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Unfair treatment at work... Pls help!

hornykid

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May 9, 2004
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I worked as part time server at a buffet. I took vacation time off for 2 months, the owner was ok with it. I came back in July and called them, they said they re-schedule me. They didn't even schedule me to work till this weekend. So I was a little bit upset because the owner never called me back. All of a sudden in August, the owner calls me back to work. Today, I went to work. At the end of the shift, we were calculating the tips and just found out that they lower the tips percentage. I was so fxxking pissed, because no one told me about it till the end of the shift. What can I do, guys? Can I go to ESA and complain? I don't plan to work on Sunday, because of this.
 
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Tarkus

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hornykid said:
I worked as part time server at a buffet. I took vacation time off for 2 months, the owner was ok with it. I came back in July and called them, they said they re-schedule me. They didn't even schedule me to work till this weekend. So I was a little bit upset because the owner never called me before August. Today, I went to work. At the end of the shift, we were calculating the tips and just found out that they lower the tips percentage. I was so fxxking pissed, because no one told me about it till the end of the shift. What can I do, guys? Can I go to ESA and complain? I don't plan to work on Sunday, because of this.
You can complain but in the end nothing will happen. I doubt you can document anything here. It is all he said she said.

Sometimes it is better just to 'walk on by'.

Sorry I know that bites to be taken advantage of.
 

papasmerf

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Oct 22, 2002
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Tahe a step back and see it from the managers POV. They had to replce you while you were gone. Terminating the replacement woild be also unfair. Now if you too a 3 week and not a 2 month vacation you might have a point.

Now if this job earns you a living wage and you want to fight for it go in and show management you can work circles around the other people.
 

tboy

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Aug 18, 2001
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A couple of points:
1) As Smerf said: you're lucky you even had a job when you returned. I mean 2 MONTHS off from a PART time job? And a VACATION? Now I could understand a company holding a job open for someone who was ill or had to go to zimbabwe to deal with a death in the family.....
2) Tip calculations: Tips are paid out by the customers based on a percentage. How can management change that? If you really are a server, and you pick up the bill from the customer and they say "keep the change", managment has no control over that. In addition, when paying with a CC, there is a separate line for gratuities isn't there? Maybe your service wasn't that great which resulted in a lower overall percentage....
 

hornykid

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That sucks! I've always been taking advantage of at the restaurant but this time they gone too far.
 

a 1 player

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I mean no offence, but as a business owner if a part time employee of mine decided to take a 2 month vacation it would have been the end of employment.
 

tboy

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hornykid said:
That sucks! I've always been taking advantage of at the restaurant but this time they gone too far.
I think the business owner could say the same about you no? I think you owe THEM bigtime considering they kept your job open for you while you took your time out..........

Tell us: how have they taken advantage of you? Made you work crappy shifts? Made you work for your money?

Not to come down on your but being a server at a buffet type restaurant is like being paid to pump gas at a self serve station......
 

hornykid

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Hey tboy. They didn't keep my job. They just called me back because there were short on staff. Read my 1st post. They never call me back after I came back from vacation. I was being taking advantage of, because I had to do everything that full time servers don't do. The full timers just bum around and do nothing. Tips are pooled together and each of us had a percentage. For example. There were 5 servers, and the total tips were 500. Each of us get 100, but now i get 50 bucks and everyone else get more.
 

tboy

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HK:
1) Did you ever stop and think that they didn't schedule you because they already had enough staff scheduled and didn't have room to fit you in?
2) So, you got a 3 month vacation instead of 2. Lucky you!
3) Part time workers ALWAYS have to do stuff full timers don't. If you don't like that, then quit. That's the way it is, always has been and always will be.
4) Are those other 4 full time workers? If so, then apply for a full time position.
5) You say they didn't keep your job open. Did you have to re-apply? Did you fill out an application? No? Then they kept your job open for you.

Stop whining FFS.

OH one more thing: Did you ever stop and think that people who DIDN'T ask for a 2 month vacation are looked upon as more dedicated workers and deserving of better treatment? They stayed and worked hard while you were off doing god knows what....
 

Moraff

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Nov 14, 2003
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tboy said:
2) Tip calculations: Tips are paid out by the customers based on a percentage. How can management change that? If you really are a server, and you pick up the bill from the customer and they say "keep the change", managment has no control over that. In addition, when paying with a CC, there is a separate line for gratuities isn't there? Maybe your service wasn't that great which resulted in a lower overall percentage....
The OP said that they were a server on the buffet table so they wouldn't get tipped directly by the customer. Instead (based on how it worked when my SO worked in the food trade) management takes a % of the tips received and divides it up among the staff not on "the front line".

hornykid:

2 month vacation? Geez it sucks to be you. :) I'm amazed your boss agreed to hold your job that long.

You were gone 2 months. When did they change the percentage? If it was soon after you had departed chances are they just forgot to let you know it had changed.

As for not being scheduled to work until after your return. Did the boss know when you were able to return to work? Did you make sure to tell them the exact date you were ready to start work?

I don't think there's much point in complaining to ESA. Far as I know there's no requirement to spread tip money out among the staff, so the fact that you get any should be considered a bonus. As for the scheduling thing unless you have something in writing that specified when you were coming back to work and what hours you were supposed to get in a week you don't have much (if any) of a case. All the boss is going to say is that you asked for a couple of months off and they got you back in as soon as they could after you told them you were back and available.

And not working Sunday: Stupid move IMO. All that that will accomplish is: You lose a day's pay, your coworkers have to pick up the slack, and you've shown your boss that you aren't dependable. I'm willing to bet your job isn't overly hard to restaff.
 

Moraff

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hornykid said:
Hey tboy. They didn't keep my job. They just called me back because there were short on staff. Read my 1st post. They never call me back after I came back from vacation.
Why should they call you? It's your job FFS, first thing you should have done when you got back is call them as say "Hi, thanks again for giving me all the time off I had a great time. What shifts am I working."

hornykid said:
I was being taking advantage of, because I had to do everything that full time servers don't do.
That's the point of having part-timers. You're the bottom of the food chain bud.

hornykid said:
The full timers just bum around and do nothing. Tips are pooled together and each of us had a percentage. For example. There were 5 servers, and the total tips were 500. Each of us get 100, but now i get 50 bucks and everyone else get more.
If the other 4 were full-timers they should get more, they work more hours than you do. Rank hath it's privileges :)

Yes it sucks but you do have options.

- complain to the boss
- wait and hope to move up to FT in the near future so you can be one of the "bum around and do nothing" guys. (or show them how their job should be done in your opinion, up to you)
- move on to a new job, not like you're an indentured servant right
 

hornykid

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Geez, guys! Like I said earlier, they didn't hold the job for me. They called me back because 3 full timers took a vacation.
 

oldjones

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Aug 18, 2001
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They didn't call you back because they had replaced you for two months. Were they supposed to fire the replacement and take you back, w/ your low job-attachment? But clearly there weren't hard feelings as they did keep you on there Temps to Call List.

Pooled tips belong to the servers, even if they're divvied by management. Complain to the other guys who got more. Betcha they'll say you did not have the same job and did not do the same work as they did. You were not fulltime, for example, and ya gotta earn your way up to that rate.

Bottom line: You got a painful lesson in tit for tat. You treated the job in an offhand way—even if you were upfront and honest, a two month vacation says, "my need for pleasure's more important than this work you need done". They demonstrated that the work they do, and how they do it, is more important to them than your needs".

You need to get over your snit and start working like a team member. If you don't this will only be the first of many times you'll be on the outs. Meantime, read some labour history (Google Walter Reuther and the Battle of the Overpass) and learn what unfair treatment really is.
 

hornykid

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This is how it works in buffet. For example, you start at 4 then you leave at 8. The tips after 8 still goes to every server. My point is that the full timers work less hours than me per shift and their tips are higher than mine still. I work night time almost 5 hours, they work 3.5 hours. I had to clean up at the end of the shift but our tips are all shared together. That's why I keep saying it is not fair.
Thanks a lot for all your opinions, I am now looking for another part time job.
 

hornykid

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O btw, I was angry because my tips were lower without me knowing. That is what this post is all about. No one really say anything about that.
 

MuffinMuncher

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Oct 3, 2001
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Just go work in a different restaurant. The one job in the WORLD that is always easy to get is a restaurant server. I've been in the restaurant business for 12+ years, owned them and managed them, and if a good server comes in to apply, I hire him/her immediately. The turnover for that position is incredible, and you can never have enough good employees.

If you were better than average at your job, he would have gone to greater lengths to keep you. Suck it up, and just go apply elsewhere. You should have a job by the end of the day.
 

papasmerf

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hornykid said:
This is how it works in buffet. For example, you start at 4 then you leave at 8. The tips after 8 still goes to every server. My point is that the full timers work less hours than me per shift and their tips are higher than mine still. I work night time almost 5 hours, they work 3.5 hours. I had to clean up at the end of the shift but our tips are all shared together. That's why I keep saying it is not fair.
Thanks a lot for all your opinions, I am now looking for another part time job.
you want fair?

hire on as a bus boy in a high end resturant and work your way up.
 

tboy

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Aug 18, 2001
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OK, I'll be the first to ask:

How does a "full time" employee work LESS hours than a part time employee?
So, let me get this straight, even after you LEAVE your shift and stop working, you STILL get a share of the tips collected even when you're no longer working? And you're COMPLAINING about that? LOL.

So you're complaining about not getting more tips for work you never actually did....

OH man.......

As for Bare Back King, I read his post and since he never had to re-apply for his job, they kept it open for him. EOS. No ifs ands or buts. Coupled with the fact that he didn't receive his separation papers..........
 

ig-88

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Part-time server at a buffet. Cool.

Just like Tyler Durden in Fight Club. Think of all the wonderful "special ingredients" you could add to the food. :p

Do they require you to limit the amount of food you give to each customer? Maybe you could make some extra $ under the table by being bribed to give more ... lol.
 
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