Can I get fired for this?

This is a discussion on Can I get fired for this? within the Hiring, Firing, Wrongful Termination forum, part of the LABOR & EMPLOYMENT LAW category; At my restaurant, it is policy that servers are required to tip 2 percent of our sales to the front ...

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Old Dec 24th, 2008, 04:55 AM   #1
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Confused Can I get fired for this?

At my restaurant, it is policy that servers are required to tip 2 percent of our sales to the front desk. The justification for the front desk to recieve the 2 percent is because they are susppose to seat, wipe, set-up or break-down, and sweep the table. A situation occured in my restaurant where I was put on a party of 60 and the front desk failed to perform any of the required duties. I felt that I shouldn't have to tip the front desk out and pleded my case with my manager. My manager consulted another manager over the phone and said that I did not need to tip out the front desk. The next day at work, I was called into the office and was accused of being insobordinate when I did not curse or raise my voice at my manager when I explained why I felt I shouldn't tip out. He said that a back him into a corner and he had no other choice but to say yes. I was told that my actions were grounds for termination and was sent home. I have not been allowed to come back to work untill I have my meeting with my General Manger. My questions are 1) Can they prevent me from working with out properly suspending me? 2) Am I still at fault for not tipping out the front desk when I was told by two managers that I did not have to? 3) Can I be fired for this?
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Old Dec 24th, 2008, 10:49 AM   #2
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Default Re: Can I get fired for this?

Can they prevent me from working with out properly suspending me?

"What would you consider properly suspending"?

Am I still at fault for not tipping out the front desk when I was told by two managers that I did not have to?

"If that is compnay policy yes" "Your arguement that others higher than you okd it may save you but they can still choose to fire you"

Can I be fired for this?

"Yes they can"
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Old Dec 24th, 2008, 10:53 AM   #3
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Default Re: Can I get fired for this?

I agree with the above, but they should make clear what policies operate there.

Do you have any handbook or employee policy manual as well? That may more clearly guide what is or is not required for you and what is optional.
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Old Dec 24th, 2008, 10:56 AM   #4
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Default Re: Can I get fired for this?

Even with an employee handbook stating otherwise OP can still be fired. There is no law that forces an employer to obey his own employee manual! Absent an employee contract or union agreement OP can be fired
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