The Management said that they were not supposed to take tips from that particular person because of their fame. The establishment allows tips in every other aspect of the job. They put the employee on a weeks suspension. They were to share the 800 with the other coworkers , which they did at a hundred per person. So is it permissable to suspend this person? and if it is unlawful what should they do and how can they combat it?
2007-02-03 16:34:02 · 13 answers · asked by ILLput MY idONlaterWITHxox 1 in Society & Culture ➔ Etiquette
you have to check out the employee hand book and any other policies and procedures to see if there is a way to combat it.
2007-02-03 16:38:05 · answer #1 · answered by Sharp Marble 6 · 0⤊ 0⤋
I would think that what the management did should be unlawful, considering that those in the service industry oftentimes rely on tips to make a living, are paid less than minimum wage BECAUSE of the fact that they receive tips, and are taxed on their tip earnings... if the tip was intended as gratitude for one particular server, due to his/her outstanding service, or simply because said sports personality was feeling generous that day, I believe that server should receive the full tip (minus whatever amount is to be split with others, such as cooks and busboys if this is a food industry). But because I am not clear on the laws, I would say that your friend should consult a lawyer to see if he/she was wrongfully suspended. In my opinion, suspending an employee for this should be unlawful. Sounds to me like the management and/or coworkers are just greedy.
2007-02-03 16:43:03 · answer #2 · answered by . 3 · 0⤊ 0⤋
If they are allowed to accept tips from every other patron they cannot deny just one person. A majority of waiters rely upon tips to make ends meet. That's why tips are taxable income. Unless tips are not allowed by anyone, and this was stated beforehand, it shouldn't be permissable. Even if the management stated it beforehand, you can't exclude just one person or suspend someone for taking tips in a service industry. I'd contact your local department of labor, or even a labor attorney and ask for legal advice (typically free).
2007-02-03 20:31:27 · answer #3 · answered by isisorchid84 1 · 0⤊ 0⤋
Depending on what state you live in, it is likely there exists such a thing as no-obligation employment, which basically means that the establishment makes the rules and you don't have to work there if you don't like it as long as those rules are not discriminatory in nature....in other words, if everyone is held to the same standard as long as that standard does not violate anyone's basic rights, there is not much that can be done. Your friend should have kept the 800 for herself and it might have made up for the week's suspension.
2007-02-04 12:06:11 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Have them contact the labor board. No employer can single out customers and say employees can accept thier tips when tips are acceptable and part of their compensation. Make sure there is a written suspension listing this as the reason, that both parties signed it and get a copy of it.
2007-02-06 17:01:47 · answer #5 · answered by i'mfreezing 2 · 0⤊ 0⤋
Did your friend know beforehand? Did she try to refuse the tip and did the famous person insist so much that she gave in only because she'd have come across as really rude otherwise? Did she report it right away or did she try to keep it for herself? All things that would make a difference... if she either didn't know, or accepted it after she tried to refuse then I think it's really lousy she got suspended.
2007-02-03 19:33:28 · answer #6 · answered by Sheriam 7 · 0⤊ 0⤋
The restraunt business is a CUSTOMER SERVICE industry. If the customer wants to leave a tip, then the server (and the restraunt should know this) should not stop him/her from doing so. That would be poor customer service. Specifically saying that you can't allow certian customers to leave tips is inconsistent. Businesses should strive for consistency. Your friend sounds like he/she did the right thing by sharing it with her coworkers and as long as the IRS gets their cut, then I would say that everything is fine and dandy.
2007-02-03 19:58:50 · answer #7 · answered by James G 3 · 0⤊ 0⤋
It is absolutely unlawful to have treated this employee this way. Are they always required to pool tips? Is there a rule posted that you can't take tips from certain people? Go to the Labor Board or OSHA and ask them where to go to get legal remedy. Good luck.
2007-02-03 16:39:54 · answer #8 · answered by OK 2 · 0⤊ 0⤋
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2017-01-02 03:15:40 · answer #9 · answered by ? 3 · 0⤊ 0⤋
If she was told beforehand not to take a tip from the person, and she did, I can see why she's in trouble. If she didn't previously know that she wasn't supposed to accept a tip (and understood that tips were okay in general) then I don't see why they would have a problem with it.
2007-02-03 16:39:43 · answer #10 · answered by drshorty 7 · 0⤊ 0⤋