I'm convinced that Sears is a criminal organization...

It was intended to be useful, but I haven't updated it for a while.

Anyone working for Sears on a commission only basis needs to contact their state's labor department and check out what the law is. The federal labor standards law exempts commission only employees from minimum wage but there are 18 states that do not.

I filed a labor standards complaint in Wisconsin, and although it took about 2 months to get my money, Sears was ordered to send me and dozens of other employees checks to make up the difference. I got $2700 and the average person got around $4500 that Sears had to pay out for not follow labor standards laws.

I started a new complaint now about illegal payroll deductions. According to the law the employee has to sign off on each and every payroll deduction and blanket agreements are void. Based on that they owe me another $7000 or so for commission deductions that were made over the year according to various Sears policies.

End result is don't trust that because they're a 50billion$ company that they will follow labor standards laws, or even know what they are. Check with your own state's labor office about minimum wage and payroll deductions. I am guessing that there are thousands and thousands of people who are owed money and haven't bothered to get it because they assume that Sears knows and follows the law.

They are still pretty shady though- I found out that the office I used to work in has posted a timekeeping policy now that tells employees to keep track of their hours and how. They say the employee is supposed to start their timekeeping record 90 minutes after they leave the house every day and give an example of some 11 hour work-day and how to record it so it comes out to only 7 hours. Managers are responsible for making sure employees sign off on the reduced number of hours.

Oh yeah, and I won the unemployment claim as well... Even though I quit the job, the judge ruled that quitting was a rational response to unreasonable acts on the part of the employer, because the law says that the employee is entitled to be paid a living wage for his services. He said in his ruling that I could have continued working and collected unemployment at the same time, however that was not an option due to the significant out of pocket expenses the company required me to incur in order to obtain that insufficient wage... and that the problem was exacerbated by the low quality of the leads Sears provided (i.e. a customer in a brick home that supposedly wanted siding and other leads for products that the company does not even sell), thus causing the employee to expend money needlessly.

So, latest update- I just got a letter from the department of unemployment insurance that says my benefits are held due to a question about my eligibility, which is odd since it's already gone through the court and the judge ruled that I get unemployment. Well now I have been collecting unemployment for several months and get a letter that there is another hearing coming up to determine my eligibility. Get this-

I call the unemployment office to ask what this is about, and the claims specialist tells me that Sears has now filed paperwork claiming that I never even worked for them and that I was a subcontractor. Unbelievable... I was never a subcontractor, I worked directly for Sears, they withheld payroll taxes and issued my W2 at the end of the year.

Anyhow, this is all coming from Sears corporate in Farmington Hills, IL - So before you take a job at Sears bear in mind that this is the kind of blatant dishonesty you are going to have to deal with if you take the job. The folks at Sears corporate will lie about absolutely anything in their attempts to cheat you out of whatever monies you are entitled to.

My dad worked for Sears for over 30 years.. When he started there in the 70's, he loved the job, loved his boss and loved the company. In the last decade or more, he's been mistreated, talked down to, and basically ignored by management. They trample all over him, dictate his every move, and treat him like crap. I feel so horrible for him, but he's so close to retirement he just has to take it from them. I am so worried that Sears will go under before he has a chance to get out of there. I hate to see things like this happen, and I guess if you're older in the workforce, it's even worse...

I am glad I found this forum. I knew I was not the only one but was hoping there was a blog somewhere regarding SHIP's abusive labor practice. I echo what you and the others have said here in this forum.
I was duped into believing that I could make over a six figure income after one year; duped into believing that the investment I make in time, gas money and mileage would bring a return that made it worthwhile; duped into believing that I would have such freedoms comparable only to what I was used to as a businesswoman; duped into believing that Sears was doing me a favor by providing me with leads rather than making me get them myself; duped into believing that they are a great company that pays people what they earned. Instead, I have made 4 sales after running 60 appointments that were 75% absolutely useless per the description given by pover-tee (I could do better finding my own leads but we are forced to service these crappy preset appointments); have had to battle for my rightfully earned commissions of a little over $3K which to date is still not paid in full (imagine a 50 billion dollar company not willing to pay this miniscule amount). I have never worked so hard in my life for so little money, and I have never seen such blatant abuse by top management who choose to deal with issues by ignoring the "complainers". I have sent an email to the labor department. We'll see what happens. I am thinking of bringing a lawsuit against them. Maybe we can find enough people to file a class action.

Now part timers are being reduced to 1 only 3 hour shift a week - so that they cannot file for unemployment!

Full timers are reduced to less than 30 - so that they can no longer get company benefits.

This is because the company wants us to quit so that we cannot collect unemployment when the stores close down.

In addition - you must earn a certain amount in this job in a base period to even qualify for unemployment - so they have it all figured out so that employees can NEVER get unemployment!

Marvin in Alexandria, Indiana said: Now part timers are being reduced to 1 only 3 hour shift a week - so that they cannot file for unemployment!

Full timers are reduced to less than 30 - so that they can no longer get company benefits.

This is because the company wants us to quit so that we cannot collect unemployment when the stores close down.

In addition - you must earn a certain amount in this job in a base period to even qualify for unemployment - so they have it all figured out so that employees can NEVER get unemployment!

The company is totally devoid of all ethics since Eddie Lampert took the wheel as Chairman. It really does create a lot of ill will between employees and the corporate HQ. I was really angry about the way they were treating people (myself included) until I finally came to the realization that these are simply the acts of a 35b company in it's death throes. All you can do is keep filing stuff against them that will benefit you.

If your hours have just been cut you can probably file for and get unemployment even though you are still working there. They did the exact same thing when I worked there, and I got unemployment while I was still working there- and to really stick it to them I told everyone else in my department about it, so most of them filed for it too.. If your hours just got cut I would not waste any time- Go file for unemployment right away. The worst that can happen is that the state unemployment office will tell you that you don't qualify, although from what your saying I think that you will qualify for at least partial unemployment benefits.

I talked to a lawyer before I filed as well, and he told me that if Sears decided to fire me for filing the unemployment claim then we could sue them and win.

I do not recommend buying any air conditioning equipment from Sears Home Improvement product, nor work for them. No one, but the quality dept answers the phone...no one wants to take the responsibility to warranty the products. There are customers who have had to go without a evaporator coil for 3 months which was still in warranty, but took so long to get the paperwork approved...no ac for 3 months in the middle of summer..., another lady, very old, had strokes and is still waiting to get a replacement on her warranty equipment...damaged her floors. In the mean time, contractors like us, have to wait for approval before we can come out to their homes...which usually takes weeks...furthermore, the customers always contact us because no one at the office returns their phone calls or calls them concerning their equipment.

After paying our helpers, permits, extra materials to complete the job and pass inspection...we make about $400 to $500 per job...but lately we have not gotten reimbursed for city permits, extra breaker or service work order etc. Sears owes us thousands of dollars. We are in business to make profit, not to get into debt.
So, now are profit is about $200- $300 per job...Our poor guys have to work in 140 degrees attics all day long...Sears needs to stop passing the buck and take responsibility.

pover-tee in Madison, Wisconsin said: They violated state laws by paying me less than minimum wage for 18 weeks and refused to make it right. Now the state is prosecuting it, they are still not paying, and running the risk of being charged with theft of wages.

I quit because I was working 60+ hours per week and they made me pay all of my own travel expenses in the sales job- even though my sales numbers were average my income was a negative number for the last 6 weeks on the job. That means I was paying them to work there. Sears lost the unemployment hearing and the judge ruled that what they are doing is illegal and no employee should be subject to it and that I was eligible for unemployment benefits since the company refused to follow labor standards laws.

The company bankrupted me and many others there with their lies about what my income would be and has so far held up my unemployment benefits for 8 weeks where I've gotten no check, and the 6 weeks before that that I worked with then I received no income at all. That means I've had nothing to live off of for 14 weeks and NOW instead of just letting the unemployment claim go through like the judge ruled, they have hired an "Unemployment Hearing Consultant" to re-take the claim through appeals and further delay it.

I have never in my life seen or heard of a company that works SO HARD at cheating their employees out of basic human rights. These Sears folks have no shame, no ethics, no sense of corporate citizenship...

So they lost the unemployment decision, and instead of actually considering the merits of their case, abiding by the law and bringing the employees wage up to the minimum which is required by law, the company looks for just one more way to stick it to the employee one more time and delay by additional weeks the unemployment compensation that the employee wouldn't even need if Sears hadn't been making them work for free...

It's funny,because when I first started, I sensed Mafia. I thought I was just imagining things, but maybe it's true:

Anyway, why I'm posting,is because I feelunstable after talking to a completely unreasonable manager who was such a bullying bulldog, that I feel bad. I am thinking of filing something>

Also, before I went through this, I had heard this person screaming at the top of his lungs at people. I thought it was just laughing and rackus talking,but the manager was so out of control, that the all the employees were in the office asshe sat there badmouthing employeeswith tenure. Lies,lies,and morelies. I am glad I don't actually work right inthe store, so I can basically keep my work supplies inmy car. I report to a much more supportive manager, but I feel sorry forthe retailcrew. No wonder none of themsmile. The management DOES pressure toomuch forthem to make commissions. It's too much. These manager don't realizethat high pressuring people intomakingeven higher sales than present will actuallymake that person,inmost circumstances, diminish theiri quota due to being stressed, rushed, and coming off to pushy with customers. Old style, yes. But crime org, I hopenot.I'm looking elsewhere for employment. This company DOES not appreciate its people. I didn't believethis at tfirst,butits even like they feel threatened when a real excellent person comeson board,Maybe a cult too...

I think these managers are instable or bullies. No matter what problem your SEars manager is having, here is what to do. Afterall, the workplace is so the company makes money and you get paid for working for them - not for cowering to a cowardlyor disturbed manager's emotional problems,laziness, violence problems, or sexual harassment, which all of these I've suspected in our new store manager. A very troubled, screaming person.
www.bnet.com/blog/salesmachine/how-to-get-a-bully-firedeven-if-its-your-boss/13380?pg=3

I have done well for Sears, but their managers don't seem to notice,and even seem threatened by it. I really was happy at Sears until I figured this out about how they even read books on the "Law of Demotivation' so certain high sales employees won't make too much in commissions.This demotivation involves using all sorts of mentally abusive and accusatory tones on the employee,hoping to make them stand only about an inch high.

Record,document, even carry around one of those pocket surveillance pens, and record every documented insane, wrong, lie, and bullying tactic the manager uses.

Have hope: For soon, there is going to be a Federal law passed that will start placing bullies into court, and even with criminal charges, depending on whether they person they bullied ended up taking their life or hurting someone else because of the bullying. Really, the bully never checks up on the employee after booting them out the door of the company for being a threat. Sometimes such employees are found dead by suicide after being fired.

murphy in Lutz, Florida said: I would talk to a lawyer sounds like pain and suffe

Catch the bully and get evidence before taking them to court:
pay attention while they scream or intimidate you, stay cool, then go back and document their tissy. Carry around a pen cam or put one behind your shirt collar, and create evidence before taking them to court.

Look out bullies. I don't need to be a bully, buy I know how to stop one:

Your on bully, the fight has started:
www.bnet.com/blog/salesmachine/how-to-get-a-bully-firedeven-if-its-your-boss/13380

First, we are going to call LP before work the next day, then if you freak out, you'll be hauled away, for sure.

You see, bully or 'unstable' manager.I'm interested in keeping Sears with a good name, making them money and loving my coworkers who've I"ve worked with for years, and collecting my money and commissions. I've loved Sears since a child. Really, your case about yourself that you bring everyone into in a most negative way, is not my reason for working on your team, so your efforts to thwart my progress are over with. The job is not just so you shine and stomp around. Also, the Dr., Jekyll and Mr. Hyde. Forget this too, it won't work to first be nice so you can later be abusive again. What a jealous and undeveloped person you are.OH, and please stop all your badmouthing and insolent childish manipulating to get people fired who you feel threatened by.

i am glad i quit this company i applied for a lost prevention job that they wanted me to work. they offered it to me called me up and everything. they liked my resume i came in for an interview they said they liked me would give me this job a month or so later but lied. in the mean time wanted to put me in the wear house said they were going to pay me good tried to lie me into it i was thinking huh really. telling me i was goin to get paid good gettin paid below 8.25 and connecticut all ready takes away so many taxes. they look to put you in other areas cheaper for them i was told i would get good hours another lie. manager started talking all messed up i was ready tell him man i told my last manager i dont play. till the day you betray me over i am coming at you lol. i dont even know the lady like my first day the dude i told him you can talk to your son like that but not me. yelling at the gentlemen next to me oh you have green card if you put the wrong thing in you can be fined. i told him tell her kick rocks haha. like first day this is how you treat people you cant bully a bully cant out hustle a hustler. glad i went back to ikea where they pay you great with good benefits value their people. every place gets their hours cut sometimes but ikea has never lied to me kept their word of course there was some problems at times but i hear them out. if you dont speak up for yourself no one will thats what i did to get to a better position i deserve. i wasnt long enough to get unemployment and i had a job all ready. they though they was gonna get away not paying till i make a trip to the office tell them how i feel did some paper work called up my lawyer when you have a good lawyer he take care everything.

www.schneiderwallace.com
Here is a good place to start. I have been duped out of almost $6000.00 by Sears Holdings.

Life has gotten much better for me since I quit Sears. Looking back I can put the whole experience in better perspective. They are racketeers and will cheat you any way that they can. Even the general managers hate their jobs due to the ridiculous and often criminal directives pushed down on them from corporate. That's what happens when a wall street investment banker (or hedge fund manager) like Eddie Lampert takes over a business. They go in with the "screw the little guy" mentality that served them so well on wall street and continue to spread their corruption.

Get out of Sears/Kmart as quickly as you can and don't look back...

I have resigned and have a couple of attorneys looking at my situation. Hopefully, they will be interested in the case. It is a lot of money to me and my family.

I work at the Kmart in Avenel, New Jersey. It is honestly the worst place on earth. The management are idiots. They think that because they are managers, they are the "chosen ones". They get paid a buttload more than we do, but they literally do nothing all day long. The Front End Supervisor is a total B****. She harasses you all day long and is EXTREMELY rude to customers. She is racist and prejudice. And for some reason, even after getting over 100 complaints about her, no one will fire her.

Unfortunately, I have been a victim of discrimination. Stay away from these stores! Both Sears and Kmart take advantage of their employees! Run as fast as you can!

pover-tee in Madison, Wisconsin said: They violated state laws by paying me less than minimum wage for 18 weeks and refused to make it right. Now the state is prosecuting it, they are still not paying, and running the risk of being charged with theft of wages.

I quit because I was working 60+ hours per week and they made me pay all of my own travel expenses in the sales job- even though my sales numbers were average my income was a negative number for the last 6 weeks on the job. That means I was paying them to work there. Sears lost the unemployment hearing and the judge ruled that what they are doing is illegal and no employee should be subject to it and that I was eligible for unemployment benefits since the company refused to follow labor sta

The company bankrupted me and many others there with their lies about what my income would be and has so far held up my unemployment benefits for 8 weeks where I've gotten no check, and the 6 weeks before that that I worked with then I received no income at all. That means I've had nothing to live off of for 14 weeks and NOW instead of just letting the unemployment claim go through like the judge ruled, they have hired an "Unemployment Hearing Consultant" to re-take the claim through appeals and further delay it.

I have never in my life seen or heard of a company that works SO HARD at cheating their employees out of basic human rights. These Sears folks have no shame, no ethics, no sense of corporate citizenship...

So they lost the unemployment decision, and instead of actually considering the merits of their case, abiding by the law and bringing the employees wage up to the minimum which is required by law, the company looks for just one more way to stick it to the employee one more time and delay by additional weeks the unemployment compensation that the employee wouldn't even need if Sears hadn't been making them work for free...[