yesterday my manager who doesnt' personally like me asked me to leave half way into my shift "for abandoning my position" because I went to the bathroom without telling him that I was going. (I work at a restaurant for crying out loud). After he told me that I said im sorry i didnt know
20 minutes later he hears me telling a waiter what happened, manager tells me, "is there a problem" and i said "yes, might be" because I felt like he was treating me unfairly.
at this point he tells me to clock out and go home, i asked can we talk about this and he answers "i have a restaurant to manage", so i said thats fine, so i left like he asked.
thing is, 2 hours came off my paycheck, and usually we get about 35 dollars tips a night. There are two bussers and our tips are split evenly, he gets 35 I get 35, but yesterday I was only given 17 dollars and the other busser 45.
is this legal? can i seek my money lost that day from a court?
never had disciplipline problems in past. 1 yr wrk
2007-10-01 09:02:40 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You were sent home for a valid reason.
You were instructed to ask permission to go to the washroom, you apologized, said you weren't aware. Your manager accepted that.
Now this story would end here if it weren't for the fact that instead of getting back to work, you underminded your bosses authority and started talking about it with another employee (Now two of you aren't working and gabbing about the boss!)
I'da sent you home too.
You didn't work, you don't get the pay.
Since you went home, the other busser had to work twice as hard and he deserves the tips.
2007-10-01 09:18:16 · answer #1 · answered by elysialaw 6 · 1⤊ 0⤋
No, you will not receive "damages" - the manager has the right to send home employees esp in restaurants as he sees fit.
Do you regularily let him know when you go to the bathroom? Let him know you'd like to be advised of the rules (you probably tossed your handbook) so you don't get in trouble again.
Also, continuing to try undermining the manager among the other staff is dumb even if they do it, don't get caught up in it. Your hours/schedule is at his dispossal and now he'll be on the lookout for you badmouthing him. Either find another job or play by the rules.
2007-10-01 16:13:10 · answer #2 · answered by dlil 4 · 0⤊ 0⤋
You are probably thinking about the princible of all this, but trust me it is not worth going to court over it because you have to pay fees for filing a complaint to get your $18 back
You are going to waste your time with it.
Call it a day, yo'll find a better job. Don't forget! There is not a place on earth where it is fair.
Karma is the best thing in cases as such..it works!
2007-10-01 16:18:38 · answer #3 · answered by the girl next door 3 · 0⤊ 0⤋
You were reprimanded for doing something you shouldn't. You then took this issue to a coworker - on work time and when asked you got an attitude, so your boss sent you home.
You think your case is.........what? Your boss is a meanie weenie?
The second busser probably was given extra because you were not there to do the work (duh!) and he had to do double duty to make up for your absence.
Put on your big girl panties and deal with life in the real world. Your boss has a right to send you home for insubordination.....or any other reason he sees fit.
2007-10-01 16:17:54 · answer #4 · answered by Susie D 6 · 1⤊ 0⤋
Since you did not work the hours you are not due pay for those lost hours. Yes it is legal, your employer can send you home, you work at his convenience. You are lucky you got any tips.
Sure you can sue, however you can't win.
2007-10-01 16:16:06 · answer #5 · answered by davidmi711 7 · 1⤊ 0⤋
Find a new job. The one you have sounds like it sucks. You can do better. Just hang on till you find a new one.
2007-10-01 16:08:52 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Time to look for a new job.
2007-10-01 16:31:37 · answer #7 · answered by Sam G 3 · 0⤊ 0⤋