Fired for choosing not to allow employer to deduct my pay?

by **montgomery69** » Fri Apr 08, 2011 8:39 am

I am 'fortunate' enough to work at a Subway. My manager recently has taken three customers complaints upon herself to fix. There were allegedly three subs where the customers complained about me and two other employees because of hard bread and our supposed screwing around with our friends while working instead of paying attention to the customers.

The manager went ahead and paid them back, supposedly from her own pocket, and offered them an apology letter. And as a form or punishment wants me and the other two employees to pay back only $5.25 each to her. Be that a small amount, I know she is extorting the situation. Frankly the allegations are crap and we were extremely misrepresented, not even a chance to defend ourself, otherwise I would have just gone ahead and done it to keep the job. But she says either we pay her or we are fired.

I know due to Wisconsin labor law 103.455 I am protected from having to pay her without my written consent. But what kind of grounds do I have for myself outside of unemployment via wrongful termination?

by **wethrby** » Fri Apr 08, 2011 8:48 am

Subway is a national chain. They have HR offices and people to call with concerns about things like this. I would find out where you need to call for your district or whatever and give them a call. Legally your choices are to pay her back or get terminated, but I have a sneaking suspicion that Subway will not approve of what she's doing. If you want to keep your job in the short term, pay her back the money and also send her a letter explaining that you do not agree with her fine, and send a copy of this letter to the corporate HR office.

by **treasigh** » Fri Apr 08, 2011 8:59 am

You have no grounds. Sorry. Aside from sexual harassment or race, any boss can fire you for anything he or she wants. Take this as a lesson that if you work for someone else, you have to do what they want you to do within reason. If you want to fool around and not be professionl, then work for yourself. I have worked for myself for 23 years.I have been fired from just about every job I have had before that. I know this about myself. Not everyone can work for someone else.

by **jabin20** » Fri Apr 08, 2011 9:03 am

You have no grounds. Sorry. Aside from sexual harassment or race, any boss can fire you for anything he or she wants. Take this as a lesson that if you work for someone else, you have to do what they want you to do within reason. If you want to fool around and not be professionl, then work for yourself. I have worked for myself for 23 years.I have been fired from just about every job I have had before that. I know this about myself. Not everyone can work for someone else.

It's not worth fighting over a lousy five bucks and change. If you want to keep the job, pay her. If you don't care about the job, tell her to eat it and quit.

by **garret** » Fri Apr 08, 2011 9:15 am

She can't deduct the money from your pay. But she can legally fire you.

by **tonibraxton** » Fri Apr 08, 2011 9:25 am

wow, that resturaunt is f'd

by **hwistlere31** » Fri Apr 08, 2011 9:34 am

Wisconsin law only states that the company must have written consent - it doesn't state that you have to write it. They can provide you with the letter ready to be signed. You probably have 2 choices:

Sign it and take the wage deduction
Don't' sign it and be fired.

The problem here is this: The manager did some kind of discovery to come to a conclusion that there was some kind of "willful misconduct" by her employees. Because there was willful misconduct, and you haven't represented your case to her about what really happened, this is probably legal.

What might consider doing if you want to do something other than sign and pay:

1. Represent your case and provide proof that you have been wrongly accused
2. Sign the document and refute the charges by making a written statement on the letter: "I do not agree with this action and admit no wrongdoing."
3. Don't sign the document and get fired. Make a written statement on the document that it doesn't represent the truthful story, and go file for unemployment.

by **cadby** » Fri Apr 08, 2011 9:37 am

Absent an individual employment contract or a collective bargaining agreement, employment in Wisconsin is at-will, and a Wisconsin employee may resign or be terminated at any time for any reason. At-will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargaining group (i.e., has not recognized a union). Under this legal doctrine:
“any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work. You will not win a case of wrongful termination. If you want to keep your job pay back the money. Otherwise prepare to join the unemployment line and do not expect to receive benefits.

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