I've got alot of questions in my head, but I can't seem to focus them at the moment. I'm so glad I found this site.

First: Does the wage hike that was just applied in Michigan apply to food servers as well as the rest of us? It just seems like they should get a hike up from $2.65 an hour.

Second: I am repetedly being threatened by a supervisor at work, saying that I'm lucky to have my job. She also tells me that I've got a bad attitude. I'm polite with her all the time, and she always asks me why I'm arguing. She wrote me up last night, and said that It was because I have a bad attitude, and wouldn't fill the bar coolers, which isn't my job. I refused to sign it, and now I'm concerned about my job. It seems like, If I had a bad attitude, then there would be more than just one person that's unhappy with me, but everyone likes me and says that I do a great job. What can I do?

Third: I'm certified in the county health safety program, and SafeServ, which is a nationally recognized program. I am very cautious about what I do, because of the possibility of making someone sick. I am constantly telling people that they should do things different, change gloves, not eat out of there, not do this/that. I am ignored, because I'm not a supervisor. I'm the only one who is certified at my restaurant, and I take pride in my job. My boss who works with me, also refuses to wear gloves, which is a good way to allow Staph bacteria to pass to food, and breed. I can't complain to him, because he's set on his ways, owning his own restaurant for 30 years. I feel like if I complained to the health department, then I would lose my job. I'm stuck in a corner.

Any advice for all three of my current situations would be helpful. Thank you.

JaSmith.

I'm so glad I found this site.

Just out of curiousity, how did you find this site?

First: Does the wage hike that was just applied in Michigan apply to food servers as well as the rest of us? It just seems like they should get a hike up from $2.65 an hour.

Michigan's Dept of Labor and Economic Growth has this on its website

Permits tipped employees to be paid a minimum of $2.65 per hour WHEN tips are received, combined with the employee's hourly rate, equal the required minimum hourly wage rate listed above. A written tip statement signed by the employee AND dated before the date the paycheck was received must be maintained by the employer for each pay period that tips are reported.

Considering the website also has current minimum wage info for non-tipped employees, I would guess this is current. You DO understand that the tipped employees are NOT being paid $2.65 per hour. They are making whatever the minimum wage is (now at $6.95) or the $2.65 plus tips, whichever is more.

She also tells me that I've got a bad attitude. I'm polite with her all the time, and she always asks me why I'm arguing.

Clearly, one of you is wrong. If she asks you why you are arguing, my guess is that you are the one causing the problem.

She wrote me up last night, and said that It was because I have a bad attitude, and wouldn't fill the bar coolers, which isn't my job. I refused to sign it, and now I'm concerned about my job. It seems like, If I had a bad attitude, then there would be more than just one person that's unhappy with me, but everyone likes me and says that I do a great job. What can I do?

"That's not my job" is a good ticket out the door. If I ask you to do something, I expect you to do it. Right now, you are lying on the railroad tracks looking at a light heading directly towards your and, in the near future, you are going to be complaining because the train ran over you.

BTW, refusing to sign a write up is another good way to get fired.

All legal.

I feel like if I complained to the health department, then I would lose my job.

Not being in that business, I would not dare guess what the requirements are, but if the company is not meeting whatever LAWS apply to them and you complain, then you are protected from retaliation. If they are simply not meeting standards that are recommended, but not required, then you have no case.

She wrote me up last night, and said that It was because I have a bad attitude, and wouldn't fill the bar coolers, which isn't my job. I refused to sign it, and now I'm concerned about my job.


FYI! By signing a corrective action notice, it does not imply that you agree with it. It on signifies that it was discussed with you.

Okay. I've got a few replies, and information to give.

I found this site, on a google search, while trying to find information about the Michigan Labor Law Poster. I don't remember my exact search phrase, but I can check my history if you'd like.

I do understand that tipped employees are making $2.65 plus tips, or $6.95 if the tips don't even out. Recently our servers at work had to start filling out tip reports, because the owner's son was no longer allowed to do payroll, and they had to start doing things right.(That is what I was told.)

I've argued with that particular supervisor once. I was told not to do it again, and I haven't. Alot of people have issues with her, but it seems as if she focuses that all on me. I've avoided conversations, by giving her one word answers to her questions, because I don't want her to start arguing with me. I'm a pretty passive person at work, but I don't think I'm required to do side work of other employees outside of the kitchen. We all seem to stick to what is required of us. The servers have their bar coolers to stock, liquors, slicing limes/lemons, etc. The cooks have to change containers on everything, clean, rotate, etc. We all seem to know our place. I never refused to fill the bar coolers. I explained that I was busy, when she pushed the subject, I asked her who's job it was. I wasn't rude, or sarcastic, just a simple inquisitive question. I already knew the answer, but I just wanted her to tell me that it wasn't my responsibility.

I didn't sign the Corrective Action Notice, because she is a supervisor, who doesn't have the authority to dismiss an employee, unless it's justified (i.e. Theft, destruction of property, drinking at work, etc.). I explained to her that if she had wrote what happened correctly, I would acknowledge, and sign it. When she said she wasn't going to change it, I told her that I would discuss it with a manager at the next given opportunity.

I hope this kind of clarifies a few things.

JaSmith.

First off, when someone of authority asks you to do a job, it IS your job, at that time, so asking who's job it is, was rude to say the least. If there is a supervisor for the company that you work for that obviously has permission to write you up, or see that you sign the write up, she IS authorized, and by your attitude, I would be very very shocked if you were not terminated for not being a team member. I myself would have fired you for refusing to do as I asked, the moment I asked you to. You could have said "sure I will help, please give me a moment to finish this task". You refuse to help, you argue when asked to do so, you refuse to sign a form because it is not, in your opinion, the right person to make you do so. Yup, you are lucky to still be employed in my eyes. Good luck to you, I think you will need it!

When a supervisor asks you to do a job, at that moment it is your responsibility. Trying to get her to admit that it was not your responsibility was a very good way to get fired.

Refusing to sign a Corrective Action Notice is also a very good way to get fired. Signing does not mean you agree with the contents; it means you have been advised what was in it.

If you had been TRYING to get fired, you couldn't have done a better job. So yes, if I were you, I would indeed be worried about my job.