What is the name of your state? Arizona
I intend to file for Unemployment Insurance in Arizona as a result of my recent separation from my job as a tipped server which I held for over three years.
At the time of my initial interview with the Dining Room Manager, I was presented with an Employee's Manual (Personnel Policies), and it was understood by me that I was to follow the provisions of the Manual. I also understood that my employer would follow and comply with the terms as well. I have researched whether or not this Manual is binding upon my employer, and I am confused.
1) Are the provisions of an Employee Manual binding upon the Employer?
During the course of my initial interview with the Dining Room Manager, and later at a subsequent discussion between me and a new Dining Room Manager (which occurred after I returned to work from an approved leave of absence), we discussed at length various matters, including a 30 hour work week (considered full-time by my employer) the total number of Lunch, Dinner and Sunday Brunch shifts that I now desired (6-7), and the elimination of consecutive double shifts. An agreement on all matters was reached between us, and I started working.
Recently, my weekly schedule was posted which contained 3 consecutive double shifts, and 50 hours of shift time. In addition, I was placed (On-Call) for what few shifts I had not been scheduled. On-Call means that I must block off the entire shift, sit idly by and not plan anything until my employer calls 1 hour before shift start, advising me whether I am to work or not. On-Call status was never discussed nor agreed by me.
I approached management (Manager, Assistant Manager and Dining Room Manager) about these issues, and received no response. I then prepared and delivered a Memo outlining the issues I believed worthy of a discussion and received no response. I then prepared and delivered a second Memo requesting a meeting by a date certain. Finally, all three met with me and at the end of a very short meeting, it was announced that there would be no changes. I was left with no options. They were advised that I was leaving with what I considered to be with just cause attributable to my Employer.
I am of the opinion that I have an unwritten Employment Agreement with my employer which, among other things, includes my rate of pay, the provisions of the Employer's Manual, the number of shifts I am to work, the allocation of my tips, the elimination of consecutive double shifts, etc.
2) Is my assumption correct? Do I have an Employment Agreement with my Employer?
3) If so, do the material changes by my Employer justify my leaving with just cause attributable to my Employer?
4) And finally, are you aware of any online access to the Arizona Administrative decisions relating to the issue of quitting vs leaving with cause? I want to research and prepare myself as much as possible in advance of the hearing.
Sorry this was such a long post, but I wanted to give you enough info at the start.
I am so glad to have found this website. I have learned a lot by browsing the forums. Thanks.
MissNancy
I intend to file for Unemployment Insurance in Arizona as a result of my recent separation from my job as a tipped server which I held for over three years.
At the time of my initial interview with the Dining Room Manager, I was presented with an Employee's Manual (Personnel Policies), and it was understood by me that I was to follow the provisions of the Manual. I also understood that my employer would follow and comply with the terms as well. I have researched whether or not this Manual is binding upon my employer, and I am confused.
1) Are the provisions of an Employee Manual binding upon the Employer?
During the course of my initial interview with the Dining Room Manager, and later at a subsequent discussion between me and a new Dining Room Manager (which occurred after I returned to work from an approved leave of absence), we discussed at length various matters, including a 30 hour work week (considered full-time by my employer) the total number of Lunch, Dinner and Sunday Brunch shifts that I now desired (6-7), and the elimination of consecutive double shifts. An agreement on all matters was reached between us, and I started working.
Recently, my weekly schedule was posted which contained 3 consecutive double shifts, and 50 hours of shift time. In addition, I was placed (On-Call) for what few shifts I had not been scheduled. On-Call means that I must block off the entire shift, sit idly by and not plan anything until my employer calls 1 hour before shift start, advising me whether I am to work or not. On-Call status was never discussed nor agreed by me.
I approached management (Manager, Assistant Manager and Dining Room Manager) about these issues, and received no response. I then prepared and delivered a Memo outlining the issues I believed worthy of a discussion and received no response. I then prepared and delivered a second Memo requesting a meeting by a date certain. Finally, all three met with me and at the end of a very short meeting, it was announced that there would be no changes. I was left with no options. They were advised that I was leaving with what I considered to be with just cause attributable to my Employer.
I am of the opinion that I have an unwritten Employment Agreement with my employer which, among other things, includes my rate of pay, the provisions of the Employer's Manual, the number of shifts I am to work, the allocation of my tips, the elimination of consecutive double shifts, etc.
2) Is my assumption correct? Do I have an Employment Agreement with my Employer?
3) If so, do the material changes by my Employer justify my leaving with just cause attributable to my Employer?
4) And finally, are you aware of any online access to the Arizona Administrative decisions relating to the issue of quitting vs leaving with cause? I want to research and prepare myself as much as possible in advance of the hearing.
Sorry this was such a long post, but I wanted to give you enough info at the start.
I am so glad to have found this website. I have learned a lot by browsing the forums. Thanks.
MissNancy
Last edited: