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(WCTI 12 New Bern)   Restaurant owner sued for giving employees Sunday off because slaves require no rest   (wcti12.com) divider line
    More: Asinine, Emerald Isle restaurant owner, Bogue Banks, Carteret County, North Carolina  
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2420 clicks; posted to Business » on 13 Jun 2021 at 2:02 PM (7 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2021-06-13 10:42:37 AM  
Johns has hired an attorney but said he is hoping the management company will simply have a change of heart.

Talk about delusional.  Management companies don't have hearts.  If you wanted to have Sunday closed.  You should have had it written into the contract in the first place.  It works for Chik-Fil-A.
 
2021-06-13 10:49:08 AM  
Ok. I open on sundays.

For an hour. In the early morning.

I make one pot of coffee and close when it sells out.
 
2021-06-13 10:52:07 AM  
a) If a shopping complex is open on Sunday it is reasonable to expect all the stores to be open

b) Being open 7 days a week does not mean the SAME employees have to work all seven days
 
2021-06-13 10:57:32 AM  
York Properties' attorney released a statement saying "RuckerJohn's lease at Emerald Plantation contains several provisions that require it to open for business every day except Thanksgiving and Christmas. Emerald Plantation cannot allow RuckerJohn's to violate the operation provisions of its lease and the effect its closure on Sunday would have on other tenants in the center."

BUT

Johns said the company asked him to pick a different day to close

If true, they have no case.
 
2021-06-13 11:01:18 AM  

SpectroBoy: a) If a shopping complex is open on Sunday it is reasonable to expect all the stores to be open

b) Being open 7 days a week does not mean the SAME employees have to work all seven days


It does if you're shorthanded.
 
2021-06-13 11:26:51 AM  

dv-ous: SpectroBoy: a) If a shopping complex is open on Sunday it is reasonable to expect all the stores to be open

b) Being open 7 days a week does not mean the SAME employees have to work all seven days

It does if you're shorthanded unwilling to pay a living wage to attract enough job applicants.


TFTFY
 
2021-06-13 11:28:15 AM  
Emerald Plantation?

Well, that's a name.
 
2021-06-13 11:36:49 AM  

dv-ous: SpectroBoy: a) If a shopping complex is open on Sunday it is reasonable to expect all the stores to be open

b) Being open 7 days a week does not mean the SAME employees have to work all seven days

It does if you're shorthanded.


Good point. New version

a) If a shopping complex is open on Sunday it is reasonable to expect all the stores to be open

b) Being open 7 days a week does not mean the SAME employees have to work all seven days

c) If you pay a reasonable living wage you will have enough staff to make it work.
 
2021-06-13 11:37:47 AM  

dv-ous: SpectroBoy: a) If a shopping complex is open on Sunday it is reasonable to expect all the stores to be open

b) Being open 7 days a week does not mean the SAME employees have to work all seven days

It does if you're shorthanded.


So the self described hero who just wants to give everyone a day off is actually just unwilling to pay enough for adequate staff. Got it.
 
2021-06-13 11:39:44 AM  
Entrepreneurial People love Emerald Plantation
 
2021-06-13 11:42:30 AM  
d) Shiatpoaters on Fark obviously know more about another person's business than the owner himself.
 
2021-06-13 11:49:01 AM  

puffy999: d) Shiatpoaters on Fark obviously know more about another person's business than the owner himself.


THIS
 
2021-06-13 12:03:42 PM  

Dewey Fidalgo: Emerald Plantation?

Well, that's a name.


It's the formal name for Tara.
 
2021-06-13 12:18:08 PM  
That sucks, but the employees being overworked is not a concern for the property management company, and unfortunately if it says in the contract that you gotta stay open 7 days a week, then you're gonna get sued if you don't stay open 7 days a week. Them even offering him another day was surprising.

Nothing says you can't offer a very limited menu of items on that day if you just want a skeleton crew. And offer time and a half for the Sunday work (I don't know how well he pays, not getting into that one).
 
2021-06-13 12:47:30 PM  
If his store is that important to mall traffic, he has some negotiating to do.
 
2021-06-13 2:14:48 PM  
simple solution:  the property management company could come in on sunday and work for twelve bucks an hour.
 
2021-06-13 2:15:43 PM  

GardenWeasel: York Properties' attorney released a statement saying "RuckerJohn's lease at Emerald Plantation contains several provisions that require it to open for business every day except Thanksgiving and Christmas. Emerald Plantation cannot allow RuckerJohn's to violate the operation provisions of its lease and the effect its closure on Sunday would have on other tenants in the center."

BUT

Johns said the company asked him to pick a different day to close

If true, they have no case.


Yeah, sadly, they do.  There's almost certainly clauses in their agreement which grant York the ability to grant exemptions, either before or after the fact, on a case basis (i.e., allowing them to close for a particular day, or to breach the provision one or more times, in either case without enforcement/pursuing a violation).
 
2021-06-13 2:29:09 PM  
My joint has closed Mondays and Tuesdays because we are so short staffed, front and back. We don't like the revenue loss, but we value that more than working employees for 72-78 hour weeks in some cases. Not just for the outrageous amounts of OT, but because humans aren't supposed to work on an active kitchen line like that. We were running our staff into the ground.

We're hiring and training, but it's going to take a bit until we have decent folks in place.

Management company wants the restaurant to be open seven days, sounds like they'd best volunteer to cover the line those days.
 
2021-06-13 2:32:11 PM  

SpectroBoy: a) If a shopping complex is open on Sunday it is reasonable to expect all the stores to be open

b) Being open 7 days a week does not mean the SAME employees have to work all seven days


guessing you aren't familiar with the staffing shortage in restaurants right now?
 
2021-06-13 2:38:46 PM  

hubiestubert: My joint has closed Mondays and Tuesdays because we are so short staffed, front and back. We don't like the revenue loss, but we value that more than working employees for 72-78 hour weeks in some cases. Not just for the outrageous amounts of OT, but because humans aren't supposed to work on an active kitchen line like that. We were running our staff into the ground.

We're hiring and training, but it's going to take a bit until we have decent folks in place.

Management company wants the restaurant to be open seven days, sounds like they'd best volunteer to cover the line those days.


I'd daresay that many/most of our tech brothers here have NO IDEA what working on a hot line for 10+ hours is like, and I doubt many could close that shift without taking a trip to the ER.
 
2021-06-13 2:39:40 PM  
And Emerald Isles population isn't huge, they may genuinely be pretty tapped on labor during the vacation season. And they can't staff up overnight.

He may, in fact, pay a decent wage and still have the issue.
 
2021-06-13 2:40:41 PM  

BizarreMan: Johns has hired an attorney but said he is hoping the management company will simply have a change of heart.

Talk about delusional.  Management companies don't have hearts.  If you wanted to have Sunday closed.  You should have had it written into the contract in the first place.  It works for Chik-Fil-A.


A contract is just a goddamned piece of paper
 
2021-06-13 2:45:46 PM  

MetaDeth: BizarreMan: Johns has hired an attorney but said he is hoping the management company will simply have a change of heart.

Talk about delusional.  Management companies don't have hearts.  If you wanted to have Sunday closed.  You should have had it written into the contract in the first place.  It works for Chik-Fil-A.

A contract is just a goddamned piece of paper


One whose provisions are enforceable under law. Specifically, penalties for breach, a legal duty to perform, or both.
 
2021-06-13 2:45:47 PM  

offacue: If his store is that important to mall traffic, he has some negotiating to do.


No, that ship has sailed. He agreed to be open 7 days a week
 
2021-06-13 2:52:54 PM  
farking Russian mafia assholes
 
2021-06-13 2:54:19 PM  
If it's a tourist area I can't say I'm totally surprised the management company would be mad he's closed on Sundays. Probably hurts business elsewhere in the strip mall. I'd like to hear the explanation about why he can't be closed on Monday instead. It very well might be a good reason, I just can't imagine what it is.
 
2021-06-13 2:58:39 PM  

Dewey Fidalgo: Emerald Plantation?

Well, that's a name.


Fark user imageView Full Size


Knows all about emerald plantations.
 
2021-06-13 3:21:45 PM  

offacue: If his store is that important to mall traffic, he has some negotiating to do.


And we are done here.
 
2021-06-13 3:41:31 PM  

FlippityFlap: SpectroBoy: a) If a shopping complex is open on Sunday it is reasonable to expect all the stores to be open

b) Being open 7 days a week does not mean the SAME employees have to work all seven days

guessing you aren't familiar with the staffing shortage in restaurants right now?


Guessing you aren't familiar with the fact that any service business that offers $15/hr isn't having any problem finding people?
 
2021-06-13 3:54:19 PM  

FlippityFlap: hubiestubert: My joint has closed Mondays and Tuesdays because we are so short staffed, front and back. We don't like the revenue loss, but we value that more than working employees for 72-78 hour weeks in some cases. Not just for the outrageous amounts of OT, but because humans aren't supposed to work on an active kitchen line like that. We were running our staff into the ground.

We're hiring and training, but it's going to take a bit until we have decent folks in place.

Management company wants the restaurant to be open seven days, sounds like they'd best volunteer to cover the line those days.

I'd daresay that many/most of our tech brothers here have NO IDEA what working on a hot line for 10+ hours is like, and I doubt many could close that shift without taking a trip to the ER.


Well, taking that many drugs tends to do that.

/4 years in a kitchen, never going back
//if you love your kids. Send them to the military, do not make their first job a restaurant.
 
2021-06-13 4:06:58 PM  

chitownmike: offacue: If his store is that important to mall traffic, he has some negotiating to do.

No, that ship has sailed. He agreed to be open 7 days a week


Hence, the negotiations.
 
2021-06-13 4:40:56 PM  
What kind of moron allows the rental company to dictate business hours? If I pay you X amount for rent each month, that's all that should matter.
 
2021-06-13 4:54:47 PM  

GardenWeasel: York Properties' attorney released a statement saying "RuckerJohn's lease at Emerald Plantation contains several provisions that require it to open for business every day except Thanksgiving and Christmas. Emerald Plantation cannot allow RuckerJohn's to violate the operation provisions of its lease and the effect its closure on Sunday would have on other tenants in the center."

BUT

Johns said the company asked him to pick a different day to close

If true, they have no case.


No, it probably means that the lease says they have to open for the weekends since that is when the most foot traffic hits malls.

Malls are harsher about this because they want to dispel any thought that the mall might be in decline.

But the stores also kick back a cut of revenue as rent so York loses money when the guy closes on a high traffic day.  Plus the other stores count on restaurants attracting regulars who might drop into their biz too.

Right or wrong, these are typical terms you face if you go into a mall because it has "cooperative" aspects to it.
 
2021-06-13 4:56:59 PM  

offacue: chitownmike: offacue: If his store is that important to mall traffic, he has some negotiating to do.

No, that ship has sailed. He agreed to be open 7 days a week

Hence, the negotiations.


What negotiations? He already has a binding contract. The property management has no reason to negotiate with him because the law is entirely on their side.
 
2021-06-13 4:59:29 PM  
Huh, who'd think the owners of a shopping center named Emerald PLANTATION would be jerks.

/ Are you farking serious in the 21st century wtf I can't even argh ...
 
2021-06-13 5:06:13 PM  
I guess they won have a Chick-fil-A at that mall.
 
2021-06-13 5:40:55 PM  
open for 15 minutes.  Sell a cup of coffee to a "Customer".  Then close to satisfy agreement.

Really be interesting to see the terms of the lease.  Because the terms might not even be legal and the property owners might be harming themselves in the process

probably one of those places that wants a % of your sales as part of the lease terms
 
2021-06-13 7:52:28 PM  

puffy999: d) Shiatpoaters on Fark obviously know more about another person's business than the owner himself.


I mean, the owner apparently didn't know what was in the lease they signed for their place of business...
 
2021-06-13 8:02:18 PM  

offacue: If his store is that important to mall traffic, he has some negotiating to do.


More likely they don't want a closed shop in the food court on one of the two busiest days of the week.

Malls don't like to have shuttered stores because it makes the place look like it's dying, which leads to a self perpetuating cycle as the customers pick up on the vibe and stop coming, which leads to male stores shuttering.

When they do have vacant stores they often disguise them in some way so it's not so obvious there's an empty property, it's only when the mall is on its last legs that they stop bothering with this or start letting out to "bottom tier" stores that you see in near-dead malls.

A store shutting for one day isn't going to disguise its presence, so it'll look like there's a shuttered store. In this case it sounds like it's in the food court too, so somewhere where people would notice it more as they're sitting there looking at it rather than walking past.

The mall might not care that *this* particular business is open each day, just that whatever business they're letting that spot to is open on that particular day.
 
2021-06-13 9:01:12 PM  

majestic: What kind of moron allows the rental company to dictate business hours? If I pay you X amount for rent each month, that's all that should matter.


I thought that too.

The lease details are weird to me
 
2021-06-13 9:31:48 PM  
If they force him to be open Sunday, he could have a super restricted Sunday only menu that doesn't bring in many customers. Technically open, but it's just One "special" all day.
 
2021-06-13 9:34:27 PM  

GardenWeasel: York Properties' attorney released a statement saying "RuckerJohn's lease at Emerald Plantation contains several provisions that require it to open for business every day except Thanksgiving and Christmas. Emerald Plantation cannot allow RuckerJohn's to violate the operation provisions of its lease and the effect its closure on Sunday would have on other tenants in the center."

BUT

Johns said the company asked him to pick a different day to close

If true, they have no case.


Open for business, but lock the doors.  Stick up bed sheet with 'I ASSURE YOU WE ARE OPEN' written in shoe polish.
 
2021-06-13 10:12:56 PM  

puffy999: d) Shiatpoaters on Fark obviously know more about another person's business than the owner himself.


dude, raise wages, then prices.  it's easy.
 
2021-06-13 10:28:34 PM  

austerity101: offacue: chitownmike: offacue: If his store is that important to mall traffic, he has some negotiating to do.

No, that ship has sailed. He agreed to be open 7 days a week

Hence, the negotiations.

What negotiations? He already has a binding contract. The property management has no reason to negotiate with him because the law is entirely on their side.


Contracts can always be renegotiated.
 
2021-06-13 10:29:01 PM  

Any Pie Left: If they force him to be open Sunday, he could have a super restricted Sunday only menu that doesn't bring in many customers. Technically open, but it's just One "special" all day.


That would cost even more money.
 
2021-06-13 10:30:07 PM  

jjorsett: MetaDeth: BizarreMan: Johns has hired an attorney but said he is hoping the management company will simply have a change of heart.

Talk about delusional.  Management companies don't have hearts.  If you wanted to have Sunday closed.  You should have had it written into the contract in the first place.  It works for Chik-Fil-A.

A contract is just a goddamned piece of paper

One whose provisions are enforceable under law. Specifically, penalties for breach, a legal duty to perform, or both.


No shiat buddy... who else said it was just a goddamned piece of paper? Huh?
 
2021-06-13 10:53:39 PM  

Target Builder: When they do have vacant stores they often disguise them in some way so it's not so obvious there's an empty property, it's only when the mall is on its last legs that they stop bothering with this or start letting out to "bottom tier" stores that you see in near-dead malls.

A store shutting for one day isn't going to disguise its presence, so it'll look like there's a shuttered store. In this case it sounds like it's in the food court too, so somewhere where people would notice it more as they're sitting there looking at


So what you're implying is that either the property managers are so poor at what they do that they aren't bothering to disguise other closed storefronts which are permanently closed (among other things), or they are doing so well that they wouldn't have a problem filling that spot?

Because as someone who was a 90s teenager and as someone who occasionally goes to the local mall's food court... it's pretty easy to tell the difference between a business closed for the moment and a business which closed permanently. And as someone who remembered a time when a halfway nice restaurant was in the local mall... the property owners sure didn't farking care that they didn't open for half of the day, because nobody was stupid enough to think a place like that had closed. (The mall sold... and those property managers WERE that stupid and they basically drove the mall into "library quiet" status).

Let's look at this from the perspective of the restaurant being a draw (because, well, if it weren't why the fark would they take, as you suggest, "one of the two busiest days" off?). Why would you poke the bear as a property management company, when you could have an asset which could draw people to your mall on OFF days? People sometimes like to eat a nice meal and browse.

Target Builder: puffy999: d) Shiatpoaters on Fark obviously know more about another person's business than the owner himself.

I mean, the owner apparently didn't know what was in the lease they signed for their place of business...


If the business owner is correctly arguing that the business was offered another day of the week off by the property managerial company, I'd say the lease terms may not be as legally binding as the property managers assume.
I'd also say that the owner very well could bring up the religious status of his employees, presumably Christian. Sunday might be chosen for a reason.... hell if Hobby Lobby can argue they are.religious, this guy should just go with that angle on his end. "Jebus said Sundays off." And sue for religious discrimination.
 
2021-06-13 11:20:27 PM  

MetaDeth: BizarreMan: Johns has hired an attorney but said he is hoping the management company will simply have a change of heart.

Talk about delusional.  Management companies don't have hearts.  If you wanted to have Sunday closed.  You should have had it written into the contract in the first place.  It works for Chik-Fil-A.

A contract is just a goddamned piece of paper


does there loyer got a ar15?  ain't much of a contract then
 
2021-06-13 11:21:39 PM  

FlippityFlap: SpectroBoy: a) If a shopping complex is open on Sunday it is reasonable to expect all the stores to be open

b) Being open 7 days a week does not mean the SAME employees have to work all seven days

guessing you aren't familiar with the staffing shortage in restaurants right now?


Pay higher wages
 
2021-06-13 11:50:53 PM  
puffy999:
So what you're implying is that either the property managers are so poor at what they do that they aren't bothering to disguise other closed storefronts which are permanently closed (among other things), or they are doing so well that they wouldn't have a problem filling that spot?

If they're vaguely competent they'll be able to make a shuttered store look less like a shuttered store, though they can't readily do that with a store that is merely closed for the day.

Because as someone who was a 90s teenager and as someone who occasionally goes to the local mall's food court... it's pretty easy to tell the difference between a business closed for the moment and a business which closed permanently. And as someone who remembered a time when a halfway nice restaurant was in the local mall... the property owners sure didn't farking care that they didn't open for half of the day, because nobody was stupid enough to think a place like that had closed. (The mall sold... and those property managers WERE that stupid and they basically drove the mall into "library quiet" status).

So... the mall you went to didn't bother to try hide its shuttered stores, then sold (common when malls run into financial issues... and malls not bothering to hide shuttered stores is a solid sign of this) and eventually turned into a dead mall? Somewhat exactly like the cycle I described?

Let's look at this from the perspective of the restaurant being a draw (because, well, if it weren't why the fark would they take, as you suggest, "one of the two busiest days" off?). Why would you poke the bear as a property management company, when you could have an asset which could draw people to your mall on OFF days? People sometimes like to eat a nice meal and browse.

It's not that a specific restaurant may be a draw, it's that a closed store is a repulser to mall goers.
 
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