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(   Woman fired from Subway and charged with theft after sharing her FREE drink   ( divider line
    More: Asinine  
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24299 clicks; posted to Main » on 05 May 2007 at 10:26 PM (10 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»

154 Comments     (+0 »)

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2007-05-05 11:16:19 PM  
she'll get over it
2007-05-05 11:17:19 PM  
Hey Waldo Pepper, learn to use HTML so we can understand your farking posts.
2007-05-05 11:17:21 PM  
2007-05-05 11:18:29 PM  
DiamondDave: Any sammich shop that tries to put pastrami on white bread needs dragged into the street and beate

Every sandwhich shop I have ever been to allows you to put any meat on any bread they offer. Now if you want a regular Ruben, you know what you're geting, but you can ask for corned beef on white, rye etc. Same with pastrami, sure most people order it on rye, but some don't.
2007-05-05 11:19:03 PM  
Waldo Pepper: you're very, very wrong. Even with at-will employment, you must give written warnings and document everything.

See my previous post. You can fire at-will and not be sued. However, you forfeit any right to protest an unemployment claim. Most companies hate to have unemployment claims against them because their rates go up, and thus the documentation is required to deny a claim. In an at-will state (at least the one I live in) you can terminate someone without any reason, but when they file unemployment and you tell them it was an at-will termination they pay the claim automatically (and probably raise your rates each time since you are a higher risk).
2007-05-05 11:19:49 PM  
Waldo Pepper: I do know if you are a bastard or not but you are a theft!

Can you say that in English now?
2007-05-05 11:21:24 PM  
Personally, I like Jimmy John's. They have some damn good meat
2007-05-05 11:21:33 PM  
Waldo didn't say that, Yagottabechittinme, he was quoting the first guy. Thus my snarky post to him about HTML skills.
2007-05-05 11:22:02 PM  
I've got the perfect protest:

We all get a job at Subway, and then just sit around drinking the free soda until they fire you. Thousands of us.

Use a new cup each time, too.
2007-05-05 11:22:07 PM  
I hate Chevy: Same with pastrami, sure most people order it on rye, but some don't.

I *despise* rye bread.
2007-05-05 11:22:17 PM  

Dunedin is on New Zealand's South Island.
2007-05-05 11:22:44 PM  

I drive from Phoenix to Tucson monthly just to eat Jimmy JOhn's. Apparently there's one in the works for Tempe; I'm very, very excited about this.
2007-05-05 11:23:44 PM  

I know; my post was to point out that no one is mentioning this... and quoting US laws and customs.
2007-05-05 11:24:01 PM  
Yagottabechittinme: Waldo Pepper: I do know if you are a bastard or not but you are a theft!

The line quoted here was his.
2007-05-05 11:25:24 PM  
Right, but the one you quoted before that wasn't.
2007-05-05 11:26:41 PM  
2007-05-05 11:31:01 PM  
I personally despise subway after I REPORTED noticing the till was short after the manager left, as she was the last one to be in the till, and then I counted out to leave and it was short, and they called me the next morning accusing me of stealing. Not only did they do that, they called me REALLY farkin early, after I'd worked a shift past midnight, and refused to leave a message, demanding to speak to me right then.
Yet they never complained when the till was over, and it ALWAYS seemed perfectly balanced at the end of the day, when sometimes it was well over 200 over... (hint, don't let 6 people, three of which are totally crooked, work the same till).
To say that I quit that day, waiting until two minutes before my shift started to tell them, is like saying a bear sh*ts in the woods.
2007-05-05 11:31:12 PM  
img412.imageshack.usView Full Size
2007-05-05 11:32:14 PM  
Next time some kid steals a 5-cent dubble bubble I am going to call the cops on that little turd right quick. Maybe a night in PMITA will set that kid on the path of righteousness. Oh, also I will sue his parents for the 5c!!

Hopefully no one firebombs my store, teaching me something about inappropriate responses.
2007-05-05 11:33:11 PM  
just out of curiosity... is a 'subway' in new zealand the same as a 'subway' in the us? is it the same company?
2007-05-05 11:34:45 PM  
ignite ice Oh, and for the people who think "at-will" means "can be fired for no reason," you're very, very wrong. Even with at-will employment, you must give written warnings and document everything.

Tanthalas39 Uh, yer wrong.

You're both right. Technically, you can be fired for any reason or for no reason at all. But realistically, all employers give you plenty of warnings first because if they don't then you could sue them for wrongful termination.

That said, if they want you gone bad enough then they will come up with reasons.
2007-05-05 11:37:37 PM  
Dunedin worker Jackie Lang was fired from her fulltime job at fast-food franchise Subway
Clark says Lang, who has Asperger's syndrome

Little geniuses indeed. I guess her 'special skill' was sandwich-making.
2007-05-05 11:37:52 PM  

I drive from Phoenix to Tucson monthly just to eat Jimmy JOhn's. Apparently there's one in the works for Tempe; I'm very, very excited about this.

WTF? There's plenty of good food in Phoenix. Some of it isn't even Mexican. You ever try Scott's Deli? Now there's a pastrami sandwich.
2007-05-05 11:38:17 PM  
Never cared much for Subway anyway. Limited vegetarian offerings (though their Veggie Delite sub isn't too bad) and a long wait if there's more than a couple of people in line. I patronize them maybe 2-3 times a year at most. After hearing about this, they'll probably see me even less.

Damn, now it makes me wonder what could happen to a patron who orders a cup of water (by law, all retail food outlets in Calif. must offer cups of water free of charge upon request) and mistakenly or intentionally pushes the soda button on the self-serve machine instead of depressing the little "water" tab below?

Most fast food outfits offer clear plastic cups for the water, presumably so staff can tell by looking if soda is in the water cup... of course, for clear drinks like 7Up, it'd be hard to tell the difference.

If there's soda in that there water cup...
Shake down... Break down... You're BUSTED!

Homer (mouth under Squishie dispenser nozzle): Aggalhglhalghagh!
Apu: Are you stealing Squishies?
Homer: No sir.
2007-05-05 11:38:21 PM  
She should've said it was for a duck.
2007-05-05 11:40:35 PM  
True, she could be fired for theft. However, if you read the article, you will see that that is what is being argued. Apparently, she says she didn't steal anything, because she is allowed free drinks during her break. Thus, if she didn't steal anything, and she was fired for "no reason," she could probably sue them.

Autonomous Workers Union organiser Bill Clark says the dismissal is one of the worst he has seen. He says the Subway handbook allows free soda and water while working.

She felt she should have been given a warning rather than been fired and that the response was out of proportion to her actions.

Now people are going to say, "Yes, free for the employee." However, it says she left it on the table. One could certainly argue that she didn't steal anything -- her friend did.

I also don't know the laws of the place she lives. But I'm guessing she probably has a case.
2007-05-05 11:42:07 PM  
I just want to point out that Subway is a franchise business, which means each Subway is independently owned and Subway headquarters had absolutely no say in what this asshat manager/owner did.

So not eating at any Subways because of this does not really make sense. They are independently owned and operated restaurants that happen to share menus and marketing, but not management policy.

Also, there is no "Subway handbook" that the article mentions that involves free drinks for employees. That's a per franchise decision.

/Family owns a Subway
//Treat our employees with respect
///But they have been explicitly told that free food and drinks are for them only and giving food to their friends will be considered theft and they will be charged accordingly
////Although we probably wouldn't care about a few drinks or the first sandwich offence, unless it became a pattern. We would probably just give a warning.
2007-05-05 11:44:05 PM  
bmihura: Until they fix this, no more Subway for me.

I actually like their food; you can get anything put into salad form. Granted they use iceberg lettuce, but it's still better than white bread.

so you support internal theft?

i don't give a fark that it was "only a couple of sodas" someone willing to steal a couple of sodas isn't that far from "it's only a few bucks"

also FTFAThrough an intermediary, she said the company's actions were a shock, embarrassing and had caused her financial hardship.

yea, waa waa i got fired because i steal from where i work and now i don't have a paycheck. maybe should have thought of that before stealing.

i don't usually side with big business, but theft is theft, and it's really really easy to not lose your job over theft. YOU PAY FOR WHAT YOU TAKE.

especially when you are taking it for a friend.
2007-05-05 11:45:00 PM  
doubt this goes very far. Proof will have to be made that the employee had a willful intent to steal the soda to give to her friend.

Anyone else annoyed at a waste of tax dollars this is over a $4 soda?
2007-05-05 11:45:25 PM  

I drive from Phoenix to Tucson monthly just to eat Jimmy JOhn's. Apparently there's one in the works for Tempe; I'm very, very excited about this.

If there ever was a statement that unwittingly encapsulated everything that is wrong with America, it is this.
2007-05-05 11:47:54 PM  
Tanthalas39: Right, but the one you quoted before that wasn't.

Gotcha - I misread his previous.

/I stand corrected.
2007-05-05 11:47:56 PM  
Sounds about right. Workers at Subway only have a right to drink - not give drinks away to friends.

As usual, the Submitter failed to RTFA.
2007-05-05 11:49:37 PM  
Everyone here that is planning on boycotting all subway restraurants doesn't understand the franchise system and is the stupid.

Oh yeah, whoever made the decisions in this situation should be strung up by their eyelids. Same goes for the scumbag cop that laid this charge. A smart cop would have said, "No, Mr.Business owner, I'm not charging someone with theft over this. If you have a problem with that, go ahead an log a complaint with the department."
2007-05-05 11:49:49 PM  
The employee was autistic, hence she couldn't be consoling her friend since autistic people find it most difficult to sense others' states and sympathize.


Uh, no. She has Asperger's. That is high level autism. Thus basically, she can function normally. Many people have Asperger's and lead full lives. Examples would include: economist Vernon Smith, Gary Numan, Vines frontman Craig Nicholls, Satoshiatajiri, the creator of Pokémon franchise, and Dan Aykroyd
2007-05-05 11:51:43 PM  
GammonB: /Family owns a Subway

I still won't eat there because I much prefer Port Of Subs
2007-05-05 11:53:11 PM  
boycotting all subways would just be absurd, find the "problem ones" and boycott them if you really want to boycott. I can name three in medford oregon if you want them. All owned by the same family and they share the same three crooked managers
2007-05-05 11:56:34 PM  
I'm from Dunedin, so I'm really getting a kick out of some of these replies...

Man, I'm gonna boycott that branch of Subway. I'll have to go to the one two blocks away instead.
2007-05-05 11:58:35 PM  
Shafty: Anyone else annoyed at a waste of tax dollars this is over a $4 soda?

Even though it's New Zealand tax dollars, yes. It is absolutely ridiculous that they would have her arrested over a soda that (as I was corrected on earlier) cost less than a dime for the store. A write-up, a warning, even a 3-day suspension? Maybe, although that really sounds harsh over this. To call the cops?


I have been in business management for over 20 years. Remind me never to hire you to supervise my staff. Yes I have to watch over things very closely as I manage a multi million dollar bankroll in a casino, but I sure as hell am not going to file charges over something that cost the company less than 25¢ to begin with. I have sent a number of employees to jail for embezzlement but this is ludicrous.
2007-05-06 12:00:02 AM  
ratbert: Sounds about right. Workers at Subway only have a right to drink - not give drinks away to friends.

Next time you take a pen home from work or print something personal at the office would you expect your boss to fire you, take you to court and get you locked up for two hours in jail?

I think the argument here is about the degree.
2007-05-06 12:01:12 AM  
I work at a fast food joint and I'm really getting a kick out of these replies...

But seriously, I've seen my manager do truck orders and a bag of soda syrup, say Mt. Dew, is 45 dollars. Granted it does only take a few drops mixed with soda water but the point is...

/I was trying to make a point
//that its not cheap
///but the profits definately outweigh the cost of the box
////Oh and that Subway manger is an asshat
2007-05-06 12:01:29 AM  
I second Jersey Mike's. Much better sammich for less money.
2007-05-06 12:02:32 AM  
I don't advocate internal theft. I was a Store Manager of a franchise Blockbuster store. I dealt with at-will employment; I dealt with employees who filed for wrongful termination (in one case, my store's owner told me to hire her back and put her back on the schedule. I did. She then didn't show up. Awesome.)

The thing is, you really do have to document everything. And in most cases, it's NOT documentation for the other person. It's documentation for yourself. IE, if they say, "I was fired because of racial discrimination," you can pull out your files saying, "No, I let you go because of your performance." Then you show them the documents of when you talked to them about their performance. That's why it's always good to have the employee sign things as well -- showing that they understand what has just happened. If they don't sign, document that as well.

And as far as internal theft goes, I wouldn't have any of it. I wouldn't let friends have free movies. I wouldn't let employees have free movies beyond their allowed numbers per week. I wouldn't let employees have free candy/pop. Not once.

However, what this girl did, I would not consider stealing.

For instance, say I rent a movie using my free movies employee perk. I take that movie home and a friend/family member decides to watch it. Is that internal theft? No. And I've never met anyone, Store Manager, Store Owners, anyone who says otherwise. Why? Because it's in my possession the entire time. I am accountable for it. Would I let them take that movie back to their place? No. Would I let them come in and rent on my employee account? No.

So it's no different here. I mean, she could argue that she can't be held accountable for her friend choosing to drink out of the cup. She could say, "It was mine the entire time. I poured it for myself. I just forgot about it."

/That's what I would do anyway.
2007-05-06 12:03:46 AM  
i was refused a free sub at a subway becuase the manage saw me putting the stamps on my card and saw that i had a huge strip of stamps (friend at a different subway). i went to the next closest subway, and was refused service because she had called them!!! What a biatch!

/I miss the top-cut.
2007-05-06 12:05:18 AM  
Boycott all Subways until they force that franchise owner to sell their interest.

/How's that? That good?
//don't eat out much anyways
2007-05-06 12:09:55 AM  
Subway makes people sick and they cheap with the meat.

Put them in jail!
2007-05-06 12:11:32 AM  
Lehk and IAmRight

After a bit of thought, you two are right and I was wrong.

Theft is indeed theft no matter how small.
2007-05-06 12:11:58 AM  
As a cop, if I got called out to this nonsense, I'd be checking for fire code violations so as not to totally waste my time after lecturing the idiot owner.
2007-05-06 12:16:44 AM  
I just have to ask one question


What would Jared do
2007-05-06 12:19:12 AM  
So, the employee moves latterly to Wendys. I think they pay more anyway.
2007-05-06 12:22:27 AM  
I'd boycott Subway, but since I've never even been to a Subway, they probably wouldn't miss me anyway.
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