if a waiter takes an item off the check, that the customer did not like, but did not tell manangment until the end of the shift, because it was so busy, is that grounds for firing? the customer did not like something, returned it to the kitchen . so the waiter did not have them pay for it and was fired? in florida. if that matters. thanks.
State/Country relating to question: Florida
Hello,Thank you for your question. Can you tell me if the employer has a written or verbal policy stated by management that non-management servers have the option to comp checks without permission from management?
I do not believe they have either
Hello again,Thank you for the information. Well whether or not they have a requirement that servers get prior permission to comp a check, the employer is still within their legal rights to terminate the employee. The reason is that Florida is an employment "At Will" state. That means that the employer can terminate an employee, for any, or no, reason and with no notice or warning unless the Termination would violate an Employment Contract, company policy, or employment discrimination law. So, unless your situation falls within one of the situations I mentioned, the termination would be lawful.That said, the waiter could file for Unemployment Benefits. Unless the employer can prove that the waiter intentionally or through gross negligence failed to follow workplace rules or policies, then the employee would be eligible for unemployment. Please let me know if you need clarification of my answer. I am glad to answer follow up questions. You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. Kindly rate me based solely on my assistance to you in understanding the law, and not based on whether my answer is what you were hoping to hear. I, unfortunately, have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law. Please reply to me and let me know if you are having difficulty with the rating system or even seeing it. Thank you.
thank you. no wonder the world is a mess. how long does one need to be employed in florida to receive unemployment benefits?
Qualification in Florida is not really based on length of employment. It is a little complicated but it is based on earnings. Below is what the section of the law says that relates to monetary qualification. (the base period is the first 4 quarters of the last 5 quarters worked prior to the application for unemployment) Your best bet is just to apply for benefits and let the State do the monetary calculation.(g) She or he has been paid wages for insured work equal to 1.5 times her or his high quarter wages during her or his base period, except that an unemployed individual is not eligible to receive benefits if the base period wages are less than $3,400.
Licensed Attorney with 27 yrs. exp in Employment Law
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).