department and in what capacity.
3. THD employer intentionally and repeatedly performs unfair employment practices by ordering/allowing employees to perform the duties and responsibilities of other job classes on a regular basis. During my employment as a "Cashier", I was scheduled and worked as a "Pro Cashier" on certain days and for certain hours and told to relieve a fellow employee performing the "Pro Cashier" job. The "Pro Cashier" job position is separate and different from a "Cashier" or "Head Cashier" position. The "Pro Cashier" requires someone with more experience and knowledge to service "Pro Customers" who spend more monies because they are professionals. Conclusion - This practice of "jumping job positions" by substituting another employee hired in a different job position is prevalent that Cashiers who have worked for THD for years do not realize it is an "unfair employment practice" to switch job positions on an employee by ordering/allowing an employee to "jump job positions" whether it is for breaks, lunches or "as scheduled".
4. Each job position is assigned certain job duties. Each job has a certain capacity where knowledge is required prior to employment to meet certain employer expectations and then acquire knowledge (training) during employment to remain employable. Each job has a certain degree of responsibility which may involve supervisory or management skills and knowledge. Each job is assigned a pay scale based on the assigned duties, knowledge, experience, skills, responsibilities, and may include supervisory or management compensation. Every company is required to define every job position within their organization. When an employee is hired in one position but ordered to perform the duties of another position, in other words, "jumping job positions" this is an unfair employment practice. The employee is not classified to perform the duties of the other position. The employee may not have the necessary job skills, experience or knowledge needed by the other position. The employee is not fairly compensated for their labor in other position. The action of "jumping job positions" is a violation of the Fair Labor Standards Act. It is unfair to the employee because the employee work performance is not properly recorded and the employee work record is not properly cited for performance of work of a higher capacity nor is the employee properly compensated for work performed requiring a higher degree of knowledge, skills or experience. All "Sales Associate" job positions (all jobs performed by employees in other departments or on the floor other than "Cashier" or "Head Cashier" positions) are paid higher than "Cashier" job and most likely more than "Head Cashier".
5. These "jumping job positions" skews the actual payroll expense for every department within the Store causing a "watered payroll effect" (payroll is one of the biggest expenses to any retailer) and therefore it is fraud (misrepresentation) of expenses (financial data and reports) to intentionally mislead and obtain employee and management BONUSES, employee purchased STOCKS, individual purchased STOCKS, and STOCK GAINS or DIVIDENDS.
6. The "watered payroll effect" is an INTENTIONAL MISREPRESENTATION of financial information that is relied upon to make financial decisions and therefore is a SECURITIES VIOLATION and every employee, supervisor, manager who participates in the "watered payroll effect" is committing and partaking in SECURITIES FRAUD.
7. THD employer intentionally and knowingly participates in unfair employment practice in training its employees. I was observed on three separate occasions and written up by a Head Cashier for not offering customers the THD credit card (offer each customer to open a THD credit card account). I was never trained in offering THD credit card. At the time of each observation and writeup, I was never advised by any of the Head Cashiers who are required to train cashiers. It was later I was presented the three writeups. My defense was I was never trained nor have any knowledge I was suppose to offer customers THD credit card. How can I offer something I have no knowledge about nor was I ever trained about. Conclusion - It is an unfair employment practice to train only certain employees while other employees are left in the dark. Fair employment practices covers recruitment, hiring, retention, training, termination, compensation and benefits.
It is just blatantly obvious you are bullying, threatening, and retaliating against me by writing me up 3 times and not training me.