Ending the Employment Relationship – Ask #HR Bartender
You can just hear the frustration in today’s reader note:
For the past year, I worked as a bartender at the same place. I got fired for covering a shift that was out of my element – I worked the floor as a server, which I had not done before. My boss claims that I lost the company money, even though he wasn’t there to see my work.
The company doesn’t pay overtime – my shift would start at 6:00p and I wouldn’t clock out until 3:30a after cleaning glasses, stocking and everything else that he requests us to do. He has stated on many occasions (with no backup) that my cash drawer is short and made me pay back the shortage. He has withheld my tips when there were credit cards still open.
The company has failed to give me my personnel file saying he has 31 days and he won’t return any of my phone calls. How long does he really have to get me my final paycheck and personnel file?
There’s a lot going on in this story so it’s very difficult to provide a solution that would cover everything. We don’t know where the bar/restaurant is located. Or what policies the business has in place – if any. However, I have written about some of the issues mentioned above:
Final Paychecks: Do’s and Don’ts
The Right Way to Maintain Employee Files
But there were parts of the story that really got to me. For example, how the employment relationship ended. Yes, the employee appears to have done something they weren’t supposed to do and there were consequences. Hopefully, the employee knew prior to covering the shift that their actions would lead to termination. This is why companies create rules in the first place. So employees know not to do things that will get themselves fired.
The second part of the story that struck me as odd is the pay situation. Nothing makes employees madder than messing with their money. Employees should know how and when they’re getting paid. If an employee has a question about their pay, the company should be able to explain it quickly and honestly. When companies cannot clearly articulate pay, it can be perceived that they are cheating employees – which is probably not the case. But, since they can’t explain themselves…
Lastly, when an employee leaves the company – whether it’s voluntarily or involuntarily – it should be done with dignity and respect. The employment relationship is over but no one needs to be embarrassed or belittled. Any outstanding matters such as final paychecks or paperwork, should be discussed with a reasonable timeframe for completion.
If a company fires an employee and doesn’t know the answers to questions like, “When do I have to give the employee their final paycheck?” or “Do I have to give an employee a copy of their personnel file?”, go find out the answers. Don’t just make something up to get the employee out the door or ignore an employee’s phone calls. Contact your friendly local employment attorney. Call your local Chamber of Commerce and see if they can put you in touch with someone. You can also contact a local SHRM chapter to see if they have a member who is an HR Consultant.
Allowing the situation to deteriorate doesn’t help anyone. And rest assured, the rest of the company is watching what’s going on. They’re also wondering if it will happen to them.
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