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Old 06-30-2013, 01:40 PM   #121
Mikeyis4dcats
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Originally Posted by Donbadabon View Post
The new employee contract is out. If you want to work for Amy's Baking Company (ABC), you have to sign:

http://amradaronline.files.wordpress...encontract.pdf

Some highlights:

5). Any type of attitude will result in immediate termination.

13). Any product such as food or plates that are broken or burned due to direct negligence will be taken from your pay check at ABC's cost.

16) Holidays and Weekends are Mandatory, by signing this contract you are accepting that you will be required to work all Holidays, and Weekends. Due to the nature of our Industry this is a necessity and any No-Show will be monetarily penalized with a fee of $250.00.

19) The wait staff understands that any and all "tips" are property of the "house."...

20) ...By signing this contract you are hereby accepting that you will be employed exclusively by ABC Amy's Baking Co. LLC. And shall not work for any competitor within a 50 mile radius of ABC within one year of temination or voluntary Resignation, without prior authorization from ABC. Nor shall you be allowed to open your own business of the same type, within the above mentioned radius.
LOL..what a joke. aside from all the other things, most states prohibit penalizing employees for damage, etc. A non-compete is also unenforcable for most non-technical or non-skilled positions.
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Old 06-30-2013, 01:59 PM   #122
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Originally Posted by Donbadabon View Post
The new employee contract is out. If you want to work for Amy's Baking Company (ABC), you have to sign:

Some highlights:

5). Any type of attitude will result in immediate termination.
Oh. darn. I'd guess I'd be out of contention with my enthusiastic, submissive, customer focused, hard work attitude.
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Old 06-30-2013, 02:12 PM   #123
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Oh. darn. I'd guess I'd be out of contention with my enthusiastic, submissive, customer focused, hard work attitude.
Definitely.
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Old 06-30-2013, 02:18 PM   #124
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Originally Posted by Donbadabon View Post
The new employee contract is out. If you want to work for Amy's Baking Company (ABC), you have to sign:

http://amradaronline.files.wordpress...encontract.pdf

Some highlights:

13). Any product such as food or plates that are broken or burned due to direct negligence will be taken from your pay check at ABC's cost.
I understand their intent, but the way this is worded is confusing to me. It makes it sound like ABC will have to bear the cost of the broken/burned plate. Didn't they mean "taken from your pay check at your cost"?
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Old 06-30-2013, 02:20 PM   #125
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Well, it looks like national humiliation isn't a cure for mental illness.
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Old 06-30-2013, 02:25 PM   #126
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I understand their intent, but the way this is worded is confusing to me. It makes it sound like ABC will have to bear the cost of the broken/burned plate. Didn't they mean "taken from your pay check at your cost"?
They said wait they meant, just poorly - ABC's cost is how much they need to pay to buy the plate, the employee has to reimburse that cost.
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Old 06-30-2013, 02:59 PM   #127
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They said wait they meant, just poorly - ABC's cost is how much they need to pay to buy the plate, the employee has to reimburse that cost.
I took at as any legal expenses needed to recoup the cost of what the employee destroyed would be covered by the company. I guess on rethinking that, I'm wrong. It seems to conflict with the attitude displayed that whatever ABC says goes, and damn the poor soul that applies for the job offered.
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Old 06-30-2013, 03:15 PM   #128
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50 mile radius?

Good luck with that.

Also, I don't think "tips are property of the house" is correct from a legal standpoint, both the state and IRS will red flag over that.
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Old 06-30-2013, 03:25 PM   #129
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Originally Posted by Donbadabon View Post
The new employee contract is out. If you want to work for Amy's Baking Company (ABC), you have to sign:

http://amradaronline.files.wordpress...encontract.pdf

Some highlights:

5). Any type of attitude will result in immediate termination.

13). Any product such as food or plates that are broken or burned due to direct negligence will be taken from your pay check at ABC's cost.

16) Holidays and Weekends are Mandatory, by signing this contract you are accepting that you will be required to work all Holidays, and Weekends. Due to the nature of our Industry this is a necessity and any No-Show will be monetarily penalized with a fee of $250.00.

19) The wait staff understands that any and all "tips" are property of the "house."...

20) ...By signing this contract you are hereby accepting that you will be employed exclusively by ABC Amy's Baking Co. LLC. And shall not work for any competitor within a 50 mile radius of ABC within one year of temination or voluntary Resignation, without prior authorization from ABC. Nor shall you be allowed to open your own business of the same type, within the above mentioned radius.
Quote:
No harassment or bulling of any type will be tolerated and will be cause for immediate termination. If such an event happens you must report the incident immediately to Samy or Amy Bouzaglo.
What if it's Samy or Amy doing the bulling (sic)?

I'm sure that no lawyer has looked at this contract.
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Old 06-30-2013, 08:19 PM   #130
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LOL..what a joke. aside from all the other things, most states prohibit penalizing employees for damage, etc. A non-compete is also unenforcable for most non-technical or non-skilled positions.
Crazy! Are they nuts?

Is #16 legal? I also do wonder about the legality of #20, as it relates to the restaurant industry. If it were legal, I'd imagine it's not standard practice and that nobody would agree to something like that. That's just plain ridiculous.
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Old 06-30-2013, 08:31 PM   #131
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Crazy! Are they nuts?

Is #16 legal? I also do wonder about the legality of #20, as it relates to the restaurant industry. If it were legal, I'd imagine it's not standard practice and that nobody would agree to something like that. That's just plain ridiculous.
Nobody in a restaurant should expect weekends and holidays off, you should expect to be scheduled if the doors are open.
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Old 06-30-2013, 08:37 PM   #132
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Nobody in a restaurant should expect weekends and holidays off, you should expect to be scheduled if the doors are open.
Yup. But I doubt you can charge an employee who doesn't show up $250. Get fired or a temporary suspension? Sure. But not a monetary "fine."
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Old 06-30-2013, 08:42 PM   #133
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Yup. But I doubt you can charge an employee who doesn't show up $250. Get fired or a temporary suspension? Sure. But not a monetary "fine."
That one may simply fall under "you signed the contract" it equates to docking pay, not unheard of. $250 for a shift at a busy place is not unheard of for the tipped employees.

I doubt they every do that good at ABC.
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Old 06-30-2013, 08:52 PM   #134
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I guess you'd REALLY need a job bad to work there.
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Old 06-30-2013, 08:58 PM   #135
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50 mile radius?

Good luck with that.

Also, I don't think "tips are property of the house" is correct from a legal standpoint, both the state and IRS will red flag over that.
Why not? I think they can agree via contract that tips are taken by the house, as long as the servers are paid minimum wage.
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Old 06-30-2013, 09:08 PM   #136
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That one may simply fall under "you signed the contract" it equates to docking pay, not unheard of. $250 for a shift at a busy place is not unheard of for the tipped employees.

I doubt they every do that good at ABC.
Yeah, I doubt they can legally dock pay like that, either. Generally if you work the hours, you're required to be paid for them. At $8/hour, that $250 fine is almost four days of work without pay.
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Old 06-30-2013, 09:15 PM   #137
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20) ...By signing this contract you are hereby accepting that you will be employed exclusively by ABC Amy's Baking Co. LLC. And shall not work for any competitor within a 50 mile radius of ABC within one year of temination or voluntary Resignation, without prior authorization from ABC. Nor shall you be allowed to open your own business of the same type, within the above mentioned radius.
Don't you need to be successful in order to have competitors?

No one is competing with those lunatics. lol
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Old 06-30-2013, 09:20 PM   #138
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Why not? I think they can agree via contract that tips are taken by the house, as long as the servers are paid minimum wage.
It was discussed earlier in the thread, I suppose it could, but taxes are NOT collected on tips at the time of the transaction by the venue. The business would need to show it as income derived outside of sales and pay taxes accordingly.

And if the house keeps it, it would be counted as income for them. Normally no tips are, they are counted toward the employees tips/income and they pay the state/fed income tax.

I get the feeling that's not happening.
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Old 07-01-2013, 08:16 AM   #139
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so do the people that go into this place have no clue about what these people are about..or is that why they are going?

sick people if they know what is going on and patronize this place.
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Old 07-01-2013, 10:03 AM   #140
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That one may simply fall under "you signed the contract" it equates to docking pay, not unheard of. $250 for a shift at a busy place is not unheard of for the tipped employees.

I doubt they every do that good at ABC.
First, they don't get tips

Second, being fined $250 is totally different than not making $250 because you didn't work.
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Old 07-01-2013, 10:30 AM   #141
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That one may simply fall under "you signed the contract" it equates to docking pay, not unheard of. $250 for a shift at a busy place is not unheard of for the tipped employees.

I doubt they every do that good at ABC.
There can be no deductions from pay that takes the employee's wage below the minimum wage. They can not even make the employee pay for their uniform if they have to buy it from the employer and it would bring the wage below minimum. That is why many restaurant uniforms are a plain polo shirt or dress shirt. Many restaurants break the law and make their employees buy them anyway.
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Old 07-01-2013, 02:42 PM   #142
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There can be no deductions from pay that takes the employee's wage below the minimum wage. They can not even make the employee pay for their uniform if they have to buy it from the employer and it would bring the wage below minimum. That is why many restaurant uniforms are a plain polo shirt or dress shirt. Many restaurants break the law and make their employees buy them anyway.
<-- worked for a restaurant for 5 years.


There are ways within the law to have them purchase work shirts from the employer, it likely varies from state to state.

Other businesses besides restaurants do the same.
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Old 07-01-2013, 02:46 PM   #143
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First, they don't get tips

Second, being fined $250 is totally different than not making $250 because you didn't work.
I know the difference.

I would never sign that work agreement without first finding out what is enforceable and what isn't. Simply because it is a contract to work, by signing you "agree" to the terms set forth.
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Old 07-01-2013, 03:15 PM   #144
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I know the difference.

I would never sign that work agreement without first finding out what is enforceable and what isn't. Simply because it is a contract to work, by signing you "agree" to the terms set forth.
I haven't read the whole contract, but I wouldn't be surprised, if it ever got to court, if a judge tossed the whole thing out since it so totally favors the owners.
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Old 07-01-2013, 03:20 PM   #145
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Why not? I think they can agree via contract that tips are taken by the house, as long as the servers are paid minimum wage.
Do you honestly think that income is being reported on the tax returns filed for the business or Samy and Amy?
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Old 07-01-2013, 08:48 PM   #146
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Do you honestly think that income is being reported on the tax returns filed for the business or Samy and Amy?
Income probably is getting reported from the business if for no other reason than it's most likely a money laundering operation. I can't think of another reason it has stayed in business for all of these years.
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Old 07-02-2013, 02:33 PM   #147
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so do the people that go into this place have no clue about what these people are about..or is that why they are going?

sick people if they know what is going on and patronize this place.
As a Phx resident...from what I hear it is the latter. People go there in hopes of seeing some drama.
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Old 07-02-2013, 03:04 PM   #148
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Income probably is getting reported from the business if for no other reason than it's most likely a money laundering operation. I can't think of another reason it has stayed in business for all of these years.
My question was referring to those tips Samy is collecting.
I think it unlikely that he's reporting those as personal or business income.
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Old 07-02-2013, 03:35 PM   #149
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My question was referring to those tips Samy is collecting.
I think it unlikely that he's reporting those as personal or business income.
Right, so let's say he does 1,000,000 in sales annually, even if it worked out that he averaged out to 10% tips above that, that is not counted toward his profit for tax purposes, and nobody is paying taxes on it.

It's not chump change.
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Old 07-02-2013, 03:43 PM   #150
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Why do you think he doesn't report the tips as income, particularly since he's made sure the whole world+dog knows he keeps them?
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