Moe's Southwest Grill — lied to, then fired because of favoritism
First of all, I was terminated by Morissey Management a few weeks ago, right before my three month raise. This should give you an idea of how long I worked here. I enjoyed this job more than any other job I have held, and I had completely committed myself to staying with this company for a minimum of a year. I worked hard, I did EVERYTHING I was asked as soon as possible and I strived to do my best.
I enjoyed the company of my managers as well as all of the employees.
As far as I was concerned, there were no complaints against me, I had only one written warning (my register was approx. 3.00 over/under) and my work was adequate. Consequently, these were not the views of the Co-Owner Tim Morrisey's girlfriend and assistant manager, "Carol" (last name unknown).
On September 27th, approximately 2:30 pm, my shift at noon was supposed to end (worked with Manager Carol). The incoming manager, Kira Herbst had asked me if I could stay to work the evening shift, for a young man had quit earlier that day. I agreed as Ms. Herbst had told me to go on break. She was now the manager on duty.
After clocking out, I had asked Ms. Herbst if I would make a few phone calls in the back of the dining room, so I could reschedule my day. Ms. Herbst said "yes" and was fully aware of what I was doing and where I was.
I made two calls: one to my boyfriend to ask if I could work that evening, and one to my Aunt, whom I had prior plans with for that day.
I was on the phone for a majority of fifteen minutes at the maximum.
When returning to the front of the store, I was immediately yelled at by "Carol", who said "WHO WERE YOU ON THE PHONE WITH?"
I tried to explain to her as quickly as possible why I needed to use the phone, however I was cut off by her yelling "Do you know that it is company policy that if you use the phone without asking ME, you can be fired?" All I could do was shrug. I was startled. Ms. Herbst attempted to tell her that I had permission from her to use the company phone.
She then quickly stormed away, and I left the store.
At this point, I would like to state that "Carol" was the only "employee/manager" who seemed the have a problem with me. I was always respectful and did everything that was asked of me from her. She, nor any other manager had ever given me a warning about using the phone. In fact, most of the employees used the phone at their own will.
I was assured by the manager Kira Herbst, that nothing should happen to me because
- I had permission from a manager
- My reasoning for using the phone was entirely for the sake of working for the company
I worked that entire evening without thinking about the earlier events.
I returned the next day around four thirty to work my 5:00-9:00 shift. I was expecting Ms. Herbst as the manager on duty, however I was greeted by the General Manager Jaci Beaston.
I was asked how I was, then told to not clock in. She took me aside and said "Yesterday, I had tried to call for thirty minutes and no one answered."
Of course, I told her that I had not been on the phone for thirty minutes. She then said "Well I tried to call and no one answered". She refused to look at me while she said this.
I was then told that what I had done wrong was in the handbook and that was that.
I told her everything; exactly how things happened the day before. Mrs. Beaston then stated, and I quote: "Well Tim does not see it that way."
She then said that I was "Terminated". There was nothing I felt I could do then, so I said "Okay", and turned to leave.
Hopefully you can also see the things wrong with this. There are a few obvious ones, such as that I had the permission I needed so I was not breaking the rules, and I had no warnings about the issue.
I spoke to Ms. Herbst about a week later and found that she had not been contacted about my termination when the verdict had been made. When told that the General Manager tried calling, Ms. Herbst checked the phone history, and found that Mrs. Beaston had NEVER CALLED. Yet there were two calls from customers who had left messages.
I was lied to.
As for the handbook, I immediately went home and searched the handbook that had been given to me, to see where I had breached its "law". All I found was a line that read "...company phone is for emergencies only." But, was I not using the phone so I could work for the company?
If it was true that I could be fired on the spot for using the company phone and not telling "carol", I had yet to see the evidence.
I then realized, that my handbook's cover read:
I was never given the new, revised handbook of "January 2009", nor have I ever seen it.
I was never aware of this policy. I never signed in agreement to it.
The ONLY Delaware law that supports this says "It is illegal for a company to not follow it's own policies."
Also, I believe that I would have never been fired if the Co-Owner's Girlfriend, "Carol" had not been the one to complain. It seems to me that "she gets what she wants". And oh, how wrong this is. There shouldn't even be a relationship like this one in a company.
Here are the facts in a Nutshell"
1. I had the permission to use the phone
2. I was lied to by the General Manager, and there is proof
3. I had never agreed to the policy, because I was never given the correct handbook to sign
4. The relationship status between the Co-Owner and Assistant Manager is UNETHICAL
If I could, I would warn everyone about working for this Franchise in Delaware. This should have never happened to me.
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