question about rights

[kylebaysinger]

Ok im in gallup, nm 87301. Let me explain everything. I work for applebees as a bartender and a server. In the resturaunt industry there is something called a "dine and daah" where a patron eats and then leaves without paying their bill. Now when this happens the company usually just discounts the bill to zero and takes the loss. I have been w the company for five uears and just transferef to this store. This store is trying to hold the servers responsible and say they have to pay for these walkouts. There is nothing in the employee handbook about this. The other thing is that we have an option from our managers to not pay for the walkout and take a write up and after 3 write ups get fired. Is this legal. Now here is the sticky sittuation..last week i went outside after a guest because he left with out paying. The guy pulled a gun on me and then staryed firing. He was arrestef and all that and this was all a result of work making us pay for these walkouts. Or take a write up. Is this legal? Do i have a lawsuit i can file. What are my options. Someone please help i called a l few lawyers here and they wanted 150 just to talk. Thank you in advance. Kyle.... [email protected]

 

[Hot Topic]

Remove your email from your post. It will attract not only spammers, but people you don't want to have any personal information on you.

 

[pattytx]

Firing you for pursuing a walk-out is indeed legal. The restaurant is obviously concerned about your safety and, in this situation, they were right on.

Are they talking about deducting the walk-out from your paycheck, or paying it out of pocket (presumedly, using your nightly tips).

Am I correct in assuming that you make the sub-minimum wage permitted for directly tipped employees in your state?

 

[kylebaysinger]

Yes we make 2.13 an hour. They are saying we would have to pay for it out of our tips or take a write up for refusing to pay. And after three write ups we would be terminatef. How can they hold an employee responsible for a patron commiting a crime?

 

[Willlyjo]

Firing you for pursuing a walk-out is indeed legal. The restaurant is obviously concerned about your safety and, in this situation, they were right on.

Are they talking about deducting the walk-out from your paycheck, or paying it out of pocket (presumedly, using your nightly tips).

Am I correct in assuming that you make the sub-minimum wage permitted for directly tipped employees in your state?

Who said the Op was fired for pursuing a "walk-out"? What difference does it make if the Op gets charged for the walk-out through payroll deductions or from his tips? For someone of your intelligence and stature, your post puzzles me.

Op...you may want to research your state's Labor Code to see if management committed any wrongdoing in regard to charging you for a "dine and dash".

There may also be something that makes it unreasonable for management to write you up for something that may be impossible to control. The New Mexico Labor Code should have the answers to your questions and whether you can file a claim with your state's labor board.

As far as getting shot at for pursuing a walk-out, Pattyx is right, you could have been fired for that. Thank your lucky stars for not getting killed and for not getting fired.

 

[pattytx]

What difference does it make if the Op gets charged for the walk-out through payroll deductions or from his tips? For someone of your intelligence and stature, your post puzzles me.

There may also be something that makes it unreasonable for management to write you up for something that may be impossible to control. The New Mexico Labor Code should have the answers to your questions and whether you can file a claim with your state's labor board.

.

Because, you idiot, some states require a written authorization to deduct from paychecks. However, NM does not from what I could find by researching the NM law. Federal law, however, DOES prohibit deductions "for the benefit of the employer" that takes the employee below minimum wage.
http://www.dol.gov/whd/regs/compliance/whdfs16.pdf

 

[commentator]

The obvious reason they want to penalize the server for "walk offs" is the same one they use to penalize the cashier at a gas mart for "drive offs." It may happen a few times and be unavoidable on the part of the server or cashier, but it also could be the server's friends dining and dashing, or it could be the cashier's boyfriend pumping gas and driving off.

That's probably the reason why the policy allows you three times before termination. Once or twice, sheer bad luck and hard times. Three or more walk offs, you're maybe unusually unlucky.

Also, if you are getting back to your customers timely, if you are keeping an eye on your tables, not leaving them sitting for an extended period while they are not eating, ordering, or finishing up, this will reduce the number of dine and dashes. The company's motivation is pretty clear.

True, they are strictly limited in how they could take out/recoup the money from you, as patty points out. And if you were shot in pursuit of a walk off client, there might be some grounds for a suit against the company...small, in my opinion, but some.

But definitely not worth getting shot to find out. And it's going to be tricky to blame the company because you decided to aggressively pursue the client out of the restaurant. I'm not sure this would be what they had in mind for you to do in response to this situation anyway.

 

[swalsh411]

Years ago I worked in a restaurant that would fire a server on the spot if they walked out after a no-pay. It happened at least twice that I can recall. Very smart policy in my opinion.

 

[Willlyjo]

Because, you idiot, some states require a written authorization to deduct from paychecks. However, NM does not from what I could find by researching the NM law. Federal law, however, DOES prohibit deductions "for the benefit of the employer" that takes the employee below minimum wage.
http://www.dol.gov/whd/regs/compliance/whdfs16.pdf

I'd appreciate it if you wouldn't call me an idiot becasue of your vague post questioning the Op. I didn't call you an idiot when you idiotically and admittedly were about to suggest FMLA for an Op who was within a couple weeks of retirement. Remember?

 

[cbg]

If you don't want to be called an idiot, don't consistantly make idiotic statements.

 

[BOR]

Firing you for pursuing a walk-out is indeed legal. The restaurant is obviously concerned about your safety and, in this situation, they were right on.

She did not say they would fire her for going "after the person'', just a no pay.

Kyle, terminating an employee for a theft is a very sticky tort area.

I am not aware of any case law on point, but it is tantamount to firing a bank teller when they get held up.

There can certainly possibly be an "implied contract" in law, that if a person is a crime victim thier employment will not be terminated, regardless of handbook language.

If you are terminated immediately sign up for unemployment and consult an employment law attorney for a case evaluation for wrongful discharge.

If this is Appleby's policy, then Appleby's is a horrible employer, period.

It is up to them to, once it is immediately reported a crime took place, to detain the person or check the video and report it to the police.

This is another classic example of employment at will in this country, it is so abused, it is a sin.

 

[BOR]

If you don't want to be called an idiot, don't consistantly make idiotic statements.

Doesn't matter what he does, isn't it against the TOS to do that?

 

[cbg]

Take a look at his posting history, and then tell me whether or not some of the regular posters might be driven beyond the point of endurance.

And it's up to the moderators to tell us if we're out of line, thanks.

 

[BOR]

Take a look at his posting history, and then tell me whether or not some of the regular posters might be driven beyond the point of endurance.

Flapdoodle. I can't tell you the # of times I have been called names, for nothing, so I guess I am to blame also.

And it's up to the moderators to tell us if we're out of line, thanks.

Moderators do not read every post.

 

[Willlyjo]

Take a look at his posting history, and then tell me whether or not some of the regular posters might be driven beyond the point of endurance.

And it's up to the moderators to tell us if we're out of line, thanks.

I've taken a good look at your posting history mam! You are not always right as EVERYONE in this forum is not always right! And I also noticed where you tried to take credit for your reference to 'even a broken clock is right twice a day'--(don't know who to give credit for this humorous and excellent statement). At least I don't try to take credit for someone else's statement--that is plagarism!