So basically, I used to be a lead nutrition clerk, right? I was averaging close to 18k a week in sales, working by myself. Finally, it got to the point where the extra .60 cents/hr wasn't worth it, so I stepped down. I switched with a fellow co worker, and all was well. Or so I thought. I noticed I was still making the Nutrition premium, and even though the co worker made many attempts to get his turn around document sent in, so I lost my pay and he gained his, the put it off, and put it off, and well, put it off. Here it is a few months later, and it has finally been sent in. He gets his money now, but was told that if he tried to get his backpay that I could be made to pay back the money they were giving me. Is this true? I was also told that if worst case scenario, if I tried to fight it, that I could be fired for, "dishonesty." Even though management had to have known that I was making the pay, because they refused to send his turn around document. My question is, can they do this? I mean, I would rather pay the money back than lose my job, but I really don't think from a legal standpoint that this is allowable. Input, please?
I don't see how they can. If your co-worker was doing all the ordering and work in the department, he is entitled to back pay. As long as you stepped down and turned in a notice I don't see how you can be punished in any way. I would think it would be managments problem since they cant get the neccessary pay scale correct. Don't hesitate to call the UFCW too.
Hi, just curious what state/division you are in? I'm the lead nutrition clerk in my store but I don't recieve any extra pay for it. Just wondering if only certain divisions give the extra pay.
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If it doesn't make sense, then it must make perfect Kroger sense!
it's not dividios, it's if management reporte you as lead, or dept head. they never report it, you never get the pay.
poor gal at my store, been bakery manager for over 5 years, and she doesn't get the pay she's entiltled to, because management won't report it as her In the posistion, and they threatened to suspend her, if she ever went to the union about it
totally pisses me off, because she works so hard to get nothing but grief
Here is all I can ad to this . When I became a market manager , about 8 years ado, we had a two tier pay scale. I should have been on a lower rate, because of the contract, but was not. When I brought it to the attention of the union rep, I was told to just shut the **** up and not say anything.
What I was told was that if kroger caught it, then they could change my rate back to where it was to be but that they COUND NOT TAKE BACK THE AMOUNT I was over paid.
Now in this case , the one that is not getting the proper rate can and should get it and receive back pay for it. You should or could have your pay changed back to what it is supposed to be. But they can not come back and take back what they over paid you.
Check with your union rep to make sure but I have known of a few times where people was over paid and had their rates readjusted , to fit the contract, but never was forced to repay the difference.
i wouldn't worry about the chance of you being terminated for dishonesty. all you really need to say is "I had no idea! I did my part several weeks ago in stepping down by handing in my demotion. I then expect the management team do do their part in changing my job class and pay appropriately."
But yes the person who stepped up to do the job is entitled to the retro pay. Technically you are not. So sure they could retract any extra pay that you received - that would be fair. I think you already know that right?
If they do threaten you job, use the approach I mentioned above then throw out the zinger "Maybe the one's who should be disciplined here are the one's who did not do their jobs by properly handling the paperwork." You did keep a copy of your voluntary demotion didnt you? It is signed and dated. You know who you gave it to. I suppose you talked to several co-manager's + the store manager and the HR Coordinator was involved. Yea they screwed up. If you knew you were receiving the pay then that is your moral downfall but they can not prove that unless you spoke loudly about it to everyone.
Good Luck and keep us posted on this
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I am no longer part of the oppressed, evil workforce of Kroger! Can you say "Hallelujah"
