[PlanningtoLive]

I am a restaurant manager for a fast food restaurant here in Wisconsin. I have to put in at least 45 hours or they will dock my salary. That usually isn't a problem.

The issue is this: when my home office receives a complaint, the bosses that be have decided that they will take away some of the manager's salary. Their belief is that if they are losing customers and money, so should the store managers. I was written up last week, after I had already talked to a customer about her complaint (she later told my district manager it wasn't satisfied enough) and he has decreased my salary by $1000. Any further complaints about my store or my staff, and it will be cut more. My question is, is this legal?

I have contacted two attorneys about this (waiting on call backs)and have requested in writing copies of all information in my personnel file. I also sent an email to the State about this and they said it is if I am notified prior to them actually doing it. Something does not seem right here.

Thoughts, or helpful links? Thanks.

Mary Alice

[Frozen_Heart]

Doesn't seem fair to me. You may want to check out dol.gov.

One question: are you exempt or hourly? If you are exempt. . you should have a base pay that cannot be 'docked' for customer complaints. A lot of questions here to get to the bottom but one thing is for sure. . every state has to follow federal guidlines unless the state regulation is a better benefit to the employee.

Hope I was somewhat helpful. . . but I think it looks and walks like a duck.

[Perna]

I think it might depend on who owns your restaurant (an individual under a franchise agreement or the chain itself) and who is docking your pay, etc. If it is your "boss" I imagine they can make up whatever silly rules they want. Since you're salaried instead of per hr. wage worker, there's not as much protection on what they can and cannot pay you. Do you get bonuses for when your sales go up? If you only get punitive adjustments like this one, I'd look for a better place to work.

[Pita]

I would contact your State wage and hour board!

[nowheretorun]

are they docking a 'bonus' you recieve for reaching certain goals? or is it straight salary being docked?

where i live, 'incentive payments' are considered binding if the employer has agreed to pay them, and follows the agreement with an actual payment...

there should be an agreement in your personal file... what does it say there regarding customer complaints and pay docks?

that will be what a court looks at... black and whites on paper.... verbal, a bit more difficult to prove, but you can use prior pay records as evidence of agreements..
i.e. .. "this was the prior agreement X and the pay stub reflect that"

good luck...

[PlanningtoLive]

It is a franchise, Perna. I am supposed to be getting bonuses, but the store was in really bad shape when I took it over, and even though there have been improvements since I took over, it hasn't been enough for a bonus yet.

I am looking, believe me.

[PlanningtoLive]

I sent them an email, and they did say as long as I am notified prior to them doing this......I am very disgusted.

[PlanningtoLive]

Hey nowhere.......it is straight salary being docked. They are going to fax me my personnel file on Thursday. I requested all documents that I am allowed by law to view. We'll see exactly what is in there. I am hoping to speak with an attorney over the next day or two.

Thanks.

Mary Alice

[I_WMD]

I lived in Wisconsin years ago and worked there too .

Now adays some states are Right to work States >>> which allows employers carte blanche as to what they say goes ,,,,>>> And if you not like ,,,[ so what ] . sux.

[AAAAA]

Wisconin laws really suck for the employees. They are within their rights to lower your salary, they will tell you if you don't like it find another job.

http://www.dwd.state.wi.us/dwd/workers.htm

[Perna]

Yeah, hourly wages might be different, covered under law, but not a salary I don't think. And if there is possibility for bonuses then the opposite makes sense too. That sucks though.

[Doh2007]

Legal or not, I'd look for another job. Even if you're in the right, the lawyer's fees will drain you dry.

[PlanningtoLive]

Thanks everyone. I am waiting on a call back from two attorneys. I am looking for a new job as well, but there isn't alot in my area, unfortunately. I was very disappointed to receive that email from the State saying that it was okay as long as I was notified prior. I'm hoping an attorney will tell me something different.

It is playing havoc with my mental stability though. I was barely making it on what I was getting and now this. My pdoc authorized me to increased my Depakote as my mood swings and temper is getting the best of me.

Thanks for all the help and for listening.

Mary Alice

[AAAAA]

Good Luck Mary Alice

[PlanningtoLive]

Thanks AAAAA. Spoke to an attorney today and it seems that it is perfectly legal for my company to do this to me. Since my employment is at will, and I am still working there, I am technically agreeing to the terms. I am so tired of getting screwed over.

[wisewoman]

Please find a kinder job for you.

[cajun]

I'm not a lawyer but I seriously doubt that is legal. They can't dock your money for customer complaints. I would keep all documentation and forward to an attorney. A good one!!

[cajun]

Mary Alice, They better be glad it is you and not me. I would have choked it out of them by now.

[sabby]

Many states are "Employee at will" states. It does make it difficult for sure for employees at times.

There may be a way to get them to rescind this incident and that may be by going to your state Human Rights Commission (or some such thing). Sometimes if there is a "history" so to speak of this kind of situation that may go in your favor. If there have been other instances of complaints and other managers NOT having their pay docked....then that would show an inconsistancy in the companies procedures and it may be overturned. Of course, there may be history that shows they have done this with other exempt employees/managers too.

By writing a complaint to your state Human Rights Council, they can legally request information regarding this issue from the company and the company has got to provide it!

Of course, it is possible that you don't have a legal leg to stand on here, but if you feel deeply enough about it, looking further into it may be the way to go.

Regardless of what happens, I hope things work out for you. Sometimes these are the wake-up calls that one needs to go through in order to move on to the next part of our lives.....it could be that something better is just around the corner for you!


sabby

[AAAAA]

(((((Mary Alice))))) I’m so sorry to hear that but I figured that would be the case. Wmd had it right, Wisconsin is a right to work state so they can do just about anything that they want. The company that my husband works for has given out “bonuses” twice a year since they opened 30 years ago. These bonuses are earned by doing x, y, and z. Things such as quality control, reduced waste, increased production, on time delivery etc. There is a checklist and they keep you updated as to how you’re doing.

Last Christmas, they were on target to get the same amount that they have always gotten. However two days before the checks were to be issued, they were informed that other plants have not been doing as well as this one, and that all the money was going to be thrown into the kiddy and split amongst the 6 plants. This reduced our plants bonus from an average of $5,000 to $500. (Before taxes, and they tax it as a gift so they take half in taxes.)

There was absolutely nothing anyone could do, even though these bonuses are listed in their benefits package, they’re still considered “gifts” and the company can take them away at will. Even though to earn them, each employee had to go above and beyond to earn them. Even though two days before the checks were due to be issued they stated that they were on course to get the standard bonus.

They further added insult to injury for this plant by deducting the spring bonus of around $300 from the Christmas bonus. None of the other plants met the requirements for the spring bonus, so there was no money deducted from their bonus. So the average employee of this plant had planned on bringing home a bonus of $2,500 and wound up with about $200.

Wisconsin is particularly difficult for the employees. Although I must say that Oregon was much worse on some points. The company you worked for could only make you work 3 12-hour sifts a week and you were entitled to breaks every so many hours. At least Wisconsin mandates that you have one day off a week. But things like breaks “are to be negotiated by the employee and employer”. They do make the company pay you for your break if it is less than a half an hour. But other than that, if you’re over the age of 18, you’re screwed.

[PlanningtoLive]

I will check into that sabby, thank you. From what my boss told me, he has done this to three managers so far. I just hope that he is able to do something within 60 days like he said, or I will have to take some drastic measures.

Mary Alice

[PlanningtoLive]

{{{{{{{AAAAA}}}}}}}} thanks. Yes, in the wonderful state of Wisconsin taking breaks is only recommended after the age of 18, and no one at the store gets breaks. 99% of the time I don't even get to sit down except when doing paperwork in the mornings.

As for bonuses, forget it. I've given up hope of seeing those, I can't even get my review which was due 12/18/07.

Mary Alice

I will keep this in mind if I am seeking work in the US.

I can understand why retail and restaurant workers are unionizing also. Unfortunately, your issue is as manager and they cannot unionize.

I have heard of Restaurant Managers in New Jersey who had quit as managers (even owners) and returned to waiting tables because they made more in tips than in management.

This situation your are in is scary. Then again, employees' rights have never been favourable if it means less profit. Welcome to our capitalist culture. Production is more important than the people producing.

[AAAAA]

Let me guess, no review no raise. A handy little tool to put off giving you your raise.

[PlanningtoLive]

Exactly.......I get a decrease instead of more money. My enthusiasm for my work is definitely waning.