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[I posted this on CS yesterday, and was told that fratching.com is a better forum for it.]
Some weeks ago, an assistant manager handed out these four-page pamphlets titled "Alternative Dispute Resolution & Mutual Arbitration Agreement Handout."
Since then, we've been told at meetings that it's a good thing - good for us employees because it adds another layer of assistance we may have with the company. (Of course they're going to tell us that.) They've also told us that we'll have all the same rights after signing it that we currently do. (And THAT lie, I'm told by two attorneys, is "Fraud"!)
I've avoided the topic until yesterday, when my manager asked me if I'd signed it yet.
I told him I hadn't, and handed him two pages I've been carrying to work with me each day: a fax to the Corporate Office that I'd typed-up.
I have two issues with the ADR
#1 It states above the signature line - on page four - that I am "voluntarily agreeing to these terms." Well, I'm not "voluntarily" signing it. It also states on the cover page that "All family members must sign the mutual arbitration agreement found on page four of this document." Well, how can I sign something "voluntarily" that everyone "must sign"?
I know, most people do sign them without any thought. You've probably signed one yourself when you were hired at your current job. You probably also signed something similar to it when you last opened a bank account or credit card account or bought airline tickets. But I have a reason for not wanting to sign-away my right (under the 7th Amendment to the U.S. Constitution) to file a claim in a real trial court ...
#2 A year and a half ago, I arrived at work to discover that my Saturday night closing shift had been taken away from me because I hadn't reset one of the dining room tables the previous week.
What had happened that previous week? I'd been told by my assistant manager that night to clock-out (so she could begin her end-of-the-night paperwork) as soon as my last table of customers had paid ... but while they were still seated there enjoying their dessert & pitcher of booze ...
So now I was being penalized for not working off-the-clock. Illegal, no?
My G.M. who had made this decision wasn't even there the night that my closing shift was taken away, and the two assistant managers told me there was nothing they could do about it. Oh, and by the way, that was the only time in the years I'd worked for this G.M. that I'd missed resetting one of the 80+ tables in the restaurant!
I showed-up early the next night that manager worked so I could discuss it with her, but she was out of the building on an errand. She returned later while I was busy during the dinner rush, then left again before I had a chance to speak with her.
The next night after that that we both worked was Wednesday: I arrived and learned that [1] my closing shift that night - as well as all further closing shifts - was revoked until further notice, and [2] my G.M. again wasn't there ... this time because she would be out of town for the next few weeks to open some new restaurants in another state. (The company must be really impressed with her ability to sit on her butt in the office during our busiest lunch-rush and dinner-rush hours. Maybe they want her to train the new managers how to sit on their butts too?)
These closing shifts are valuable because the two closers make MUCH more than the rest of the servers. They start before the beginning of the dinner rush and work until we lock the front doors. They also share a room and two additional premium tables. When I came in that Saturday night, instead of being in the premium closing section, I was given just four tables in the corner of the bar.
NOW ...
It's been a year and a half since this happened. I was eventually given my closing shifts back eight or nine weeks later. I typed-up complaints to federal and state regulatory agencies, but left them sitting my computer (because employees who file such complaints get fired for minor policy violations).
I actually have only half a year left to file a claim before I'm barred by the statute of limitations. And I've been content knowing that I could do it if I wanted to. But I haven't. And probably wouldn't.
BUT then I was given this ADR that I "must" sign, that requires me to surrender my right to file a claim in a real court.
Punishing me for not working off-the-clock was slap in the face. Requiring me to surrender my right to do anything about it (six months early) is a second slap in the face. Thanks for the reminder, jerks!
By giving the company this letter, I may have really stepped in it this time. And right now, I believe I'm too pissed off to even care.
[Edit: Here's my original post about losing that shift: http://www.customerssuck.com/board/s...ad.php?t=68963 I didn't mention in my e-mail to Scary (the G.M.) back then that Snap Turtle (the A.M.) had told me to clock out while the customers were still there because I didn't want Snap Turtle (or "Snappy") to also get in any more trouble than she was already in. Unfortunately, as I mentioned above, I'm too pissed off to care now.]
[Edit #2: If everyone were to refuse to sign these things, then employers (and others) wouldn't be able to get away forcing people to give up their rights! Damn, I'm even angrier now!]
Some weeks ago, an assistant manager handed out these four-page pamphlets titled "Alternative Dispute Resolution & Mutual Arbitration Agreement Handout."
Since then, we've been told at meetings that it's a good thing - good for us employees because it adds another layer of assistance we may have with the company. (Of course they're going to tell us that.) They've also told us that we'll have all the same rights after signing it that we currently do. (And THAT lie, I'm told by two attorneys, is "Fraud"!)
I've avoided the topic until yesterday, when my manager asked me if I'd signed it yet.
I told him I hadn't, and handed him two pages I've been carrying to work with me each day: a fax to the Corporate Office that I'd typed-up.
I have two issues with the ADR
#1 It states above the signature line - on page four - that I am "voluntarily agreeing to these terms." Well, I'm not "voluntarily" signing it. It also states on the cover page that "All family members must sign the mutual arbitration agreement found on page four of this document." Well, how can I sign something "voluntarily" that everyone "must sign"?
I know, most people do sign them without any thought. You've probably signed one yourself when you were hired at your current job. You probably also signed something similar to it when you last opened a bank account or credit card account or bought airline tickets. But I have a reason for not wanting to sign-away my right (under the 7th Amendment to the U.S. Constitution) to file a claim in a real trial court ...
#2 A year and a half ago, I arrived at work to discover that my Saturday night closing shift had been taken away from me because I hadn't reset one of the dining room tables the previous week.
What had happened that previous week? I'd been told by my assistant manager that night to clock-out (so she could begin her end-of-the-night paperwork) as soon as my last table of customers had paid ... but while they were still seated there enjoying their dessert & pitcher of booze ...
So now I was being penalized for not working off-the-clock. Illegal, no?
My G.M. who had made this decision wasn't even there the night that my closing shift was taken away, and the two assistant managers told me there was nothing they could do about it. Oh, and by the way, that was the only time in the years I'd worked for this G.M. that I'd missed resetting one of the 80+ tables in the restaurant!
I showed-up early the next night that manager worked so I could discuss it with her, but she was out of the building on an errand. She returned later while I was busy during the dinner rush, then left again before I had a chance to speak with her.
The next night after that that we both worked was Wednesday: I arrived and learned that [1] my closing shift that night - as well as all further closing shifts - was revoked until further notice, and [2] my G.M. again wasn't there ... this time because she would be out of town for the next few weeks to open some new restaurants in another state. (The company must be really impressed with her ability to sit on her butt in the office during our busiest lunch-rush and dinner-rush hours. Maybe they want her to train the new managers how to sit on their butts too?)
These closing shifts are valuable because the two closers make MUCH more than the rest of the servers. They start before the beginning of the dinner rush and work until we lock the front doors. They also share a room and two additional premium tables. When I came in that Saturday night, instead of being in the premium closing section, I was given just four tables in the corner of the bar.
NOW ...
It's been a year and a half since this happened. I was eventually given my closing shifts back eight or nine weeks later. I typed-up complaints to federal and state regulatory agencies, but left them sitting my computer (because employees who file such complaints get fired for minor policy violations).
I actually have only half a year left to file a claim before I'm barred by the statute of limitations. And I've been content knowing that I could do it if I wanted to. But I haven't. And probably wouldn't.
BUT then I was given this ADR that I "must" sign, that requires me to surrender my right to file a claim in a real court.
Punishing me for not working off-the-clock was slap in the face. Requiring me to surrender my right to do anything about it (six months early) is a second slap in the face. Thanks for the reminder, jerks!
By giving the company this letter, I may have really stepped in it this time. And right now, I believe I'm too pissed off to even care.
[Edit: Here's my original post about losing that shift: http://www.customerssuck.com/board/s...ad.php?t=68963 I didn't mention in my e-mail to Scary (the G.M.) back then that Snap Turtle (the A.M.) had told me to clock out while the customers were still there because I didn't want Snap Turtle (or "Snappy") to also get in any more trouble than she was already in. Unfortunately, as I mentioned above, I'm too pissed off to care now.]
[Edit #2: If everyone were to refuse to sign these things, then employers (and others) wouldn't be able to get away forcing people to give up their rights! Damn, I'm even angrier now!]
) would be obviously backed up by being fired - with no apparent reason. I don't know about where you are, but in Australia, that'd get the company in a whole pile of shit!
)
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