If you can read this, either the style sheet didn't load or you have an older browser that doesn't support style sheets. Try clearing your browser cache and refreshing the page.
Duplicate of another approved link: 7820987


(KTAR Phoenix)   Remember Amy's Baking Company? The owners are now making all employees sign contracts forcing them to work weekends or pay a $250 'no-show' fee. And employees must hand over all tips to management   (ktar.com) divider line 71
    More: Followup, Kitchen Nightmares, RadarOnline  
•       •       •

2272 clicks; Favorite

71 Comments   (+0 »)
   

Archived thread

First | « | 1 | 2 | » | Last | Show all
 
2013-07-03 10:04:37 AM

Muta: Those are usually pretty easy to get around.  You can tell the judge that Amy's is a Baking Company, whereas the new place you're working at is a "restaurant".  The two are not in competition.  That said, you have to be reasonably articulate to state your case, reasonably intelligent to know your rights and live in a state that is not Arizona where you can trust the judicial system is not corrupt.


I've never heard of a non-compete clause like that which could be enforced even if you were terminated by the company. You want to resign? Fine, don't go take your talents and work at the bakery next door. But termination is a whole different animal. It would give the owner enormous control over the employee: "You better clean the bathroom again after I made a mess, otherwise I'll fire you and then sue you if you take another job."
 
2013-07-03 10:05:06 AM
I don't see how any non compete is enforceable, it smells like indentured servitude.
 
2013-07-03 10:05:25 AM
My wife quit a job that had a non compete clause, they soon found out it was not enforceable, like someone else said, you can not impede a persons' right to work.
 
2013-07-03 10:05:32 AM

Great Janitor: Is the $250 for the any part of the weekend or per day?


It wouldn't surprise me if it was by shift.  During my restaurant days, it wasn't unusual to be scheduled 10:00-1:00 then 4:00-8:00.
 
2013-07-03 10:06:17 AM
I would totally bang that chick...not her the grey haired one.
 
2013-07-03 10:07:04 AM

Cyrus the Mediocre: Peepeye: "One rule on the Bouzaglo's contract notes that if an employee resigns or is terminated, they are not to work at "any competitor within a 50 mile radius of ABC within one year of termination or voluntary resignation," which is virtually unheard of in the service industry."

Who the hell is going to enforce this?  Any breach of contract suit is going to get laughed right out of the courtroom.


The problem is they are big enough assholes to try to enforce it. You are correct that it wouldn't hold up in court, but some poor waitress that makes 20k a year is going to wind up having to get a lawyer and deal with a lawsuit because they are dicks and they will be hoping to make another headline.
 
2013-07-03 10:07:52 AM
dukeblue219:
I've never heard of a non-compete clause like that which could be enforced even if you were terminated by the company. You want to resign? Fine, don't go take your talents and work at the bakery next door. But termination is a whole different animal. It would give the owner enormous control over the employee: "You better clean the bathroom again after I made a mess, otherwise I'll fire you and then sue you if you take another job."

Sounds like a Republican wet dream!
 
2013-07-03 10:08:57 AM

Cyrus the Mediocre: Peepeye: "One rule on the Bouzaglo's contract notes that if an employee resigns or is terminated, they are not to work at "any competitor within a 50 mile radius of ABC within one year of termination or voluntary resignation," which is virtually unheard of in the service industry."

Who the hell is going to enforce this?  Any breach of contract suit is going to get laughed right out of the courtroom.


I would deliberately get hired so they could fire me and I could sue for some disproportionate amount of damages.
 
2013-07-03 10:11:43 AM

padraig: soupafi: I worked for jimmy johns for 2 days and they had a non compete clause. But is was only 2 miles

I can understand for tech industries, but how do they rationalize it for service industries ?


pretty tough to rationalize.  especially since these employees are probably working for less than $10 /hour.

I could understand a confidentiality agreement on recipes.  but, that's about the only thing I could rationalize after the termination of employment.  if you could hold a service person to a non-compete, every waiter would be out of a job in a matter of years.  (there is a lot of turnover in the service industry)
 
2013-07-03 10:12:07 AM

Carn: Crazy?  I was crazy once.  They put me in a padded room.  I died there.  Worms grew in my body.  Worms?  I hate worms.  They drive me crazy...


Crazy? CRAZY?! DO I LOOK CRAZY TO YOU?!
i.ytimg.com
 
2013-07-03 10:12:19 AM
Why is this a story?

Are the actually people that do not understand the concept of free will enough to know they do not have to sign a made up, unenforceable contract in order to work at a restaurant? I don't care this exists, I am more interested in the people that actually agreed to this (if there are any) rather than going to the bakery down the street and applying there. Let's have a story about them.
 
2013-07-03 10:12:21 AM

padraig: soupafi: I worked for jimmy johns for 2 days and they had a non compete clause. But is was only 2 miles

I can understand for tech industries, but how do they rationalize it for service industries ?


Probably on the idea that, believe it or not, there are people who have 'favorite servers' in their eating place.  If said server goes to a place less than 2 miles away, they might change their restaurant to stay with said server rather than continue eating at the original place.
 
2013-07-03 10:14:51 AM

yanoosh: My wife quit a job that had a non compete clause, they soon found out it was not enforceable, like someone else said, you can not impede a persons' right to work.


I signed one non-compete contract.  Then I wondered how they could figure it out if I did work somewhere else in violation to the contract.  That company then fired me for a really dumb reason so I applied at a competing company and said in the interview "I know their trade secrets, they do the job better than you do and if you hire me I'll show you everything I know."  Then I said "That's also why I checked the box to not contact my former employer."
 
2013-07-03 10:16:37 AM

Peepeye: Pocket Ninja: Peepeye: They actually found employees willing to sign that contract?


"One rule on the Bouzaglo's contract notes that if an employee resigns or is terminated, they are not to work at "any competitor within a 50 mile radius of ABC within one year of termination or voluntary resignation," which is virtually unheard of in the service industry."


There is no way on earth that is enforceable; they can't prevent people from working. 

These people are just trolls and/or idiots and doing all of this for the attention.
 
2013-07-03 10:23:31 AM
Lame attempt to spin this into a political issue. Try again
KarmicDisaster:
dukeblue219:
I've never heard of a non-compete clause like that which could be enforced even if you were terminated by the company. You want to resign? Fine, don't go take your talents and work at the bakery next door. But termination is a whole different animal. It would give the owner enormous control over the employee: "You better clean the bathroom again after I made a mess, otherwise I'll fire you and then sue you if you take another job."

Sounds like a Republican wet dream!
 
2013-07-03 10:37:18 AM

Firethorn: padraig: soupafi: I worked for jimmy johns for 2 days and they had a non compete clause. But is was only 2 miles

I can understand for tech industries, but how do they rationalize it for service industries ?

Probably on the idea that, believe it or not, there are people who have 'favorite servers' in their eating place.  If said server goes to a place less than 2 miles away, they might change their restaurant to stay with said server rather than continue eating at the original place.


That is a possibility, but I don't think it's very common.  There was an awesome server at an Outback-style restaurant (Tumbleweeds!) when I lived in Rockford, and when she switched to a Mexican restaurant in the area, we gradually started going there more often, as we were always given great service, and she knew all of our names and preferences.
 
2013-07-03 11:04:06 AM

QifutuWahuta: That is a possibility, but I don't think it's very common. There was an awesome server at an Outback-style restaurant (Tumbleweeds!) when I lived in Rockford, and when she switched to a Mexican restaurant in the area, we gradually started going there more often, as we were always given great service, and she knew all of our names and preferences.


That's a special kind of server.  Back in the 70s I was working in Chicago and frequently went to the Berghoff.  There was a waiter there I would have followed into a greasy spoon for the service he gave - it was impeccable and even with a rowdy table of 20 one evening, he handled it by himself, never made a mistake, and wrote each of us individual tabs.  That was before any kind of computerized restaurant system.  But he was a professional waiter and had been there over 30 years.  My guess is that he made a very good living.  Percentage-wise, I probably left him higher tips than any server I've had the privilege of having serve me - including that one cutie in the short skirt that I thought I had a chance with!

 Amy's Baking Company is NOT going to attract that kind of server.  I'd guess that if you're desperate enough to work at Amy's, you don't enough going for you to get a job in a fine restaurant.
 
2013-07-03 11:13:36 AM
tips to mgmt?
Yeah, I've paid for good shifts.  Bar manager makes it clear that the one that pays the most gets the shift.
Three bars in a club?  Pay to work in the most lucrative one or work in service bars.
When it was possible to make 2k a week tending bar giving some moron 3-500 a week seemed almost legit.

Granted, your company, you can be as big a miAnus as you want but there must be some limit  .  .  .  no?
 
2013-07-03 11:21:30 AM

Mr. Right: QifutuWahuta: That is a possibility, but I don't think it's very common. There was an awesome server at an Outback-style restaurant (Tumbleweeds!) when I lived in Rockford, and when she switched to a Mexican restaurant in the area, we gradually started going there more often, as we were always given great service, and she knew all of our names and preferences.

That's a special kind of server.  Back in the 70s I was working in Chicago and frequently went to the Berghoff.  There was a waiter there I would have followed into a greasy spoon for the service he gave - it was impeccable and even with a rowdy table of 20 one evening, he handled it by himself, never made a mistake, and wrote each of us individual tabs.  That was before any kind of computerized restaurant system.  But he was a professional waiter and had been there over 30 years.  My guess is that he made a very good living.  Percentage-wise, I probably left him higher tips than any server I've had the privilege of having serve me - including that one cutie in the short skirt that I thought I had a chance with!

 Amy's Baking Company is NOT going to attract that kind of server.  I'd guess that if you're desperate enough to work at Amy's, you don't enough going for you to get a job in a fine restaurant.


there are restaurants in new orleans where the waiters give you their cards.  when you want to make a reservation, you call your waiter.  he will be the waiter who always serves you, etc.  and most people who work their are generational employees (like, father, grandfather were waiters, etc)

of course, you're talking about an entirely different form of service, altogether now
 
2013-07-03 11:54:39 AM

padraig: soupafi: I worked for jimmy johns for 2 days and they had a non compete clause. But is was only 2 miles

I can understand for tech industries, but how do they rationalize it for service industries ?


Trade secrets I guess. They suck as employers anyways
 
2013-07-03 12:11:20 PM

soupafi: padraig: soupafi: I worked for jimmy johns for 2 days and they had a non compete clause. But is was only 2 miles

I can understand for tech industries, but how do they rationalize it for service industries ?

Trade secrets I guess. They suck as employers anyways


then have a confidentiality agreement.  not a non-compete.

employers are just being overzealous.  especially with cheap labor, because they know cheap labor is too poor to hire legal help.  a non-compete, at this level, is essentially the way for an employer to force an employee to keep working, in a sense, beyond the at-will structure (due to the non-compete penalty for termination), while allowing the employer to fire them at-will.
 
Displayed 21 of 71 comments

First | « | 1 | 2 | » | Last | Show all



This thread is archived, and closed to new comments.

Continue Farking
Submit a Link »






Report