Fry's Electronics Class Action Lawsuit

Wanted to share this link for a class action lawsuit for people who worked for Fry's Electronics from March 3, 2006 to Present day.  
 
http://www.emgelawfirm.com/CM/Custom/Frys-Electronics-Inc-Class-Action.asp

Talked to this lawyer today, he is very friendly and helpful if anyone has questions or concerns feel free to contact him.

I signed up for it but they sent me an email saying that are not offering legal services for this claim.

You should call them, because me and you worked together. They should be able to include you in it I don't see why not...

It's about time a class action lawsuit came about! Hope they get sued off their asses and then get new management for home office

Just wondering, is this lawsuit only for people in CA, or does it involve for other states as well?

Its only for CA

I'm the one that started it!

Do cashiers with commission apply to this as well?

Another issue that needs to be brought up is how they are making commission only salesmen do schematics/gobacks/topstock and other jobs that prevent the earning of commission.

so what exactly does this cover? how did they "illegally" take back wages from commissioned sales? are they referring to losses from price matching after the transaction? and is doing schematics and the like not part of the lawsuit? i'm confused. if you participate in a lawsuit, will frys ever know who you are?

Charge back refers to when you do not make enough commission to match your hourly, Fry's will then give you the money to match the hourly wage on the pretense that you will pay it back on your next check by making enough in commission. example, week one you work 38 hours. your hourly wage will be $304. you need to make that in commission. week 2 you make $280 now you are in draw for $24 that you will now ow Fry's week three you make $400 fry;s will then take back the $24 they gave you so in hence they are doing a charge back. What they are doing is not legal they are not paying you hourly they are only loaning you hourly if you can't make you commission.

A charge back is when frys takes back money they've already given you like what they do with LPG's. It is not our fault for fry's deciding to lower their own prices for us to take a hit for. It is illegal in california to take back any wages including returns without a written agreement before they put is on the sales floor. We should also know how we are getting on items. As commissioned sales men we need to have a set pay structure.

Salespeople who had sold Dish Network a few years back, were getting Charged Back from up to a year or more of the initial sale.  
 
At that time the commission was $20 or $25 something like that. See if the customer doesn't complete the 2 year commitment the store won't get full commission. There were sales people opening their weekly checks to see $300 or more taken out.  
 
Huge complaints and they agreed to take out $50 or a bit more to ease the return on the sales person. They never provided the customer's name or phone number to verify.  
 
Now if a customer did a return at the front, that's fine, you can physically see it on your numbers. But they just added a line on the paycheck and WHAM, a BIG - sign with large amounts of money deducted from your weekly pay.

thanks frenchfry. this lawsuit still doesnt exactly detail what it's covering. in addition, if a customer returned an item at another store, salespeople wouldnt know about it (since it wasnt able to to be checked in the pos) unless you had a hunch and went to audit. i probably lost a good deal of small items like that added up to a lot.

FrenchyFry: Salespeople who had sold Dish Network a few years back, were getting Charged Back from up to a year or more of the initial sale.  
 
At that time the commission was $20 or $25 something like that. See if the customer doesn't complete the 2 year commitment the store won't get full commission. There were sales people opening their weekly checks to see $300 or more taken out.  
 

 
 
UNBELIEVABLE !!!! And what's worse is some of the folks here who go out of their way defending this company's actions.  
Good luck with the lawsuit, Frys deserves to have their @ss handed to them.

I hope they get there asses reamed. I got fucked hard as I had to use my personal car for several wireless installs cause the van was either broken down or in use by someone else. They promised to pay me miles then once they realized they owed me almost as much as they got for the in-homes, they refused to pay. Wound up getting a $100 dollar gift card which sucked as they owed me close to $300 in miles.

There was a request to pick up employees waiting at the Airport to be picked up for a Re-Grand Opening.  
 
Waited and waited, and no one was there to pick us up. Called corporate and was told to get a car. So we rented a car and made it to the hotel (Motel). 1 Room, 4 Guys,  
 
When the Rent a Car Invoice was submitted, it took them 8 months to reinburse the poor bastard who had paid for it.  
 
Their reason for the delay was:  
 
Q: "Who told you to rent a car?"  
 
A: "Well, we were waiting to be picked up and no one was there, we waited for two hours and called Corporate, wondering what was going on"  
 
A: " They told us to get a Rental and would be reinbursed!"  
 
Q: "You could have taken a Bus, if you were not picked up" ( Palo Alto Store )  
 
A: "You are F***ing kidding me"  
 
Took them 8 months to get a check from them for the car.

Yea, the palo alto store is fucking retarded. I was there helping get the store set up for the grand reopening. Had issues getting stuff reimbursed. Plus my idiot manager felt sending me was an awesome idea as I lived near oakland, and 2/3 of our computer accessories and sales lived in santa clara. I was not happy.

WAT BOUT IF URE GETTING TREATED LIKE SHIT ND THREATEN AT WORK ND U TOLD URE SUP ND ALL THEY SAY IS WERE GONNA GONNA FIX IT ND NOW ONE OF MY CO WORKERS GOT FIRED

Guest: WAT BOUT IF URE GETTING TREATED LIKE SHIT ND THREATEN AT WORK ND U TOLD URE SUP ND ALL THEY SAY IS WERE GONNA GONNA FIX IT ND NOW ONE OF MY CO WORKERS GOT FIRED

 
 
Perhaps learning how to write clearly and not in "text speak" (and actually write something coherent) might be a good start. Elaborate on what you mean by "TREATED LIKE SH*T"

So how's it going? I'm new to the site. I just got fired from Fry's, by my CSA Manager. I got fired for "lack of Fry's Cards" Why are they even mandatory. Its stupid because 90% of people that I asked, would you like this on your Fry's Card say "No don't have one, and don't want one." The other reason was because, one day when I counted out, I counted 31 recieipts for VISA/MC. I had all 31 and they guy who certified me DID NOT count them, and so it was not caught that 3 of them were left at my register so only 28 got turned in. Then i had a death in the family that required me to miss 3 days. All "OKAY'D" by my manager. Then he said home office is suspending me, and today I got fired. Ive only been there a month. Does that sound screwed up to anyone else.  
'  
"

P.S. when they suspended me, they had a SUP escort me out like i was a f****** criminal. Today, it was here's check "Buddy" and that was it. They're suck.

So does anyone have any feedback on how this lawsuit is going?

Its going real slow.....typical! They are trying to drag it out longer, but they know they are wrong.

FWIW, a company that I used to work for had a similar class action lawsuit filed against them in September 2007. They settled out of court in March 2011, and are awaiting final court approval, which should be next week. What finally made this ex-employer settle was when, during discovery, documents were produced that showed that their HR department had directly schemed to circumvent paying overtime, now allowing for meal/rest breaks according to the labor code, failing to pay the correct/proper compensation upon discharge, along with violating several other California business codes. Also, direct testimony during discovery also verified the above.

I am just writing to say, Take them down.  
 
I have a huge story, but it will give away as to who I am. I will just say two reason why I refuse to ever step into Fry's again;  
 
1. A lot of the people in charge "date" their way to the top.  
2.They attempt to violate laws often, numerous times I have been asked to work off the clock.

Guest: I am just writing to say, Take them down.  
 
I have a huge story, but it will give away as to who I am. I will just say two reason why I refuse to ever step into Fry's again;  
 
1. A lot of the people in charge "date" their way to the top.  
2.They attempt to violate laws often, numerous times I have been asked to work off the clock.

 
 
Sounds like you should get in touch with the law firm handling this class action as you might be able to provide testimony that would help this case.

Its a crying shame that this only affects the California stores... that probably means if they lose then they will only make changes for California... what about the rest of us in Texas, Oregon, Washington, Illinois, Georgia etc?! Will Fry's make this company-wide policy?  
 
Doubtful. F***ing doubtful.

This class action may only be for California, but it can set a precedent for Fry's stores in other state. The class action I was involved in was for California only (actually specific to their Los Angeles location), but the evidence that came out in depositions has had a ripple effect on their other locations. They're scrambling to avoid similar class action suits in other states.

any more news on this? i called ant they said its in appeals.

The appeal process can take up to a year. It's been almost a year but things are looking good.

hey any more news on this?

I'm a little new and noticed this thread. I know everyone got screwed over on their black fry-day check, I worked from 12-3 4-9 10-3 4-6 I know I should of had a overtime pay and double pay, didn't get it. Everyone who was merchandisers and associates didn't get it. I really don't think it's fair we work these ridiculous hours and not get paid for the work we did. I'm not saying I'm the hardest worker at Fry's but I think we should all get paid for hours we worked. I did hear about some lawsuits happening but I'm not too sure if it's really going to happen, over the weeks of the holidays and the year almost done, all the talk has stopped happening and I still wonder if it's going to happen. I will admit my work performance has lowered just because I started thinking why should I even work harder then I already am if i'm not getting properly paid. I just got into sales and I start tomorrow, I'm pretty excited to admit but I still have this thought in the back of my mind. Any input would help if anyone has heard anything from other stores. Thanks.

Last i heard next court date is april

So I heard the person that started it got fired.

Fry's class action updates on Facebook: Emge & Associates

I'm guessing it's too late to join the class action suit? ANd what does this whole thing entail?

As I understand it, everyone will be a part of the class and you don't have to do anything to join.

I think the judge ruled in favor of the employees in the court of appeals

The lawyers just posted about another court hearing: http://www.facebook.com/pages/Emge-Associates/169958656387311#!/pages/Emge-Associates/169958656387311

HOW DO YOU START A DISCUSSION? FRYS ELECTRONICS CAN SUCK IT. JOHN FRY NEEDS TO STOP BUYING LAND IN MORGAN HILL AND PURCHASING THOUSAND DOLLAR JEWELRY PIECES FOR HIS BALLERINA GIRLFRIEND. HE HAS SCIENTISTS WORKING FOR HIM LIKE IF HES SOME FREAKING GOD. HE WALKS AROUND LIKE HIS SHIT DONT STINK WHEN IT PROBABLY STINKS MORE THAN ANYONES. THEY ARE CUTTING STORE EMPLOYEES. NO STORE CAN HAVE MORE THAN 48 PART TIME EMPLOYEES TO AVOID HEALTH CARE COSTS. THEY ARENT MAKING ANY MONEY. THEY CUT THE ACCOUNTING DEPARTMENT. THEY OWE SO MANY COMPANIES SO MUCH MONEY. ITS CRAZY. THEY PURCHASE NEW FORDS FOR ALL THE DIRECTORS IN THE BUILDING. REVAMPING THE SABERCATS. THEY ARE CUTTING SO MANY THINGS. THAT COMPANY IS GOING TO THE SHITS!

Don't forget to report Fry's to the IRS. As an ex-employee of 2 years, I have seen many fraudulent acts of lude business conduct from money laundering to mistreatment of employees' wages & commission. The company is profiting $500,000 each year from lost wages & untrackable money loss from customers & employees in one store. I have showed evidence of such wrong miscalculations of GP (Gross Profit) to Upper Management who threw away the paperwork & made up excuses why the numbers are showing up wrong in the POS system. Also, the cashiers would intentionally not use the Sales quote from customers hence the Sales Rep. losing his/her commission & the net gross profit ends up going to the company's pocket. The company has violated constitutional rights by intentionally creating scenerios to fire employees to avoid paying unemployment insurance claims. The company's unlawful business conduct must be reported in order for the company owners be arrested for criminal charges. Millions of money are not being reported & the owners of the company are expanding their Corporation by buying lands, real estates, & other companies. The Fry's brothers are not the only shareholders to the company, but other grocery store owners (Ralph's, Safeway, etc.) who are investing on Fry's Electronics. I have reported Fry's Electronics to the IRS & to the State's Attorney General. We need more people to report all the misconduct and criminal acts that goes on at Fry's Electronics. Too many Corporations are getting away with millions of money while the hard-working employees are being screwed over.