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An American Business Founded Upon dgs49's Ethics

Posted: Thu May 02, 2013 5:25 pm
by dales
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Kristi Rifkin had been working at T-Mobile Call Center in Nashville for four years when she got pregnant with her third child. She says she loved her job.

"I had a great run," Rifkin, 40, told ABC News. "I was making bonus. T-Mobile was good to me. I never had a problem getting a schedule I wanted. I enjoyed it. I had even left another company to work at T-Mobile because they had great benefits."

But her good will toward the company changed once she got pregnant.

According to Rifkin, the pregnancy-her second (she has one stepson)-was a difficult one, and she was going to the doctor twice a week, seeing both a regular obstetrician and a high-risk obstetrician. She was also required to drink "tons and tons" of water - which, in turn, resulted in frequent trips to the bathroom. This did not sit well with T-Mobile, she said.

"They give you two 15 minute breaks and a 30 minute lunch," said Rifkin. "If you can't take care of your biological needs in that time period, you don't go."

Before her pregnancy, this wasn't an issue. But as she explained in a blog post on MomsRising.org, frequent jaunts to the bathroom would cut into what was known in the call center world as "adherence" - a metric that measures the degree to which employees meet their quota for being on the phone.

"You have different numbers you have to meet each month, and if you don't meet them they can fire you," she said. "The thinking is that if you're off the phone and you're not doing what you're supposed to be doing, then there are customers waiting to talk to you."

She tried to hold off on eating and drinking; she needed the health insurance the job provided. But the baby was suffering, Rifkin said, and she had to start drinking water again.

Finally, she said, her supervisor pulled her aside and told her to get a note from her doctor explaining that she needed to go the bathroom often. "At that point, I thought my head was going to launch off my shoulders," said Rifkin. "'Are you serious? I need to get a note from my doctor to go to the toilet?' This is a basic biological need.'"

But Rifkin did as she was told; she got the doctor's note and cleared it with Human Resources. She was told that she could use the rest room any time she needed to, she said, but that she would have to clock out. When she returned from that bathroom, she would have to clock back in. "This meant I was out of work for five minutes," she said. She had to write the hours down and turn it into her supervisor, just to make sure she wasn't taking advantage of the situation.

"I ended up using my vacation time to use the bathroom," she said.

But she still wasn't eating and drinking as she was supposed to. Her blood pressure skyrocketed. She was stressed and anxious.

She finally went on the Family Medical Leave Act, which requires employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees, seven weeks before her son, Ian, was born, on May 14, 2010. A month and a half after she returned to work she was fired, she said.

The reason? Rifkin says she was summarily fired after she failed to remove an extra-charge feature from a customer's account, the commission for which was 12 cents. She says the rare error occurred when she either forgot to remove the charge or removed another charge instead.

She got no severance, she said, and now pays for medical expenses out of pocket.

Rifkin said she has no plans to sue the company; it's too expensive, and Tennessee is an at-will employment state. "They can fire you for any reason," she said

The US. Department of Labor reports that only eight states require paid rest periods and Tennessee is not among them.

"There is no specific legal requirement that requires employers to let their employees use the restroom," Paula Brantner, the executive director of Workplace Fairness, which provides legal information about workers rights. However, "If a pregnant woman is the only employee being forced to clock out, and they don't require males or non-pregnant females to do so, it would seem to me that would be pregnancy discrimination."

In an email statement to ABC News, T-Mobile spokesperson Glenn A. Zaccara said that he could not comment on a specific individual. But "T-Mobile employees enjoy generous benefits including paid-time-off and short and long-term disability coverage," he said. "The company has leave of absence policies in line with regulatory requirements."

Rifkin was not impressed. "I'm done with T-Mobile," she said. "I don't want anything to do with them anymore."
I'm sure this is the tip of the iceberg with so many people being out of work. It would seem that human decency has taken a back seat to penny-pinching company ethics. I hope t-mobile goes tits up and soon! :arg

Re: An American Business Founded Upon dgs49's Ethics

Posted: Thu May 02, 2013 7:25 pm
by rubato
An American business founded upon Republican Party ethics.

Screw the working class. Kill more of them.


yrs,
rubato

Re: An American Business Founded Upon dgs49's Ethics

Posted: Thu May 02, 2013 8:12 pm
by dgs49
Anyone reading this story and taking it at face value is a fool. There are more holes in it than a screen door.

If it were even remotely true, she would have an army of lawyers beating her door down to take her case - many of them on a contingency basis.

Fired "for cause" because of bathroom breaks? Give ME a break.

Re: An American Business Founded Upon dgs49's Ethics

Posted: Thu May 02, 2013 8:23 pm
by dales
Yeah, dgs....al those news organizations are fooolish for picking up the story.

What a maroon :mrgreen:
Add "Kristi Rifkin" section to my Google News homepage




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Kristi Rifkin forced to clock in and out of work to use bathroom



WJLA-May 1, 2013

In an interview with ABC News, 40-year-old Kristi Rifkin, who worked at a T-Mobile call center in Tennessee for four years, was told she'd need ...





Kristi Rifkin Says T-Mobile Made Her Clock Out for Bathroom Breaks ...
Opposing Views-20 hours ago

Pregnant T-Mobile Employee Kristi Rifkin Fired After Being Forced ...
International Business Times-May 1, 2013


Pregnant T-Mobile Employee Clocked Out to Use Toilet
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T-Mobile criticized for bathroom break policies



MSN Money-2 hours ago

Writing on the MomsRising.org website, Kristi Rifkin recounted her time working while dealing with a difficult pregnancy at a Nashville, Tenn., ...



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Pregnant T-Mobile Employee Had to Clock Out to Use Toilet



WPRO-May 1, 2013

(NEW YORK) -- Kristi Rifkin had been working at T-Mobile Call Center in Nashville, Tenn., for four years when she got pregnant with her third ...

Re: An American Business Founded Upon dgs49's Ethics

Posted: Thu May 02, 2013 9:10 pm
by Sue U
dgs49 wrote:If it were even remotely true, she would have an army of lawyers beating her door down to take her case - many of them on a contingency basis.
Based on what, exactly? What law did the employer violate? And even if there were some basis for liability, what do you imagine is the measure of recoverable damages on which to calculate a contingent fee? More importantly, what do you think the costs of that litigation would be? For someone who claims to have gone to law school, you demonstrate remarkable ignorance of how the legal system works.
dgs49 wrote:Fired "for cause" because of bathroom breaks? Give ME a break.
Do you actually read the posts before you start typing? The story says she was fired for failing to remove a charge from a customer account. The story also says Tennessee has no legal requirement that employers permit rest/bathroom breaks. And it doesn't matter whether she was fired for bathroom use or a fumbled account or because there was a full moon, since Tennessee is an at-will employment state. You can be fired for a good reason, a bad reason or no reason at all, as long as it's not a (provably) prohibited reason.

Re: An American Business Founded Upon dgs49's Ethics

Posted: Sat May 04, 2013 1:48 pm
by Econoline
rubato wrote:An American business founded upon Republican Party ethics.
"Whatever is not nailed down is mine...and whatever I can pry loose is not nailed down."
-- attributed to Collis Huntington, 19th century railroad tycoon and robber baron, who would fit right in with today's Republican party.

:evil: Hey, if a business can get away with not letting employees take bathroom breaks that just goes to prove that bathroom breaks have no economic value. (Just like those fine economically brilliant business owners in Bangladesh have recently proved, by rigorous scientific experiment, that providing a workplace that doesn't collapse and kill your employees has no economic value.) Econ 101, right?