Complaint Review: BaHa LLC dba Auntie Anne's Pretzels

Matt Forbush, the owner, put me under duress using intimidation and force in an attempt to sign a contract agreeing to terms that were never discussed at my point of hire.  Had they been discussed, I would never have taken the job.  In text, he threatens to fire me for insubordination.  In email, he terminates me because the company is going to move in a different direction.  In writing on the separation notice, he claims poor work performance.  All of these reasons for termination stem from the fact that I refused to be forced to sign a document that had vague terms and stipulations before obtaining more information from him, which I had requested but was declined.   

A brief discussion regarding switching managers between stores (Cool Springs Galleria and Hickory Hollow Mall) occurred in the spring.  Matt told me that he felt I did not have the bottom line in mind and repeatedly asked if I liked him (professionally).  I reminded Matt that regardless of how I felt, the corporate Store Representative had reviewed how well I had been doing, raising net sales per customer by a significant amount, and that I had kept comparable year to year net sales above 10% on average each month.  Matt thought about this for a few minutes in silence, and then said we would work something out.  It was not brought up again until I had to miss work several months later.  I became ill, but recalled Matt stating that if I ever called out of work that I (or any other employee) had "better be in the hospital."  With no health insurance and lack of managerial support (my assistant manager was out of town), I informed Matt that I was a serious health hazard to the business and desperately needed him to come in.  He refused.  With a 104 temperature, I worked the next three days (in a food and beverage establishment, mind you) before I could no longer stand at the end of the third night, shaking uncontrollably and becoming violently ill on the way home in my roommate's car.  Because I was unable to speak, my roommate had to call and inform Matt that I was not going to be able to work and that I was seeing a doctor the following day.  The doctor's orders were no work for several days.  Matt was infuriated, asked why I had to miss work, and demanded I work from home.  (I do not believe Matt believed me when I said I had pneumonia.)  Fearing him and the loss of employment, I did so.  Looking back through email, I apparently sent some very delirious emails (some of which don't even make sense, some of which I'm not sure when I even wrote other than what the time stamp says) which I would say that I regret, but I was under duress with a 104 temperature and trying to do my job.  This may have been the breaking point for Matt, but I do not know for sure.    

Once recovered and I was getting back into the swing of things, I stopped by Matt's primary business, Otter's Chicken Tenders, to pick up a reimbursement check.  It was at this time that Matt presented me with some papers and said, "Take a look at these and tell me what you think.  My friend who had come in with me overhead this and the audio/visual cameras that Matt has in the store could confirm this.  When I got home, one hour before I was to leave for work, I read over the papers.  The following texts transpired:

MGR @ 13:54:  Matt at a quick review these memos are inappropriate and i will not sign these forms until i have had adequate time to review them.  We should try to keep things in line with industry standards. As for switching stores (as of this sunday) my feelings on this matter have not changed. This will immediately affect profitability and more importantly training of new hires.

MF @ 14:00:  You do not rewrite memos for my company, you will abide them like everyone else does or be terminated for insubordination.

MF @ 14:01:  Either they will be signed by the time I get there or I will have your separation notice filled out to give to you

MGR @ 14:09:  Cool heads must prevail regarding this matter. I have been given one hour to look at this and you stated take a look at these and give me your thoughts. I did what you asked and you immediately threaten my job? There are some legitimate talking points that should be discussed and can be resolved. I do not understand how my opinion is insubordination since you wanted my thoughts on the memos.

MF @ 14:11:  I never asked for your thoughts I said I would be over there to discuss any questions with you, but nothing is changing

MGR @ 14:13:  I have witness to what you said exactly. Perhaps you meant to say something different but you did not.

MGR @ 14:19:  What time do you plan to be at the store? I am going to work, i will be training. This needs to be discussed tonight.

MF @ 14:45:  there is nothing to discuss, those documents have to be signed and abided by

MGR @ 14:48:  Memos and contracts are two different things.  Memos will be signed as required by the job, but one hour to review a work contract is egregious and creates a hostile work environment. Do you disagree?

MGR @ 15:02:  Just to clarify only the memos must be signed, correct? I am not signing the contract due to the hostile nature in which it was presented. I am under duress to agree to terms that were never discussed at my point of hire.

MF @ 21:22:  Please check email before your shift

My shift began at 3:00pm that day.  I arrived to work and began training new hires.  Walking to the back with them, Matt ran into me and ordered for me to go home for the day.  I said, Matt, we need to talk.  He reiterated, Go home, were not talking about this now.  I insisted on the matter.  Al [his father] and I are going to talk, well talk about this tomorrow.  Go home.  Will I be paid for all of today? I asked.  He replied Yeah, as he walked away with the new hires.  There was a witness that observed and listened as I had to chase Matt down one last time to give him materials that were to be given to the trainees and to tell him where their employee files and uniforms were.  I left as ordered.

The email sent by Matt is as follows:

Effective 8:00 PM CST BaHa, LLC is going to move in a different direction with our management.  This is due to various operational inconsistencies with both Auntie Anne's Inc. and BaHa, LLC as well as failure to preform basic duties required of management and lack of the ability to bring the team attitude and management philosophy we strive for at BaHa, LLC.  You will have a formal termination notice waiting for you at the kiosk by 8:00 PM CST on Friday, June 8, 2010.  Your last paycheck will be available after 2:00 PM Friday, June 15.  In order to receive the full amount please make sure to return all BaHa, LLC materials...[confidential list omitted].

Matt Forbush

[phone number omitted]