Docking Salary

Discussion in 'Professional Chefs' started by ChefCJ, Sep 12, 2017.

  1. ChefCJ

    ChefCJ

    Messages:
    1
    Likes Received:
    0
    Exp:
    Recent Graduate
    I'm a recent graduate and have taken my first salary position with a small independent. I work 5 days per week anywhere from 45 to 60 hours with a salary of $42,000. Recently I had to take 2 additional days off due to my child being sick. Also, I requested an additional day off for my anniversary. Can my employer dock my pay? I thought salary meant you were paid no matter what! I don't complain on the weeks where I have to pull a double!
     
  2. dectra

    dectra

    Messages:
    48
    Likes Received:
    15
    Exp:
    Home Cook
    If you're new, you may have not accrued any vacation or sick leave. Where I'm at, you've got to work for 90 days to bank any leave. I'd ask them to clarify the sick / vacation set up.
     
  3. pete

    pete Moderator Staff Member

    Messages:
    4,784
    Likes Received:
    732
    Exp:
    Professional Chef
    If you have not been there long enough to accrue any vacation time or PTO time then yes, your employer does have the right to dock you for extra days that you take off. And yes, sometimes salary can really suck, because, yes you don't get paid more if you work 80+ hours, and usually you are always expected to put in, at least 40-50 hours.
     
  4. chefbillyb

    chefbillyb

    Messages:
    1,905
    Likes Received:
    247
    Exp:
    Professional Chef
    I know this isn't going to sound right in some peoples minds. When I hire upper level employees I always tell them one thing " Don't make your problems, my problems". In your case "you can't have your cake and eat it too". The two days you took off because of your child's illness is something you had to do. The anniversary celebration could have been done on your day off. A new employee needs to realize the employer isn't there for their convenience. This is a business and a business doesn't yield. Talk to upper management on your probation period and why you were docked for the days you took off. In the future, think about working an extra day if you need to take off a scheduled day. This is all about what you can do for the business, not what the business can do for you...........ChefBillyB
     
  5. cronker

    cronker

    Messages:
    143
    Likes Received:
    37
    Exp:
    Restaurant Manager
    ^ This
    In your situation I would just quietly accept it. Keep in mind that you are a newer employee, and taking days off for personal reasons so soon into your employment might ring some bells with management. Sure, you can't help that your kids were sick, but I've been in the game for twenty plus years- never had my birthday, Christmas, New Years or anniversary off. Valentines Day? Mothers Day? Forget it.
    Yes, you do some long hours constantly, but after a few years of this, you'll build up some goodwill and perhaps be able to scoot off early now and then. Until you prove yourself, it's hard yards.
     
  6. someday

    someday

    Messages:
    1,234
    Likes Received:
    128
    Exp:
    Professional Chef
    I mean, I kind of think that is bullshit to be honest. If he gets called in on his day off to cover is he going to get paid extra for his time? I'd bet a lot of money that would never happen. Is he going to get an extra day off to make up for his extra day of work? Again, I doubt it.

    Stuff like that is one of the main reasons why the industry has so many problems. I wish I lived in a time when employers taking care of their employee's was a thing. Not anymore.
     
  7. foodpump

    foodpump

    Messages:
    4,697
    Likes Received:
    284
    Exp:
    Professional Pastry Chef
    Uh... what time period was that when "employers taking care if their employees was a thing?"

    In my 35 years in this biz I haven't seen it.

    Switzerland only started a 5 day week for hospitality workers in the early 8o's, I witnessed that change personally. One of the reasons I left Singapore in the 90's was their effin 6 day week for hospitality workers. And I've watched the (delated) hospitality unions here in N.America ever since I came back in the 90's treat their members worse than dogggie-doo on your shoe. And don't even think about working on a cruise ship if you want go be treated fairly.

    No such thing as "the good ol' days"....
     
    cronker likes this.
  8. dectra

    dectra

    Messages:
    48
    Likes Received:
    15
    Exp:
    Home Cook

    Yes, on one level it may be bullshit. But it is also a JOB.

    It's not a mystical commune where everything is equal between an employer (who bears huge risk) and an employee (who can walk out at any time). That same "being called in on your day off" is the chance to separate yourself from the others in the kitchen, to show YOU step up when needed. That YOU can be counted on. Immediate gratification? No, but it is how you show you've got more to offer than those who come in on their 'day off' and whine about it.

    And for what it's worth, I'm in 3 hours early as we speak to set up for a last minute breakfast that's not part of my shift, simply because my boss knows it will be done the way she wants it...and not in some half assed manner by the guy who SHOULD be here.
     
    cronker and flipflopgirl like this.
  9. flipflopgirl

    flipflopgirl

    Messages:
    4,183
    Likes Received:
    261
    Exp:
    Retired Hospitality
    These are questions that you should ask during the hiring process.
    Ask where the SOP manual is located...it reflects the business model and should have been put together at the same time the company was being birthed...you may have signed an abbreviated copy with all the other %#@&* paperwork when hired.
    If they don't have one ask if they need help putting one together.
    That (along with the advice given above) should rack up a few brownie points.

    mimi
     
  10. cronker

    cronker

    Messages:
    143
    Likes Received:
    37
    Exp:
    Restaurant Manager
    ^ This
    In my first job, in an international high end chain, I skipped over my boss and became her boss.
    Why? Because I was hungry, and she was jaded. I questioned everything, mostly internally, but sometimes to her face, and her response was "because we've always done it that way"
    I would always be available to cover ANY shift f needed- I'm not a chef, by any stretch, but standing beside chefs helping out when a flake called in with a hangover taught me how to really cook.
     
  11. cronker

    cronker

    Messages:
    143
    Likes Received:
    37
    Exp:
    Restaurant Manager
    Best wishes to you- I hate breakfast
     
    phaedrus and dectra like this.
  12. pete

    pete Moderator Staff Member

    Messages:
    4,784
    Likes Received:
    732
    Exp:
    Professional Chef
    What he is describing is not an issue related to the foodservice industry. This tends to be SOP in most every job. If you haven't racked up the time, you are docked for missing days. Pretty standard in most jobs.
     
  13. someday

    someday

    Messages:
    1,234
    Likes Received:
    128
    Exp:
    Professional Chef
    Sure there was. There was a time in the US that companies paid workers more fairly, had things like health insurance, retirement, pensions, etc. That stuff doesn't exist much anymore. I wish it still did.

    I dunno why you capitalized "JOB" like somehow everyone reading this thread doesn't know what we are talking about. A JOB is a two way street...take care of me and I'll take care of you. If I have something come up last minute and need to miss work, I would hope my employer would understand and not dock my pay, especially if they know that when THEY need something, I'll be there to help out. As much as a worker has to show that they are worthy of being employed, a company should show they are worthy of employing me.

    Of course showing up on days off, working when called, rising above, etc is all well and good and expected. Most cooks and chefs worth anything do and have done that. What is your point? My point was about compensation, not about attitude or ability. Nobody is "whining" about anything. I was using it as an example of an employer docking pay for missed days and (most likely) not compensating for working extra days. Like, if I have a 5 day work week and I get called in on one of my days off, I don't get extra money for that shift, do I?

    I don't see what you working breakfast has to do with the conversation...unless you aren't being paid for it (which I hope you are).

    I don't understand why this thread is jumping into talking about working extra. Again, I only brought it up in terms of compensation, not in terms of ability or desire. What you and dectra are talking about here has nothing to do with docking pay.

    Anyways, yeah, sucky situation for the OP. I would do as suggested above and learn the policy going forward. Then you'll have to decide if this business is worth your time.
     
  14. panini

    panini

    Messages:
    5,199
    Likes Received:
    174
    Exp:
    Owner/Operator
    twenty bucks an hour for a recent grad isn't bad. It's a crap shoot whenever you hire someone.
    I'm fortunate, haven't posted a schedule in 18 years. Be here when you need to be. easy.
    With new hires you have to communicate. Not sure why they didn't. If we have a new hire, experienced or not, my managers know to react to anything outside our box immediately. Have a negative event, let it slide, that event now becomes law for all.
    "well he did" "she did" etc. Personally, if you're a newbie, I might hang back to see if you address the situation. I'm curious why you posted here instead of asking the person who docked you. If your young, and plan to stay in the heat, rid yourself of expectation, speculation,complacency, and greed soon.
     
    chefbuba likes this.
  15. dectra

    dectra

    Messages:
    48
    Likes Received:
    15
    Exp:
    Home Cook
    I put it in caps for the following reason: too many folks I work with think that 'showing up' is enough. It's not. Not in a Kitchen or anywhere else.

    I take my job seriously, with the knowledge my boss can find someone else to do it if I treat it as some sort of privilege to work here. Yes, *most* cooks who are worth their salt would do so...but you and I know there are ones in Every Single Kitchen that will find an excuse to do as little as possible, while hiding behind those who work just that 'little bit' harder. The reference to extra work this morning, white not a specific reffrence to 'docking pay' for a new employee, was an example of trying to step up as an employee, showing I can be counted on to take on that extra work, so that when I need that day off, it's not seen as an example of not pulling my weight.
     
  16. someday

    someday

    Messages:
    1,234
    Likes Received:
    128
    Exp:
    Professional Chef
    I understand all that...what does that have to do with the OP getting their pay docked at work? We all know that stepping up and doing extra work is one of the things that makes for a good cook and a good chef. In fact, if someone is one of the cooks and chefs who does step up, work extra, do all the right things, does it not stand to reason that they SHOULDN'T have their pay docked?

    I know, in my current situation, that if my employer docked my salary for missing a day of work for circumstances, I'd be annoyed, knowing how much work I've put in over the last few years. I'm lucky that I have great bosses to work for (and don't have to worry about that), but not everyone has that.
     
    phaedrus likes this.
  17. cronker

    cronker

    Messages:
    143
    Likes Received:
    37
    Exp:
    Restaurant Manager
    But this comes back to exactly what I was saying.
    If you have put in the hard yards for the last few years, I'm certainly going to cut you some slack and would have absolutely no concern giving you days off for family or personal reasons.
    In this case, the OP is a new hire who has not yet racked up leave entitlements. It would at least cross my mind that any time he wants a day off, the "kids are sick" situation is going to be the go-to reason. I know in my business, there would be a level of resentment from the chefs who don't have kids if I let it slide on more than a very few occasions.
     
    foodpump likes this.
  18. Jayvader

    Jayvader

    Messages:
    8
    Likes Received:
    3
    Exp:
    CIA Sept '99
    https://www.dol.gov/whd/overtime/fs17g_salary.pdf

    Circumstances in Which the Employer May Make Deductions from Pay

    Deductions from pay are permissible when an exempt employee: is absent from work for one or more full days
    for personal reasons other than sickness or disability; for absences of one or more full days due to sickness or
    disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing
    compensation for salary lost due to illness; to offset amounts employees receive as jury or witness fees, or for
    military pay; for penalties imposed in good faith for infractions of safety rules of major significance; or for
    unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule
    infractions. Also, an employer is not required to pay the full salary in the initial or terminal week of
    employment, or for weeks in which an exempt employee takes unpaid leave under the Family and Medical
    Leave Act.