Can an employee really take me to the labor board because I refused to give her a paycheck?
My wife and I own a fast food franchise that employs around 30 people. For the last 5 years my wife and I have used a clever plan to pay for our families christmas shopping. We keep tabs on our employees food waste throughout the year. Every time they.... make a sand which wrong, or put down too many french fries and we throw away the excess ect.... Rather than simply absorb this as the cost of doing business, we sit down each of our employees the first week of December and have a "end of year food cost audit" where we explain to them that we've observed several hundred dollars of food waste (we're very picky, it can add up quickly) and that rather than charge them the full amount we're simply going to keep their next paycheck. This allows us to effectively pocket an entire 2 weeks of our staffs payroll, and we use the money to spend it on our family. It's worked very well for us, this year we took in $18,000.... getting the kids all ipads, getting our daughter a used car (she's going to love it.) Last year we went on a 2 week cruise. We love our kids very much and I'm so glad we thought of this because it allows us to spend lavishly on our kids every year at christmas. The problem is that some of our employees throw a real temper tantrum about it. I explain that if they would just do their job better they wouldn't waste food and this wouldn't be an issue.... they brought this on themselves, but you know..... they get angry because it ruins their christmas, they depend on their paychecks for rent and stuff so I can understand but I don't really feel sorry for them. Should I have to absorb the cost of them not always performing at %110? I don't think so. And when they're hired they sign a form printed up by my lawyer that says they could be responsible for lost product, but they just assume it's a standard form, lol. I tell them if you don't like it quit, in this economy I can easily find someone to take your job, I don't really care. (I don't apply it to my management staff though, I actually need them, haha) The problem I'm having is a girl named Allison. She's worked here since June and when I told her about her audit and that she wouldn't be getting paid she broke down and cried..... she was all whining about how her husband was injured and can't work so her money's been tight anyway and she's been working every spare shift she can to get her kids at least a little something for christmas and if we don't do this she's going to lose her apartment and blah blah blah I could really care less. She's threatening to take me to the labor board and I'm not really that worried because my lawyer told me that this is "unethical but still entirely legal." I am a little nervous though, I just bought a pair of $4000 diamond earrings for my wife and that cleared out our christmas fund. Is there any chance she could win??? :(
Asked By: - 12/9/2012
Best Answer - Chosen by Asker
If you're for real yes you could be hauled in front of a labor board... More
Answered By: Softtouchmale - 12/9/2012
Additional Answers (7)
Yes, she can take you to the labor board, you are legally required to pay them for hours worked. Your really sound like a TROLL!
Answered By: my 2 cents - 12/9/2012
What you are doing is illegal and it is stealing from your employees.
Answered By: Bentley - 12/9/2012
Most definitely she can . Ive never heard of this before and if I were your employee and you did this, Id be long gone. Id say you have a training problem here and that comes from poor Management. Train your employees better and how to do the job better. Shortages happen so expect them but never charge them back to... More
Answered By: Arthur W - 12/9/2012
Wow, I hope you're just a troll with too much time on your hands... But yeah, she'll win.
Answered By: floppity - 12/9/2012
I surely hope so. You are an insensitive and uncaring a**hole. No business has employees that are 100% efficient, yet you want 110% from yours. If you have an employee that is wasteful you fire them. In the restaurant business there is always loss of product. You are just taking advantage of that fact at the expense... More
Answered By: David B - 12/9/2012
Where I come from you'd be called a thief and hauled off to jail. Thief.
Answered By: ? - 12/9/2012
you should spend some of that money for trolling lessons because you suck at it
Answered By: Yup - 12/9/2012
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