Is this a case of wrongful termination?

[hugoperezoso12]

California
Im a bartender and I was fired two weeks ago for inputting a tip incorrectly. A $6 showed up as $8. Im 99% sure it was the other bartender but thats a moot issue. The contract I signed says that a cash handler(server, bartender) will be fired for turning in an incorrect credit card slip at end of shift after doing a final check out preview. A server can double check the tips they inputted through out the shift, but a bartender doesnt have the option with our program at work, so Im unable to do a final check out preview. If thats the case, can they legally use the contract I signed to fire me if im not allowed to do a final check of my tips, as the document states? I wasnt issued even a final warning, it was an automatic termination. Lastly, if I request a copy of this document I signed, can they refuse to give me a copy?

 

[cbg]

No, this is not a wrongful termination. It may or may not be unfair but it is not illegal.

In your state, they are required to give you a copy of anything in your file that you have signed, at your request.

 

[hugoperezoso12]

Well its good to know I can get a copy of that document. I just dont understand how I can be fired for inputting the wrong amount if I dont get a final chance to double check, as the clause of that contract says. When I used to bartend, servers would cash out with me, and they would print out a report to know how much they owed the restaurant and to put their credit card slips in order. As the contract says, this is the last chance they had to make sure they inputted the correct tip. If they did, they would just put those credit card slips in order, turn them in and end their shifts. Many times they would find out they put 10 instead of 1 for a tip and they would get a manager to give them the chance to correct the mistake. I working on a busy friday night dont have the chance to print such a report, and I go through 3 times the amount of checks as a regular employee.

 

[JETX]

I just dont understand how I can be fired for inputting the wrong amount if I dont get a final chance to double check, as the clause of that contract says.

You have every right to request them to review your termination based on a possible 'confused' provision of the contract and even if they were to reverse themselves, they would still have no obligation to reinstate your employment.

 

[pattytx]

You're a bartendender and you have a contract? Must be union, right?

 

[hugoperezoso12]

We dont have a union, which sadly is non existent in this type of job. So they get away with many things. One that used to bug me quite a bit was that on weekdays there were two bartenders, but one had to log in as server. By doing this you were being paid 8 an hour instead of 9. You would work 3 hours and when the first bartender left, the other one would clockout as a server and clock in again as a bartender for the remaining of the shift(about hour and a half). Obviously thats only 3 dollars you werent making, but I found it insulting that they wouldnt pay me for the work I was performing. Bartending is after all a lot more fast paced than serving at my former restaurant. I argued with the managers if they could legally do this, and they would reply that if I werent happy someone else would love to do my job.

 

[pattytx]

Which is telling me that there is no contract.