How is this fair??

United States
July 29, 2008 3:06pm CST
Ok, here is the deal. My husband worked as a cook for a restaurant for 3 years, went in on his days off to help every time they called him, pulled doubles and trained new hires even though he wasn't a manager or supervisor....NO COMPLAINING. The cold table at the restaurant has been broken longer than my husband has worked there and the owner just keeps doing quick fixes that break back down after a matter of days, meaning that food doesn't get stored at the proper cold temp to be safe. They had a couple of inspections that had issues that needed to be resolved and the cold table was one of them. On the 2nd reinspection, my hubby had the top of the cold table covered in ice and rock salt to keep everything practically forzen and before he clocked off to go home he told his coworker not to use the drawers because they weren't iced down. This was his friday and after clocking off he seen the inspector come in so he stuck around to see what happened. The inspector caught the other employee not wearing gloves standing over hamburger or something and then opened a drawer and found the guy had put food into the drawer so they go docked on that....On what would be my husbands Sunday, he got called from work and told not to come in on his next work day until 2 p.m. for a meeting. THEY FIRED HIM. They gave him no reason other than mentioning the inspection which he wasn't a part of.....As a matter of fact, every inspection leading up to the reinspection happened on his days off. How in the world can someone be fired when they weren't even working?
7 people like this
22 responses
@Darkwing (21583)
29 Jul 08
If I were your husband I would take this to tribunal... unfair dismissal. Your husband did everything he could possibly think of to prevent the restaurant being closed down and he's rewarded like this? I wouldn't let them get away with it. They're obviously a cowboy outfit who are going to be closed down by the Health people before too long anyway, but I would take them to the cleaners before they do! Brightest Blessings.
@devylan (695)
• United States
29 Jul 08
I agree with you, Darkwing, 100%. However, I will say that I live in a "right to work" state, where, especially in the service industry, you can get fired for anything, and the person firing you doesn't have to give you any sort of an explanation, so unfortunately, this fight may be fruitless. But hey, I don't see how it would hurt to try!
1 person likes this
• United States
1 Aug 08
Yeah, we really cannot do anything about it because in the state of Washington you have the right to quit for no reason and employers have the right to get rid of you without telling you why. I guess for us it just really sucked because they were talking about moving him up to manager the previous few weeks and we had finally got our finances together and just this february we purchased a home. Add 3 kids to that and the termination turned our world upside down for a while. He has got a new job but makes almost $3.00 less an hour. It just doesn't seem right that the owners (its a ma and pop restaurant) didn't even have the balls to fire him theirselves. They made the kitchen manager do and the kitchen manager didn't agree with the termination. Its just a whole lotta headache caused by some self-satisfying jerks.
1 person likes this
@Darkwing (21583)
1 Aug 08
I thought somehow the laws might be different there. However, it does seem like "unfair dismissal" to me, and in a civilised world, people should not be allowed to cut off your livelihood just like that, for no apparent reason, or something which is their fault, rather than yours. I still think you ought to seek professional advice on this, however you expect it to pan out. You might be pleasantly surprised? I hope so with a large family to support. Good luck, my friend.
1 person likes this
@ZephyrSun (7381)
• United States
29 Jul 08
I would really apply for unemployment as well as talk to the eeoc or the labor relations board. Best of luck and I hope everything works out!
2 people like this
• United States
1 Aug 08
Yeah, he did apply for unemployment but he found a new job within a week and a half so it never kicked in. If we could have survived on unemployment I would have gladly done so for a month or so just to make the company pay. I'm a little vindictive I guess.
• Lubbock, Texas
29 Jul 08
It isn't fair in any shape form or fashion, but most restaurants have a right to work clause that basically says you can quit without notice for no given reason, and they can fire you without notice for no given reason. But if they did mention the inspection and indicate he was at fault he may have grounds for bringing charges, if he has proof. I know this is devastating financially and emotionally, but did he really need the stress of performing managerial duties without getting managerial pay? File for unemployment and start looking for another job. Of course you could file complaints, through what ever legal avenues are available, but are you really ready to go through all that stress? The restaurant does need to be brought to the attention of the public. Who wants to eat in a place without proper food safety?
• United States
30 Jul 08
Essentially, they gave him a reason, legally if they fire you, they have you sign a paper as to why. Even in a right to work state, there are rules you need to follow if you have been employed for over 30 days. There is a three step process. Verbal warning and two written with employee signature. Upon being let go, the employee is supposed to be told the reason (again - over days) they cannot say "it just isn't working out" I would take the case to Labor and Industries and follow their instructions. Companies must follow the rules. If they did this to you husband, they have done it to others. Fid as many as you can, call the Better Business Bureau and file a complaint there as well. If he has never been written up - it is wrongful termination. I doubt he will want his job back, but you could request severance compensation for hardship
• United States
2 Aug 08
His record with the company was unblemished. He doesn't want anything from them now. He went in and got his final paycheck and gave them back the new jacket with the restaurants name and logo on it back to them...he was just given it the previous Friday. They actually had the nerve to ask him why he didn't want it! I swear, they are lucky my husband has better manners than me when people try to walk on him! I would have told them exactly where they could store that jacket!
@pukaprat2 (442)
• United States
29 Jul 08
i hate to say it but there are alot of restraunts that are like that. look at the bright side though. at least he will be getting his last pay check. the company that i worked for was having issues with mice and roaches and even though they were inspected they some how managed to pass it every time. - when i say at least he will be paid. when i worked for this company my checks always bounced and were returned to me with me having to pay the fines. finally the rest. closed its doors. and i still have yet to be paid for the last month that i worked. there are alot of things going on with the economy and there are alot of things that are happening that just dont make sense. a company hires people because two things one, that if the company does well and finds good workers they should fine loyality to the company. it seems to me your husband was dealt a bad hand. I hate the restraunt business and food industry. there is miles of red tape and things that get pushed under the rug even though it goes against the health guidlines. It was completely wrong for them to fire him especially if he wasnt there. i would ask to see a time card and dates of inspection. and find a lawyer. - take this to the courts. you might find that if all the paper work is correct and your husband wasnt there, you can sue for wrongfully firing - if the company had other reasons for firing, which i am sure they will come up with, i still think that you could win. I tried to sue for back wages but red tape said that the company filed Bankrupcy and that under the law they are not commited to give out pay. - hows that one. although myself and several other coworkers are still fighting this. i do hope that you take legal action against this company.
2 people like this
• United States
29 Jul 08
it is not fair. it is very wrong. but the sad fact is, things like that happen a lot. they often protect those in the wrong and innocent ones are punished. i am truly sorry that you had to suffer this injustice and losing his job as well. you just keep doing what is right. they will bear the consequences for their actions somewhere in life. you just continue to be good workers.
2 people like this
• United States
1 Aug 08
Thank you for your kind words.
@alindahaw (1219)
• Philippines
30 Jul 08
Oh dear! This is really serious. How could your husband's employer do this to him after all that he had done for the company? Your husband deserves better treatment than this. Maybe he should file a complaint for unfair dismissal. If he was not on duty when the inspections were conducted, he could not really be at fault. it's not fair to blame all these things on him.
1 person likes this
@underdogtoo (9579)
• Philippines
30 Jul 08
I think your husband is lucky to be fired. He is too good for that shabby place. That they fired him proves that he is better than them and he is now free to find a better place or for a better place to find him. Cheers!!
• United States
2 Aug 08
Thanks! Thats how we like to look at it right now. The job he has now pays less so things are tighter and I'm getting ready to go back to work because of it but he is happier at the job he has now and its less stress on him.
• Malaysia
30 Jul 08
There's no fair in the world. Some people can get high pay, or a lot of advantages even they do not do their work probably, but the hardworking people don't get the thign they should et.
1 person likes this
@ultipost (63)
• Grenada
30 Jul 08
This is indeed very unfair. Your husband has 2 options: formally fight it (but it will be his word against theirs) or contact the owner of the restaurant and explain what really happened (best is to write a letter and email, followed up by a phone call) and see if they may have been misled. They may take him back.
@lixiaos77 (1030)
• Shijiazhuang, China
30 Jul 08
Able man often be envyed by others. Your husband's diligence realed others's laziness and offended those lazy ones. You husband can open a restaurant of himself. He know well how to oprate a restaurant and he will get success.
1 person likes this
@soycub3d (107)
• United States
30 Jul 08
My father worked in the Food business and trust me, it can be a b!@#$. I think since it can be a very volatile market you have to be very careful. My father got the worst of it after buying a failing business(he didn't know at the time) and now we had to sell nearly everything we had to pay off the debt. I feel very similar to you -Sawyer
1 person likes this
• United States
1 Aug 08
That is horrible. I am sorry to hear that.
@mrtech (50)
• Canada
30 Jul 08
That is unfair get a lawyer/attorney. Take them to court, that's crazy.
1 person likes this
@kacey8 (1)
• United States
30 Jul 08
Sorry to hear about what happened to your husband. Thats not fair and them failling inspection shouldn't be his fault anyways it should be the managers. Did anyone else get fired like the employee that wasn't using the gloves?? Your husband should try to fight it somehow I wish the best for you and him...Goodluck
• United States
2 Aug 08
Thanks, nobody else was fired, suspended or even reprimanded. The employee who was on the clock was a newbee that they pulled from the dishpit to train as a cook. It was only his second time being on the line by himself. My husbands relief worker was on his way in but running late. The owners told brandon (hubby) to clock off and that the new cook would be fine by himself for the short time.
@Ravenladyj (22904)
• United States
30 Jul 08
Sickening how that sort of thing works isnt it.....I'm sorry he got fired especially if as you said he worked above and beyond what was in his job description or required of him....I would say his only course would be to contact whatever legal resources are out there (sorry the proper name escapes me at the moment) and go from there...
1 person likes this
• Philippines
30 Jul 08
That's the way of the world. With no one to take the blame, all the person present during the meeting had to find someone to blame. And unfortunately, your husband was wrongly picked. I think you can file a case about that, or your husband.
1 person likes this
• United States
30 Jul 08
i was confused with the concept - so i looked it up and found http://phoenix.about.com/cs/empl/a/righttowork.htm - it doesn't sound like "right to fire because i need someone to blame for my idiocy" LOL i think your husband should write up everything that he remembers, and fight it
1 person likes this
• Philippines
30 Jul 08
No it's not, I think you should ask for legal council for this. I mean your husband have rights and I think an employee can't be fired without due process. Employers tend to be shrewd or outright abusive when not checked on.
1 person likes this
• Malaysia
30 Jul 08
Hey there little momma, this type of things do happen sometimes and all we can do is just hope it doen't happen to us but unfortunately it happened to your husband and I am very sorry for you and your husband. The best thing to do is to report this to the workers' association or any bodies that might have the power to deal with this sort of injustice. Good Luck
1 person likes this
@crazy286 (269)
• India
30 Jul 08
this is totally unfair. i guess your husband can apply in the court of law and demand a compensation or his job back. he is the best employee of that restraunt according to the details you have given. ask your husband to file a case and report it to the law or government. this should not be left like that.
1 person likes this