Punishment for not selling enough alcohol

[joebells]

What is the name of your state? PA

Hi I work at an olive garden as a server and our managers have just posted a notice stating that anyone not able to meet a minimum amount of alcohol sold to their guests will be punished. The first week they get a verbal warning, the second week they get a written warning, then the third week they have a sit down with the general manager and then the fourth week it happens they are not allowed to serve any more.

Besides being disgusting, you really should see the way this company puts alcohol sales before anything else its freaking sick making us push it as hard as we can even if it means upsetting the guests and reducing our tips in the process. Is that legal? There was no stipulation when we were hired that we had to meet a certain percentage of alcohol sales. And is it illegal to punish someone for not selling enough alcohol? People on their lunch breaks many times can't even have alcohol and kids can't have it and such and such.

It really pisses me off. I really think that if a big public todo about the way that olive garden pushes alcohol and punishes employees for not selling enough the company would back down from their stance.

 

[JETX]

Is that legal?

As long as you are not being forced to sell alcohol to those that are barred (minors, already drunk, etc.), yes. There is no statute to prohibit your employer 'promoting' sales of any legal product to those that are legally qualified to accept it.

And is it illegal to punish someone for not selling enough alcohol?

No, it is NOT illegal to 'punish' someone for not selling enough alcohol, bread, sandwiches, filets, seafood, or any other 'legal' items.

(NOTE: Corrected my post which had answered 'Yes'. I misread the post. My error!!
And thank you to 'cbg' in helping me to correct my vision!! )

 

[cbg]

And is it illegal to punish someone for not selling enough alcohol?

Yep.

Jetx, did you really mean to say that it was illegal to discipline someone for not selling enough alcohol?

 

[JETX]

AJetx, did you really mean to say that it was illegal to discipline someone for not selling enough alcohol?

Yep. If an employer determines that each server is expected to sell say 10 beers and 20 mixed drinks in a 4 hour 'shift'.... and doesn't, then yes, that server could be disciplined.
Would it be fair?? No.
Should the expectation of sales 'goals' be reasonable? Yes.
Would it be actionable, even if not? No.
Will that employer be able to hire and keep qualified wait staff with such a stupid 'requirement'??? Probably not.

 

[cbg]

I don't think you're seeing what I'm asking you.

I agree that it is LEGAL to discipline an employee for not selling enough alcohol. However, look closely at your post. You are agreeing that it is ILLEGAL.

And is it illegal to punish someone for not selling enough alcohol?

Yep.

 

[JETX]

I don't think you're seeing what I'm asking you.

I agree that it is LEGAL to discipline an employee for not selling enough alcohol. However, look closely at your post. You are agreeing that it is ILLEGAL.

And is it illegal to punish someone for not selling enough alcohol?

Yep.

Sorry.... you are correct!! My error!!
It is NOT 'illegal'.... I will edit my earlier post.

 

[easysaver]

Try and get a copy of this and mail it to the local newspaper and the elected officials.... I am sure they would not be happy with this and olie Garden would get some bad press.

It is legal - yes! Just like someone working in a bar.

 

[JETX]

Try and get a copy of this and mail it to the local newspaper and the elected officials.... I am sure they would not be happy with this and olie Garden would get some bad press.

Not really. It is a non-event.... and not a surprise to anyone who is in the restaurant business.