Going to arbitration(Union job) (employees, tips, unemployment, employer)
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I was a bartender/food and beverage attendant. So back in November I was pulled in the office by my supervisor. I was told that there was a secret shopper. He told me the secret shopper came around 5:00pm and ordered 2 gin and tonics, a pepperoni pizza, and a salad. They ordered that from my coworker. I was told they came back around 6:30pm and ordered a bottle IPA from me. I was told I was given 9 dollars and that the shopper witness me charge it and put it and the cash register. They said I did not offer a glass and I did not offer a receipt.
My supervisor then tells me that they can not find the charge in the system. I told him I did not remember the guest at all and that the beer in question was not sold at all the whole week. A week later I was suspended pending investigation. They did their investigation and did not find me on camera interacting with the shopper at all!!! I also had filed a grievance stating that they should check inventory from the day. Their investigation brought back nothing at all and all they had was the secret shopper report. However corporate pushed for me to be terminated and a week after suspension I was terminated.
Back on the 4th of January we went in for mediation. The mediator tried to bring me back. I never had issues at this job or any disciplinary actions. I also did not steal the 9 dollars. They only offer to change my my termination into a resignation, give me a letter of recommendation, and would not contest unemployment. My union rep and myself said no! So now we going to arbitration.
Anyone have any experience with this? I really got fired for no reason on top of the fact that they had no proof. And the fact that they was willing to change my termination into a resignation we believe they know their case is weak. They tried to trick me knowing had I excepted the terms I would not be able to get unemployment.
I was a bartender/food and beverage attendant. So back in November I was pulled in the office by my supervisor. I was told that there was a secret shopper. He told me the secret shopper came around 5:00pm and ordered 2 gin and tonics, a pepperoni pizza, and a salad. They ordered that from my coworker. I was told they came back around 6:30pm and ordered a bottle IPA from me. I was told I was given 9 dollars and that the shopper witness me charge it and put it and the cash register. They said I did not offer a glass and I did not offer a receipt.
My supervisor then tells me that they can not find the charge in the system. I told him I did not remember the guest at all and that the beer in question was not sold at all the whole week. A week later I was suspended pending investigation. They did their investigation and did not find me on camera interacting with the shopper at all!!! I also had filed a grievance stating that they should check inventory from the day. Their investigation brought back nothing at all and all they had was the secret shopper report. However corporate pushed for me to be terminated and a week after suspension I was terminated.
Back on the 4th of January we went in for mediation. The mediator tried to bring me back. I never had issues at this job or any disciplinary actions. I also did not steal the 9 dollars. They only offer to change my my termination into a resignation, give me a letter of recommendation, and would not contest unemployment. My union rep and myself said no! So now we going to arbitration.
Anyone have any experience with this? I really got fired for no reason on top of the fact that they had no proof. And the fact that they was willing to change my termination into a resignation we believe they know their case is weak. They tried to trick me knowing had I excepted the terms I would not be able to get unemployment.
Sounds like they do not have a case, if all that you are reporting is true. Hard to believe they would go thru the trouble and expense of Arbitration with a weak case, and that is likely the reason they offered you a Resignation.....save on the expense. If you do win your job back, you may be targeted again, so watch your back, and follow your Contract to the letter. I've been to Arbitration once, and we did win the job back only to have the person retire one year later. We usually work a deal on Severance / Demotion during Mediation on cases where we know the party is guilty, and the case against is strong. Stand your ground, and demand to be made whole.
Is it really worth it? Have you not found another job yet?
It's what separates union from non-union. We pay dues to have our representatives fight for us, especially in cases where employer is in the wrong and trying to make an example of somebody. If they can get away with treating the OP like they are, it won't be a loss just for the OP, but for all employees.
My contractor just gave us a 10¢ pay cut. Our contract states that they pay the first 20¢ in healthcare cost increases and we'll pick up the tab after that.
Well it went up exactly 20¢, so we should not have seen a drop in pay. I called our representatives and the contractor just sent out an apology and they'll fix our pay rates and reimburse us for last week. Non-union we would just have to accept what they gave us or risk our job, or individuals would have to try to negotiate on their own. I think it was an honest mistake, but they dug in when I spoke to them about it. They were forced to look over their numbers and correct it once the union made the phone call.
It's what separates union from non-union. We pay dues to have our representatives fight for us, especially in cases where employer is in the wrong and trying to make an example of somebody. If they can get away with treating the OP like they are, it won't be a loss just for the OP, but for all employees.
Good luck OP. I have the "Just Cause" book. Definitely good information in there.
Back on the 4th of January we went in for mediation. The mediator tried to bring me back. I never had issues at this job or any disciplinary actions. I also did not steal the 9 dollars. They only offer to change my my termination into a resignation, give me a letter of recommendation, and would not contest unemployment. My union rep and myself said no! So now we going to arbitration.
Why would you want to fight so hard to stay working at a place that actively seeks to screw people? Just go get a new job. You can fight and fight and fight, and they're still going to get you.
Why would you want to fight so hard to stay working at a place that actively seeks to screw people? Just go get a new job. You can fight and fight and fight, and they're still going to get you.
I'm inclined to agree, but a wise person once said: "Let me tell you something in real business. A piece of paper doesn't mean jack sh*t unless you bring it into a judge. When you have a contract with somebody, unless you enforce it in front of a judge, it doesn't mean d**k."
"Court" in this case is arbitration. You can lose the battle(s) and win the war. The OP obviously wants to fight this and shouldn't be deterred. Whether he wins or loses, he can at least rest knowing he did his best.
I'm inclined to agree, but a wise person once said: "Let me tell you something in real business. A piece of paper doesn't mean jack sh*t unless you bring it into a judge. When you have a contract with somebody, unless you enforce it in front of a judge, it doesn't mean d**k."
"Court" in this case is arbitration. You can lose the battle(s) and win the war. The OP obviously wants to fight this and shouldn't be deterred. Whether he wins or loses, he can at least rest knowing he did his best.
And the union at least earns the credibility to fight for it's members. It also puts the employer on notice that it may not be worth picking these fights in the future. Union employees can collectively start holding the employer accountable to the contract.
The contract game is not a pleasant one to be played, but like our Rights under the Constitution of the United State, as you said, it's meaningless unless you exercise those rights and privileges.
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