Staff Problem (Need help from someone experienced with business)

So I'm new to the business world. My dad has let me manage the business for a few months, as he wants me to at least have a bit of experience in running it.

Here's my question. Can one just revoke the privilege of being able to work over time?

The story is down. And I'd love some advice on what I could do. There's this waitress. I cannot fire her, she has a contract that expires in 6 months. I was wondering if I could give her a warning letter stating that she cannot work overtime anymore, and that I've seen her stealing tips. I cannot suspend her, but I think I can give her a warning letter for that at least. I do not plan on talking to her, it's useless. She's a hopeless case. She's been saying she works too long. So I'll give her what she wants, and she will not have overtime.

The tip totals to around $600 a month or less. And my dad pays more than what every employee is supposed to get. So he just keeps the tip, and adds what he decides to be fair to their paychecks. He basically gives them tips on their paycheck, and pretty much a bonus/gift. They receive more than what is stated in their contract. So what I would do is remove her privilege of being able to work overtime. And I would take the total amount of tip, divide it by the number of employees we have (it's only fair, as everyone contributes to satisfying the customers), and give her what she is really supposed to get. The staff have been receiving more than what they should get, even when the business has went negative, and the tip was obviously even below $50 the month, and they still received the same amount from my dad every month. Everyone would receive the same amount, except that certain waitress, where I'd give her what she actually should get and remove her privilege of overtime.

 

It all depends what the contract says.
Also, I'm pretty sure it's a breach on the contract if she has been stealing, so you should be able to fire her.

Look at the contract yourself if you can and look to see what you can do, just because someone has actually signed a contract doesn't mean they are immune from being fired.

 

Hey Shoop, thought you'd be one that would reply

I've looked at it, and it hasn't said it anywhere. The only thing I can do, if it's possible, is to pretty much squeeze her and remove her ability to work overtime. Also give her a share from the tip, because she would always say that it's one of the things she should get. But what she doesn't realize is she doesn't do everything, including cooking the food, so how does she know that the customers give her the tip. I don't mind if they gave it to her on her hand, but when they leave it at the table, that's different and meant for everyone. So I'll give her what she wants, I'll tell her how big of a portion she will get, and she will also not be able to work overtime.

So is it legal to just remove one's rights to be able to work overtime to earn more all of a sudden?

 

If you have evidence to prove that she has stole money from the tip, she can be sacked. In her circumstances, and despite having a strict contract, she can be fired for participating in illegal activity.
I suggest you give her a stern warning.

 

One of the most important things you have to learn about business when your in charge is that, your in charge. If you want to be a successful boss/manager/owner you have to be able to take control. If an employee is costing you unnecessary money AND stealing tips, it is not acceptable. You really need to do something about the situation, otherwise you will not be respected, and your employees will not listen to you.

For example, when your in high school there is always that one teacher or substitute that is a push over. If that teacher would take control of the class, people would listen, but instead they choose to stand by while the class goes out of control. Your going to find yourself in the same situation if you don't act. Remember, your in control, and if you want to be successful, you have to act.

 

Yea you can take away her overtime, if it doesn't say she is require to work overtime in her contract then don't give her any.

Also have you tried asking your dad?
I'm sure he won't mind you asking a few questions if it benefits the business.

 

I'd have to argue with your point regarding people not leaving tips for waiters/waitresses and maybe for other reasons eg; the food. I've worked as a waiter for many years in various restaurants and generally I'd have to say that when people tip, it's for the service they receive from a waiter or waitress. People pay the bill for the food, if someone is happy with their meal then that is what they pay for. You don't go into a restaurant expecting the food to be bad and therefore the money you pay reflects that you are content with what you received or else you would complain. A tip is something you leave to show your satisfaction and appreciation of the service you have been provided with.

I've had managers/owners before who haven't allowed us to keep our own tips, and I've been very dubious about how they have been distributed because I'm good at my job, and with people and would take a lot more in individual tips than I would get after my employer had counted them and divided them up.

Does the contract have working hours stipulated within the terms? It's pretty hard for anyone to give you an idea, in regard to the law, without some basic information regarding the details of the contract; which country do you live in etc, because employment law varies greatly in differing countries.

 

Doesn't say that she is required to work overtime, it only says that she gets paid an extra X% for every hour more she works. It says her working hours are only 8 hours a day.

I've been unable to contact my dad for a few days now. He's like that. He calls me 5 days after I arrive here, at midnight when I was just about to sleep. I've sent him several emails about different subjects including this one, I get a reply of things he wants shipped to him and he says he would reply later to my questions. He never did.

You don't get it, and honestly I don't really want to answer this, but I will. There's 3 different waiters/waitresses excluding me. There are times when the customers hands the waiter/waitress a tip, which obviously means it's for them. But there's times when it's left on the table. And tell me, who gets to keep the tip if it was like that? Is it the first waiter/waitress to grab a hold of it? I saw her with my own eyes, cleaning up the table of a few customers, and she just said "you left some money" while they were still sitting, and he said it was for us, basically the restaurant. She puts it in her hand, folds it, and when she thinks we aren't looking, she pockets it.

There have been times where customers have given tips to the waiter/waitress telling them that it is for them. Each waiter and waitress doesn't take just any table, if any of them is around, they would give them the menu, take their orders, and serve. So basically we all serve the customer. The waitresses and waiter goes in the kitchen, and they also make drinks. So if a customer wants something, they don't just wait for the specific waiter/waitress that served them.

Are you telling me that if the other waiter and waitress serves them the menu, talks to them, takes their order, and serve their food, the one that asks about the tip or the first one that gets from the table it keeps it? How is that even fair? That's why it was distributed evenly.

"Grrr", I see you helping in no way, argue with my point, but you obviously know nothing. There is a difference between handing a waiter the tip, and leaving it on the table. Especially when more than just 1 waiter/waitress helps satisfy the customer. You remind me of her, thinking she is better than everyone else, but she under performs and doesn't realize it. Don't even bother posting in this thread again.

 

You're her boss, shout at her.
If she's dumb I doubt she even read the contract and she'll pick up her pace.

 

I've tried talking to her. She never admits her mistake, and she will always say that she is right. She talks way too much, even if you tell her to listen, once you start talking, she'd start talking and arguing again.

 

When I leave a tip on the table it is for the waiter who served me. It is my understanding that dining establishments work under zones and that each server gets a certain zone to take care of the customers. From what I have seen that is also the best method of controlling tips, because an employer taking the tips and giving out how they see fit is shady. You don't need to rage at Grr for giving his opinion, and by doing that you are making yourself seem like you are better. Have to ever tried to talk to her about it? We are only getting one side of the story here. If I am an employ and the owners snotty little offspring comes in and starts talking down to be then I would be irate about it. If you go in and be firm/stern but also relate to them as human beings they will respect you. It is a respect thing, if you respect them then they will respect you and your rule.

Try talking to your dad about it and see how he does things, and then try to emulate his style. The food service industry is a tough business on both sides and you have to really understand where both sides are coming from to successfully run the business. Have you ever worked a few shifts as just a waiter under your dad? If so then you know how it feels. You just got to remember that these people are still human and talking down to them is going to result in them giving you the same attitude.

Edit: I am not condoning stealing if she is actually stealing, but by the way you replied to Grr who said he has experience in the business you don't seem like you comprehend very well. If you are going to snap at someone like that on a forum when they are trying to help you then how will you be like to an employee?

 

Should be able to get her under gross misconduct stealing should be a on the spot sacking offence it is in the uk. You cant force someone to work overtime fact I would know I am a supervisor in a supermarket. So she should recive less tips and hourly wage is the way forward.

 

I don't think you are really understanding this, I am in no way condoning her stealing tips in any way, shape or form. I've worked in places where I have caught other waiters taking tips not meant for them and it's disrespectful to those you work with and a very dishonorable thing to do. She has abused the trust of your family as well as her fellow employees.

Again, I don't think you understand. I'm not arguing against the way you distribute tips I believe the system you have in place is correct, I'm agreeing with you on the point, the only argument I raised was when I objected to your point regarding the cooking of the food because I do not believe that would have any effect on tipping. Apith, I'm not arguing against what you are saying, I'm not advocating her stealing tips that are not meant for her, I raised a valid point regarding you saying she,

"doesn't realize is she doesn't do everything, including cooking the food, so how does she know that the customers give her the tip."

That is the only thing I disagreed with, because in my opinion people do not tip for the food they receive, more so the service.

I'm actually pretty annoyed with your response to be honest, you made a thread seeking advice and I went to try and help you. I find your statement that I know nothing hilarious. You are leeching off your fathers own business, who are you to judge me? I study Law at one of the leading Universities for a Bachelor of Laws degree in my country so in that respect yes I do know what I'm talking about, I've studied employment law. I've also worked as a waiter in around five different restaurants over the years as a waiter/barman throughout university and I've actually worked in some of the best places in my city.

So don't come on here seeking advice about a relatively simple and easy 'business' problem, that you yourself cannot even resolve and then have the audacity to try and belittle my credentials. I find it very hypocritical that you are trying to say that I have no idea what I'm talking about, despite yourself posting on an online forum looking for business advice to help run daddies business. I can therefore conclude, that it is infact yourself who has no clue what you are talking about.