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DLSE RETALIATION COMPLAINT FOR AT&T FOR REST BREAKS/PAY

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Aug 22nd, 2013
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  1. Luis Macias
  2. macias619@msn.com
  3. Cell: 619-846-0205
  4. Fax: 619-383-8101
  5.  
  6. Division of Labor Standards Enforcement
  7. Retaliation Complaint Investigation Unit
  8. 7575 Metropolitan Drive
  9. 605 West Santa Ana Blvd., Bldg. 28, Rm 625
  10. Santa Ana, CA 92701
  11. Phone: 714-558-4913
  12. FAX: 714-558-4587
  13.  
  14. Thursday, August 22, 2013
  15.  
  16. Re: State Case No. 31971-STARCI; Luis Macias v. AT&T I AT&T Mobility LLC
  17.  
  18. Statement of Events
  19.  
  20. To Whom It May Concern:
  21.  
  22. On 06/20/11 I was hired by AT&T Mobility as part time RSC. Throughout my 2 years working for the company others and I have had issues with being able to take our rest breaks. Since Fred Cruz took over as acting manager in October 2012 the issues of not being able to take our rest breaks reach an all-time high. Some of the issues that didn't allow for rest breaks to be taken included under staffing and managers not being available to authorize a break. It is my honest believe that because I came forward to report issues with rest breaks for me and my coworkers and complaining about fraud in the company that the company and its employees were retaliating against me in an effort to get me terminated. There is a lot of discrepancies and issues surrounding a sexual harassment complaint. These discrepancies include Diane Schwantes, HR employee stating that she knew nothing of a sexual harassment investigation on 05/23/13 when in fact the company lawyer states that she did. A different lawyer AT&T hired who conducted the sexual harassment has no mention of Lina Ousa my store manager being involved in any way yet in a statement for my whistleblower retaliation complain it mentions her various involvement. There is also concern for Laura Yang another coworker of at my store who was involved in both a sexual harassment investigation and a zero tolerance investigation for inappropriate photos on the company greeter iPad. Her name appears heavily radicated from the sexual harassment investigation report and she was not fired although she violated company policy. Finally AT&T's position statement for my whistleblower retaliation complain states that Rene Schor additionally found inappropriate texts and photos on my personnel phone yet there is no mention of this in her official report. When I filed my complain with the AT&T Ethics Line the company didn't really seem helpful in my concerns. It took the company 3 months to conduct their investigation, they told me they had completed their investigation but did not provide any details into it. The grievance I filed for not being able to take my rest breaks is on 4 months, it has reached arbitration with the union and is awaiting the next step. Several other employees in my store had issues with rest breaks also. I suspect foul play may be involved and I request further independent verification of the facts. Rudy Rodriguez my Communication Workers of America Union Steward has been to almost all of my meetings for the various issues I describe below. Here is a time line of some of the events related to my issues with breaks. I filed retaliation complaints with AT&T but they allege there is no retaliation. I have additionally filed complaints with the SEC, NLRB, DFEH, EEOC, FCC, FTC, CPUC, IRS, various other government agencies and consumer agencies.
  23.  
  24. On or around 01/05/2013 we had a store Meeting with Fred Cruz and Robert Potter. Fred talked about how he didn't know why everyone cared so much about breaks, that when he was a RSC he would work through his breaks and never take them. He also stated that breaks are earned and not entitled. This can be verified by several employees that were present in the store meeting that day.
  25.  
  26. 04/04/20013 I sent an anonymous letter to the top 4 executives in the company detailing issues with breaks and fraud happening in the company.
  27.  
  28. On or around 04/14/2013 I couldn't get a manager to let me take my 15 min break or my lunch break. I decided to just take my lunch break. Fred saw that I went on lunch without being approved and he was very upset, he immediately started telling me in front of my coworkers Lila Vaca and Fran that I would be PDTS'd (AT&T Coaching) for not getting approved. I called the ethics department to file a complaint about not getting breaks, I filed a union grievance and I contacted Diane Schwantes and Tammi Terrell through email advising them of the situation. A DLSE complaint was filed as well. The email is attached.
  29.  
  30. On 04/21/2013 I text Tammi Terrell, The VP/GM of the West Region after I heard she did a store visit and missed me and several employees waiting to talk to her. I asked if she could written another day to talk to us. She did respond and said she would.
  31.  
  32. On 04/24/2013 Tammi Terrell and Diane Schwantes came to the store to talk to employees about issues and concerns going on at our store and our company. See separate letter included for this date.
  33.  
  34. On 04/27/2013 I was moved to the Mira Mesa store because of hostile work environment and retaliation.
  35.  
  36. On 05/01/2013 I reported securities fraud and general accounting fraud to the Securities Exchange Commission that was happening at AT&T.
  37.  
  38. On 05/03/2013 Interviewed by Antonio Salzedo from Asset Protection for the fraud happening in the company. I provided him the document included.
  39.  
  40. On or about 05/09/2013 I texted Alfred about reporting AT&T for violations of law. I had also talked to him in person about it a few times.
  41.  
  42. On 05/23/13 I was told I was being investigated for sexual harassment by Lina Ousa, Antonio Salcedo, with Rudy Rodriguez of the CWA being present. See separate letter.
  43.  
  44. On 05/28/13 I was told of the investigator handling the case the formal charges.
  45.  
  46. 06/06/13 I was put on suspension with pay pending an investigation of sexual harassment
  47. After being suspended my hours were cut from an average of 70 to 53 hours even though I was promised my pay would be the same while suspended. The company stated that my hours had been reduced, however the system always requires an inspection of the schedule and assigned hours so I find this hard to believe.
  48.  
  49. 06/11/13 Filed a charge with National Labor Relations Board against AT&T.
  50.  
  51. 06/21/13 I conducted the sexual harassment interview with Ms. Rene Schor. She was very biased in her investigation and asked questions that were outside of the scope of the investigation.
  52.  
  53. 06/25/13 I received a tip from coworker Laura Escobedo that foul play could be involved with sexual harassment complaint. The complaint was forwarded to Rudy Rodriguez with the CWA union.
  54.  
  55. 07/04/13 Send AT&T a demand letter for wages owed for rest break penalties (rest breaks I didn't get to take)
  56. It was for 100 hours, $1600 at my current rate of $16 an hour. The company offered to pay much less than I requested so I declined their offer. This is currently part of my rest break grievance I have with the union that is going to arbitration.
  57.  
  58. 07/08/13 Filed DLSE Retaliation complaint
  59.  
  60. 07/19/13 I received a paycheck for only $14.63 was missing pay as promised.
  61.  
  62. 07/23/13 I received a paycheck for missing pay plus additional compensation. I paid tax on this extra compensation.
  63.  
  64. 08/02/13 The additional compensation which I had received had been deducted from my new paycheck without my authorization. Fraud and inability to take rest breaks still happening, makes a coworker quit. Her letter is included.
  65.  
  66. 08/09/13 After complaining to the CWA union and Trinette Martinez from employee relations I received the additional compensation. I paid tax on this extra compensation. This same day I received an email from Trinette Martinez saying that the extra compensation was done in error and had been and overpayment, she stated I owed the company $1084 for the over payment they made. I told her I refused to pay it due to the fact the company had owed me payment for missed rest breaks and reducing my pay while on suspension. I advised her not to make any illegal deduction so to my paychecks in the future.
  67.  
  68. 08/13/13 I was terminated for violating code of business conduct and zero tolerance policy for inappropriate texts and pictures.
  69.  
  70. 08/16/13 received my final paycheck minus penalty pay and minus vacation hours (142 hours) earned but not paid. Contacted Trinette Martinez from Employee Resources who said I would not be paid my earned vacation hours due to misconduct.
  71.  
  72. 08/20/13 Received penalty pay for final paycheck not being paid upon termination.
  73.  
  74. Thank You,
  75.  
  76. Luis Macias
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