Employer legalities Question

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I use to be a general manager for a well known national fast casual restaurant. The store that I managed is closing down for ten days to remodel. I still know quite a bit of people that work there and they recently had a meeting about what would be happening such as working at other stores, having the option to take those ten days as a vacation. There is only one salaried manager in the store and everyone else is hourly without benefits. My brother in law is district manager and he told me about this remodel two months prior.


Found out today from ex co-workers that no hourly people were able to get temporarily transferred to other stores for work. Is this legal? Is the company obligated to give compensation? They knew they were going to close the store two months ahead of time and didn't bother finding work for people. I would hate to be in this situation.
 
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Yes you aren't guaranteed any hours.

Check though to see if you can collect unemployment because there "isn't any work".
 
Originally Posted By: bradepb
Around here thats called a layoff and you would collect unemployment. Dosn't Florida have unemployment insurance?

I know here in ohio, from the time you apply, to the time you can get your first benefit payout is a min. 2weeks...

by which time the store in question would be back open.(only closed for ten days)
 
Legality and fairness are not the same thing...

Pretty sure it's legal, it may not be ethical treatment of your people, but it's probably legal.

One of the many examples of management vs. leadership...
 
I have to ask why any one would think their employer OWES the employees finding them a job in another store?

The employees had the same two weeks heads up, knowing the store will be closed for a while. So why is it expected the employer find them work?

I guess I will never understand the mindset where folks think it's the responsibility of another to find them work?

Unemployment may be an option. I don't know how or if that will apply due to the time the restaurant will be closed and/or how many are part time vs full time employees.

It doesn't hurt to ask/apply.
 
The employees are employed and in good standing. If there is no work for them because of an empolyer choice they are entitled to unemployment. They should visit the local branch of the government office which administers the program in Florida. Or, perish the thought, contact a lawyer.
 
The workers can pool together and open their own restaurant if they feel their current employer is "unfair".
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The employer is putting their own money into UPGRADING the restaurant so it can remain competitive and provide employment for a longer time. Plus heaven forbid make more $$ for its current employees in increased business. Or staying open....

And people wonder why others open and run businesses when we have such an employee base who feels they are "owned". The place gave them TWO MONTHS notice that they will not have work for them for only 2 weeks. Planning must be a bad thing. They could have said nothing and told them the day before.

Plus all those hours for others who are performing the upgrades. How dare them put those employees "out of work" for ten days.

Wow... I'd think the employees should be thankful they have a job minus TEN days.

There are millions who would LOVE to be in their shoes.
 
Originally Posted By: Bill in Utah
The workers can pool together and open their own restaurant if they feel their current employer is "unfair".
33.gif


The employer is putting their own money into UPGRADING the restaurant so it can remain competitive and provide employment for a longer time. Plus heaven forbid make more $$ for its current employees in increased business. Or staying open....

And people wonder why others open and run businesses when we have such an employee base who feels they are "owned". The place gave them TWO MONTHS notice that they will not have work for them for only 2 weeks. Planning must be a bad thing. They could have said nothing and told them the day before.

Plus all those hours for others who are performing the upgrades. How dare them put those employees "out of work" for ten days.

Wow... I'd think the employees should be thankful they have a job minus TEN days.

There are millions who would LOVE to be in their shoes.




Agreed. The employer does not owe them work, and two months advance notice for a two week shutdown seems plenty fair.

I know pay in the food service industry tends to be very low and some of these people may be living on a shoestring, but if they can't make it through two weeks of no work, they really need to reevaluate either their profession, lifestyle, or both. They can pick up odd jobs/gigs, tighten up for a couple weeks, and if it gets really bad, pawn something. There is no shame in buying staple foods/household items from Dollar Tree, or posting a services ad for a relevant skill on Craigslist (house cleaning, baby sitting, etc.), or even going to a temp agency. There are some temp agencies that will put you in some warehouse wrapping pallets or something for $8/hour in 1-2 days.

There are people who haven't had a steady, reliable job for months or years. Two weeks is nothing.

Nobody is giving a handout to the restaurant for being unable to generate income during those two weeks.
 
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If an employer "hires " you there's an understanding that he has work for you. If they decide to interrupt the steady work for you, and you pay into unemployment, you should be able to collect for the time it takes to reopen. That's not a hand out if you pay into unemployment. That's the whole purpose of it. It just like getting laid off, then getting called back to work.,,
 
Originally Posted By: BrownBox88
I use to be a general manager for a well known national fast casual restaurant.


You were a 'general manager' and you don't know this?

Hmm..
 
Originally Posted By: 01rangerxl
Originally Posted By: Bill in Utah
The workers can pool together and open their own restaurant if they feel their current employer is "unfair".
33.gif


The employer is putting their own money into UPGRADING the restaurant so it can remain competitive and provide employment for a longer time. Plus heaven forbid make more $$ for its current employees in increased business. Or staying open....

And people wonder why others open and run businesses when we have such an employee base who feels they are "owned". The place gave them TWO MONTHS notice that they will not have work for them for only 2 weeks. Planning must be a bad thing. They could have said nothing and told them the day before.

Plus all those hours for others who are performing the upgrades. How dare them put those employees "out of work" for ten days.

Wow... I'd think the employees should be thankful they have a job minus TEN days.

There are millions who would LOVE to be in their shoes.




Agreed. The employer does not owe them work, and two months advance notice for a two week shutdown seems plenty fair.

I know pay in the food service industry tends to be very low and some of these people may be living on a shoestring, but if they can't make it through two weeks of no work, they really need to reevaluate either their profession, lifestyle, or both. They can pick up odd jobs/gigs, tighten up for a couple weeks, and if it gets really bad, pawn something. There is no shame in buying staple foods/household items from Dollar Tree, or posting a services ad for a relevant skill on Craigslist (house cleaning, baby sitting, etc.), or even going to a temp agency. There are some temp agencies that will put you in some warehouse wrapping pallets or something for $8/hour in 1-2 days.

There are people who haven't had a steady, reliable job for months or years. Two weeks is nothing.

Nobody is giving a handout to the restaurant for being unable to generate income during those two weeks.

You didn't read corectly, the employees only had TW WEEKS notice. If the employees decided to blow off the employer for a week to go surfing it would be their loss, but they were ready to work that week, had not obtained other employment, and can't be expected to remain on "standby" for free. Unemployment insurance is paid for in part BY the employee via a paycheck deduction. I know people in the construction industry who take off for Florida when the construction companies shut down for the winter and collect because there is "no work". Is this any different?
 
Originally Posted By: HerrStig
Originally Posted By: 01rangerxl
Originally Posted By: Bill in Utah
The workers can pool together and open their own restaurant if they feel their current employer is "unfair".
33.gif


The employer is putting their own money into UPGRADING the restaurant so it can remain competitive and provide employment for a longer time. Plus heaven forbid make more $$ for its current employees in increased business. Or staying open....

And people wonder why others open and run businesses when we have such an employee base who feels they are "owned". The place gave them TWO MONTHS notice that they will not have work for them for only 2 weeks. Planning must be a bad thing. They could have said nothing and told them the day before.

Plus all those hours for others who are performing the upgrades. How dare them put those employees "out of work" for ten days.

Wow... I'd think the employees should be thankful they have a job minus TEN days.

There are millions who would LOVE to be in their shoes.




Agreed. The employer does not owe them work, and two months advance notice for a two week shutdown seems plenty fair.

I know pay in the food service industry tends to be very low and some of these people may be living on a shoestring, but if they can't make it through two weeks of no work, they really need to reevaluate either their profession, lifestyle, or both. They can pick up odd jobs/gigs, tighten up for a couple weeks, and if it gets really bad, pawn something. There is no shame in buying staple foods/household items from Dollar Tree, or posting a services ad for a relevant skill on Craigslist (house cleaning, baby sitting, etc.), or even going to a temp agency. There are some temp agencies that will put you in some warehouse wrapping pallets or something for $8/hour in 1-2 days.

There are people who haven't had a steady, reliable job for months or years. Two weeks is nothing.

Nobody is giving a handout to the restaurant for being unable to generate income during those two weeks.

You didn't read corectly, the employees only had TW WEEKS notice. If the employees decided to blow off the employer for a week to go surfing it would be their loss, but they were ready to work that week, had not obtained other employment, and can't be expected to remain on "standby" for free. Unemployment insurance is paid for in part BY the employee via a paycheck deduction. I know people in the construction industry who take off for Florida when the construction companies shut down for the winter and collect because there is "no work". Is this any different?


The OP said that it was known for two months in advance twice, it is two weeks that they will be out of work.

Originally Posted By: BrownBox88
My brother in law is district manager and he told me about this remodel two months prior.
...
They knew they were going to close the store two months ahead of time and didn't bother finding work for people.


Yes, technically they are probably eligible for unemployment depending on their state's regulations. However, the unemployment application process often takes over a week anyway, so by the time they get a small unemployment check (half a regular paycheck if that), they are back to work. In addition, as a condition of collecting unemployment, some states require that you show proof that you are actively seeking work. Being out of work for two weeks and knowing you have a regular job to go back to is hardly the same situation as someone who may be out of work for months without a certain date to start back. They will live.
 
Perhaps the employess should of put some money away for a raimy day.

The length of notice does not matter. It doen't matter if they were willing to work or not. There is none.

And anyone who has a job to go back to should be very thankfull that they have one to go back to.

I think it was Altmans in Willow Grove Mall back in the late 1980s. All the employess showed up to work and found locked doors and signs saying they were closed for good. No notice at all.
 
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We get laid off a few times a year for a week or so, place just shuts down when no work.
As long as we have a back to work date with the employer you dont even have to seek other employment and you collect for the week you were off, no waiting period.
 
A few replies in this thread kind of bother me. If you're an hourly worker at a place like this, chances are you can't afford to put extra money away since you're probably living paycheck to paycheck. I've worked in retail for some time now, and I know, and have known far too many people who live that way. They simply don't make enough money, and get enough hours to have extra money on the side.
 
If you're an hourly worker at a place like this, you need to prepare for the realities of the working world and not just expect a company to guarantee you an income regardless of what changes the company makes. They should be happy to have a job to go back to!

I've worked low pay hourly jobs. Yes, being poor sucks, but you still need to put some money away for situations like this. What would they do if the chain had to downsize, got rid of the restaurant, and had no alternative jobs to offer?

Sorry, I just can't pity them too much when it's only two weeks and they are going back to a job at a nice, new remodeled restaurant.
 
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