October 2015 Moms

Work issues- What would you do?

I've been working for the same restaurant for 5 years. It's family owned, and as we have less than 50 employees, there is no HR to talk to. My boss (owner's son) has been telling me to leave early when I'm scheduled 6-1:30. There are usually a few customers and I miss out on a couple tips. I'm not too concerned about missing out on the hourly, as I make $5 per hour.

The reason he tells me to go? So he can allow people to smoke inside without feeling bad. It's illegal in our county. I want to bring it up to the owner, but he has personal objections to the non-smoking laws and doesn't care if they are followed.

DH tells me I need to fight them on this issue, mostly on the principle that what they are doing is illegal. I'm scared of getting fired over it. It's not fair to ask me to leave every night or miss out on making a little more cash, but I don't want to rock the boat with only 8 weeks to go before I leave. What would you do?

Re: Work issues- What would you do?

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  • Anonymous tip to the health department? I'm sorry you're in this predicament!

    This is the only thing I could think of.
  • kindlycrystalkindlycrystal member
    edited July 2015
    I'm so sorry that you are in this position! I agree with the anonymous tip if you are worried about your job. Or you could bring it up as a concern for future legal action. There are people who are highly allergic (like myself) or have bad reactions to cigarette smoke, not to mention potential customers who may be pregnant. If it is illegal in your county, then the restaurant would have no protection. If nothing else, the smoking indoors might drive away potential customers. Just a thought. 
  • I'd quit! and find a better job!
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  • Rikki_5 said:
    I'd quit! and find a better job!
    That doesn't seem like a great idea right before going on maternity leave, as she would likely not get leave at a new job and might have a hard time finding something while so obviously pregnant. Not to mention finding work is not always easy even when not pregnant.

    OP sorry I don't have any new suggestions (anonymous tip is all I can think of as well), but this doesn't seem right. However, if I were in your position I probably would not approach the owner directly for the same reasons you have not. Maybe after the baby comes you can start looking for a new job if it doesn't get better? Hope you can figure something out!
  • I think you gals have the only plausible solution- an anonymous tip. Good news is that I'm not going back after LO arrives, since they treat their employees badly (and a lot of other reasons).
    I would love to get a new job, but I don't think it would be possible at 29w. Maybe next year :)
  • We had smoking banned in my hometown a few years ago.  We had one establishment that wouldn't go with it.  Let's just say they aren't open anymore.  I would be surprised if your board of health hadn't heard that they're still smoking there?  I would report.
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  • I agree with the anonymous tip, but in the meantime...What if you kind of play dumb about why he wants you to leave? When he tells you your cut, tell him you really wanted to stay and pick up that last table. Then walk away and keep the table. Will he still let them smoke if you're there?
  • Ditto the anonymous tip. Or recruit a friend to call in a complaint to the health department. 
  • @morganabyrd
    He will close out my drawer and tell me to clock out. Once he removes the cash drawer, i can't ring in anything (I bartend and its the last thing we do before close) and is not hiding why he wants me to go home. He used to let people smoke even if I was still working until my husband asked him to stop it.
  • @cgummie this makes me so angry!! I'm sure you aren't the only one who is annoyed/bothered by the smoke. It always surprises me these days when we are in a place that still allows smoking. But to work for someone who ignores the law entirely. So frustrating!!
  • Wow. I'm glad I live in Minnesota. You can't smoke in restaurants here or bars for that matter. We have a freedom to breathe in bars and restaurants law here. Only place I have to worry about being exposed to 2nd hand smoke is the outdoors, and casinos. Which is why even though I really want casino buffet I don't want to expose LO to it. I would definitely do as the others say, anonymous tip to health department. For all they know a customer complained to the health department about the smoke. If they don't do anything about it, at least you tried, and find a new job when you go back to work after Lo is here. Good luck!
  • Next time he does it tell him that you'd like to stay to not miss out on the tips. If he blatantly tells you people want to smoke, tell him very politely that it's unfair for you to make less money so that people can smoke.

    He may just be doing it because he can get away with it and politely pointing out the unfairness could get him to stop. If not, go home, document it and think about what you want to do next.
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