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Not signing a write up Florida

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  • Not signing a write up Florida

    hi,
    i'm brand new to this forum. i currently work in a very busy restaurant as a server. 2 nights ago my table walked out on a $100+ tab without paying. as a result of this my manager has tried to write me up. i left without signing this write up as i do not feel it is my fault the customers decided to leave without paying their check. i believe they came into the restaurant with every intention to do this because they were provided excellent service and had no reason to walkout. the people were really nice and happy with their experience. i am in turn being punished for their actions.
    is it legal or proper for me to be written up for this event?
    if i dont sign the write up can i legally be suspended or terminated?
    does is depend on state or company policy as to wether this is allowed?

    thanks in advance, i'm still learning my rights.
    Last edited by slickster; 07-26-2007, 08:51 AM.

  • #2
    Originally posted by slickster View Post
    is it legal or proper for me to be written up for this event?
    Legal. I won't second guess whether or not it is proper. I have not worked in a restaurant since I was a teenager, which was almost before food was invented. I would think that an employer has a right to expect the staff to try to prevent theft of goods and services. I just don't know what all the circumstances were and whether or not I would write you up.

    Originally posted by slickster View Post
    if i dont sign the write up can i legally be suspended or terminated?
    Yes, you can. Moreover, if you refuse to sign and get fired as a result, the company could characterize that as insubordination and that could lead the state to disqualify you from getting unemployment benefits.

    Originally posted by slickster View Post
    does is depend on state or company policy as to wether this is allowed?
    No state laws will dictate when, where, how or why a company may write up an employee. Company policies might, but they don't always have to follow their own policies to the letter.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      In all 50 states, you can be suspended or fired for refusing to sign the write up. Signing it does not mean you agree that you did something wrong; it means that you have been advised of management's view on the matter.

      Whether is was "proper" or not to write you up is something we can't determine on the forums since we weren't there. It was, however, legal - the law does not tell employers what they can and cannot write up employees for.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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