WWYD - Employer/Employee situation

[Disneylanding]

Sounds to me like a case of 'teenage-I-think-I-have-authority". Give a 'kid (yeah I know she is 21, but I think that's still 'young' but definitly old enough to know better) a set of keys and a younger co-worker and she is on top of the world.
If I do say so myself, I believe you have some mighty awsome neighbors for informing you of her actions.
She is definitely going to do this again. She probably will go so low as to have the very influential 14 year old cover for her...she'll steal from you again.
Just like everyone else says... fire her. Her actions (stealing, lying, and stealing and lying) are definitely not good for your buisness.
Good Luck!

 

[NHdisneylover]

In a 10 hour day how long do your employees get for breaks and lunch? Aren't either paid? If they are paid, I don't really understand why they need to be noted on a time sheet at all.

It seems reasonable that if you have only one employee in the store that it has to be closed for a couple of brief periods of time so that employee can have a proper break. Most places I have worked, I get paid for my breaks. I do not have to record them on a time sheet so I am docked for that time. And although your employees are allowed to eat there, being 'on call' is not a real break. That is just downtime at a job. Some jobs have them, some don't. But that isn't a "break".

Yes, she lied, but it bothers me to think of this girl left alone all that time without a break of any kind. And it floors me that it doesn't go against some labor laws in your state.

I have had a few jobs where we got no official break. Working in daycare I often went 8 hours with no "break." We ate with the kids and called the director over to the room when we needed to use the toilet so that our numbers were always right. Being able to both eat and go to the bathroom during the day this did not bother me at all.

I also worked at a small town library with no breaks. I used to do 10 hour shifts. We could always duck into the bathroom if we needed to and we could eat when we were not on the circulation desk as long as we stopped to speak with patrons or answer the phone if needed. We mostly ate while getting computer work done.

This stuff never bothered me. As long as OP is okay with the shop being essentially unmanned when her employees head into the restroom (and lets them know that--as a young teen I would have held it forever and been miserable rather than leave the open store with no one in front had i not known that was okay) and allows them to eat in the store or out front while working I do not see the issue

Liability. If you leave the store for your break and get in an accident while you are on the clock and under certain circumstances the business can be held liable. Even if the normal operation is not to punch out for breaks the second they left the premises they should have punched out.

At work our hourly employees don't normally have to punch out for breaks but if they are leaving the premises, even if it is to walk across the street for a coffee, they do have to punch out. It just comes down to liability on the part of the business if something happens, our policy came straight from our attorneys.

Yep This is exactly how it was where DH used to work. Policy was to pay for all breaks--but only if workers did not leave the premises. They actually reached a compromise--they still got paid if they left, but only if they left on foot and did not go in any vehicles. This allowed the smokers to walk across the street (no smoking in property), allowed everyone who wanted to walk to a near by deli to pick up food, and simply allowed many to walk for exercise. The lawyers decided the odds of getting hurt were so much lower on foot that this was reasonable.

 

[Spoodleink]

Sounds like someone has no idea what owning a business is all about.

I work a corporate job as well as run my own small business and help with my husband's I also have an MBA. I know about running a business. Granted our businesses are mainly consulting but we do hire independent contractors and do make sure to monitor their work since they represent us. Leaving a 21 year old and a 14 year old to manage a store for that long a period of time is crazy. Having grown up on the Jersey Shore I'm also pretty sure Anna is student from eastern Europe on an exchange for the summer so I would have as a manager made sure she understood what was expected of her and laid firm ground rules for how the store would be run in my absence.

And the OP says she is working 60 to 72 hours a week but her store is only open 63 hours a week if you add an hour for opening and closing that's 77 hours a week. She already said "Anna' is working without supervision 30 of those hours so that brings it down to 47 and I'm sure those are not the only shifts when she is not there. She does not sound like she is putting all that much time in the store. If the store is so slow she should be able to do at least some of the back of the house work from the store. I would guess she is rarely at the store. And as far as the bad shift thing goes all day on a Saturday and the busiest day of the week sounds like a pretty ****ty shift to me.

 

[Jennasis]

I work a corporate job as well as run my own small business and help with my husband's I also have an MBA. I know about running a business. Granted our businesses are mainly consulting but we do hire independent contractors and do make sure to monitor their work since they represent us. Leaving a 21 year old and a 14 year old to manage a store for that long a period of time is crazy. Having grown up on the Jersey Shore I'm also pretty sure Anna is student from eastern Europe on an exchange for the summer so I would have as a manager made sure she understood what was expected of her and laid firm ground rules for how the store would be run in my absence.

And the OP says she is working 60 to 72 hours a week but her store is only open 63 hours a week if you add an hour for opening and closing that's 77 hours a week. She already said "Anna' is working without supervision 30 of those hours so that brings it down to 47 and I'm sure those are not the only shifts when she is not there. She does not sound like she is putting all that much time in the store. If the store is so slow she should be able to do at least some of the back of the house work from the store. I would guess she is rarely at the store. And as far as the bad shift thing goes all day on a Saturday and the busiest day of the week sounds like a pretty ****ty shift to me.

Your assumptions about the OP, the employee and the store are as questionable as my assumption that you don't know about running a small business.

 

[Mimi1965]

I am guessing the OP has another job
My SIL runs a company and owns a store that her DD runs for her-I'm sure its similar to that for the OP.

I still think a 10 hour shift without a break is against State labor laws-when i worked for a chain store they were VERY strict about us taking our beraks-off the clock.

 

[mjkacmom]

I am guessing the OP has another job
My SIL runs a company and owns a store that her DD runs for her-I'm sure its similar to that for the OP.

I still think a 10 hour shift without a break is against State labor laws-when i worked for a chain store they were VERY strict about us taking our beraks-off the clock.

Unfortunately, in NJ, there is no law (although it has been proposed). Honestly, I'd give her another chance. Even though it's not illegal, having someone work a 10 hour shift without a break seems unreasonable, especially if it's not busy (I've had jobs that forced me to find busy-work to keep me busy, and the minutes dragged - I'd rather have too much work). I think she lied because she didn't want to admit she closed the store after getting the text back that she wasn't allowed to do it.

I'd sit down with her, warn her she will be terminated if this happens again, and offer her some small breaks without pay. Considering how hard it is to get a summer shore job, I doubt she will make this mistake again. I think she's young, and probably didn't realize how painful it is to work 10 hours in a shop without a break, especially with 1/2 of the hours alone.

 

[It'sWDW4me]

Unfortunately, in NJ, there is no law (although it has been proposed). Honestly, I'd give her another chance. Even though it's not illegal, having someone work a 10 hour shift without a break seems unreasonable, especially if it's not busy (I've had jobs that forced me to find busy-work to keep me busy, and the minutes dragged - I'd rather have too much work). I think she lied because she didn't want to admit she closed the store after getting the text back that she wasn't allowed to do it.

I'd sit down with her, warn her she will be terminated if this happens again, and offer her some small breaks without pay. Considering how hard it is to get a summer shore job, I doubt she will make this mistake again. I think she's young, and probably didn't realize how painful it is to work 10 hours in a shop without a break, especially with 1/2 of the hours alone.

Here in PA employers are not required to give breaks (paid or unpaid) at all, either. I used to work for a small roofing company whose owner used that to his full advantage!

But I disagree about giving Ana a second chance. She requested the long days and, quite honestly, I'd jump at that opportunity myself to work 3 long days and be off for 4! If she found that the long days were too much for her, it was her responsibility to go to the owner and get her shifts changed. If she is bored after getting all the busy work completely finished, she could always bring a book to read - been there, done that.

As for lying about the bank - she had a window of opportunity once she got the text asking her to not close the store. She could have, upon receiving the text, simply said "Oh, I'm so sorry but I didn't hear back from you for an hour and a half so I assumed it would be ok. I already went to the bank." Still irresponsible and wrong to close the store and, yes, she may still have gotten in trouble but my guess is that it wouldn't have been as much trouble as lying and forging (and then closing the store a second time after finding out she shouldn't have done it the first time!) has now gotten her into.

No, I think this will need to be one of those life lessons that only come the hard way. Hopefully she isn't stupid enough to try to use OP as a reference on her upcoming job search!

 

[tuckerkeys]

I did not read all responses so this may have been said a few times already.

I'd let her go.

I also live in a tourist area. The summer is when you make your money. If she had the balls to do this 2x that you know about I'm sure she has done it before.

There are PLENTY of people out there looking for a good job! Where I am owners are saying there has been an overload of either newly retired people out looking for summer jobs.

Good luck in whatever you decide to do!

 

[Darsa]

We here in Maine are required to have at least a 1/2 hour break if you work over 6 hours. I'm glad for that; I think it's only fair.

I honestly can't imagine being brave enough to take something like closing up the whole store into my own hands... I'd never have done something like that at my CURRENT age, which is almost 20 years older that this girl. Also, I really think that texting the boss about something like that is exceedingly inappropriate; like texting to call out sick, it just shouldn't be done. Even at 21 she should be able to realize that talking to her boss about something like that is very important.

I think that the lying on the timecard thing would be the deal-breaker for me. I'm sorry but, committing a crime like that against your own employer is more than grounds for termination.

I would agree with those who think that 10 hours is too long for one shift, if she hadn't specifically requested it. If she found the hours to be too long, again, she should have communicated that with her boss.

Good luck Nennie, in whatever you decide to do.

 

[TwinsinCA]

I have had a few jobs where we got no official break. Working in daycare I often went 8 hours with no "break." We ate with the kids and called the director over to the room when we needed to use the toilet so that our numbers were always right. Being able to both eat and go to the bathroom during the day this did not bother me at all.

I have worked at four different daycare centers and at each one we were given a lunch break at the very least. Sometimes the other smaller breaks were lumped in with lunch so we'd have a longer stretch. The director or another person hired for the purpose of giving breaks took over so we stayed within ratio. We were free to have our breaks/lunch in an unused classroom or we could leave. Lunch wasn't always paid, but the breaks certainly were. And I don't remember clocking out for any of them.

I'm glad it didn't bother you, but it would have bothered me. Maybe you worked with the older kids, I worked with babies. There was no 'naptime'. Someone was always up and with a 4 to 1 ratio -- you were pretty much always busy. We needed that break in the day! Unless I was destitute I would not take a day care job that didn't provide (at the very least) a break for lunch.

 

[PghLybrt]

I work a corporate job as well as run my own small business and help with my husband's I also have an MBA. I know about running a business. Granted our businesses are mainly consulting QUOTE]

Try working retail, it is a whole other ballpark.

 

[Pluto 2]

fire her

 

[RadioFanatic]

She is not just lying to you she is stealing from you by (a) closing the store so you lose out on money; but more importantly (b) stealing money from you by asserting she worked, and therefore should be paid, for time she did not work.

We had a similar situation at my work. An employee allegedly was to work from 6 am to 2 pm - 8 hours a day. He was to be first in - I was 7 am. After a few months, nine times out of ten, he wouldn't show up until almost 8 am. I thought his schedule changed. Well, one day the boss called me in and asked what time he regularly got in and I told him. He was still supposed to be 6 am. He was stealing 2 hours a day, five days a week, i.e. ten hours, at a $100 a week. He did this for about three months so we're talking at least $1200. He was let go.

 

[Spoodleink]

I work a corporate job as well as run my own small business and help with my husband's I also have an MBA. I know about running a business. Granted our businesses are mainly consulting QUOTE]

Try working retail, it is a whole other ballpark.

I worked in retail in HS and college. I also consult for small businesses some of which are retail establishments. I have an understanding of how they work. I work with both successful and failing businesses and if one of my clients gave me the same information the OP has I would tell her the same thing. She needs to have a larger presence in the store and needs to have established rules and procedures for things like breaks and lunches. And if she thinks they are closing the store 15 minutes early she should just do spot checks every now and then , in fact since it seems that she is not at the store for long periods of time dropping in randomly would be a good thing. She owns the business the people working for her will take their lead from her, if by example she is showing she doesn’t take it seriously neither will her employees. She took over an hour to respond to the text about closing the store. She didn’t say why but what if there was a situation and employee needed help with a return , an angry customer, sudden illness, shop lifters ect. I’m assuming she has the role of manager in the store but if she does has a manager whoever is in charge in the store should be able to contact her or the manager and expect a quick response. I would also would caution a client against taking paycheck to the bank to cash for an employee it could create a bad situation that is easily avoided.

 

[PghLybrt]

I worked in retail in HS and college. I also consult for small businesses some of which are retail establishments. I have an understanding of how they work. I work with both successful and failing businesses and if one of my clients gave me the same information the OP has I would tell her the same thing. She needs to have a larger presence in the store and needs to have established rules and procedures for things like breaks and lunches. And if she thinks they are closing the store 15 minutes early she should just do spot checks every now and then , in fact since it seems that she is not at the store for long periods of time dropping in randomly would be a good thing. She owns the business the people working for her will take their lead from her, if by example she is showing she doesn’t take it seriously neither will her employees. She took over an hour to respond to the text about closing the store. She didn’t say why but what if there was a situation and employee needed help with a return , an angry customer, sudden illness, shop lifters ect. I’m assuming she has the role of manager in the store but if she does has a manager whoever is in charge in the store should be able to contact her or the manager and expect a quick response. I would also would caution a client against taking paycheck to the bank to cash for an employee it could create a bad situation that is easily avoided.

Working retail in HS and college is nothing like running a retail store. You have had none of the responsibilities sitting directly on your shoulders. At any point, you could walk away, not so owning a small business. I agree she should lead by example, that’s why I would fire the girl. From experience, I have found if they are fudging time card they are probably doing something else as well. I have zero tolerance for stealing and that is what this girl did. She also potentially lost sales by being closed. That will turn off customers.
Being able to be reached by cell all the time, impossible. Sometimes I am gone because I am dealing with something that an employee created or I have personal things to deal with. That is why a manager is hired; you solve the situation to the best of your ability. I would not have responded back to the girl at all with such ridiculous questions.
The OP has established what she expects from her employees on this thread. She has informed us of the store lay out and what is available to the employees. As for spot checks I will agree but go one step further I would send in someone the employess does not know and see how they do . I would also add cameras. That solves many problems.

 

[NHdisneylover]

I have worked at four different daycare centers and at each one we were given a lunch break at the very least. Sometimes the other smaller breaks were lumped in with lunch so we'd have a longer stretch. The director or another person hired for the purpose of giving breaks took over so we stayed within ratio. We were free to have our breaks/lunch in an unused classroom or we could leave. Lunch wasn't always paid, but the breaks certainly were. And I don't remember clocking out for any of them.

I'm glad it didn't bother you, but it would have bothered me. Maybe you worked with the older kids, I worked with babies. There was no 'naptime'. Someone was always up and with a 4 to 1 ratio -- you were pretty much always busy. We needed that break in the day! Unless I was destitute I would not take a day care job that didn't provide (at the very least) a break for lunch.

The other preschool I worked for did give breaks, but this one did not. It was a United Way run daycare. I worked in the toddler room. 18 months to potty trained. Yes it was BUSY--I had to be ON all the time (I am sure you know what I mean). I could not have done it after my own kids were born, but at the time, as a college kid, it was fine. I took the job knowing that was how it was and I have no complaints. My point was only that not giving actual breaks (so long as someone can use the bathroom and gets to eat) is not unheard of and often is legal. I do not think a manager is automatically a terrible person because of a system that does not give true to form breaks--especially in a small retail shop when there are likely many slow times.

 

[Spoodleink]

Working retail in HS and college is nothing like running a retail store. You have had none of the responsibilities sitting directly on your shoulders. At any point, you could walk away, not so owning a small business. I agree she should lead by example, that’s why I would fire the girl. From experience, I have found if they are fudging time card they are probably doing something else as well. I have zero tolerance for stealing and that is what this girl did. She also potentially lost sales by being closed. That will turn off customers.
Being able to be reached by cell all the time, impossible. Sometimes I am gone because I am dealing with something that an employee created or I have personal things to deal with. That is why a manager is hired; you solve the situation to the best of your ability. I would not have responded back to the girl at all with such ridiculous questions.
The OP has established what she expects from her employees on this thread. She has informed us of the store lay out and what is available to the employees. As for spot checks I will agree but go one step further I would send in someone the employess does not know and see how they do . I would also add cameras. That solves many problems.

I might not have the responsibility of running the store on my shoulders but if a business is paying me to analyze and improve their procedures. I have responsibility to have a thorough understanding of how their business works from the top down. You obviously run a store and I know you don't think I get it. People pay me to tell them what they are doing wrong and how they can fix it. It is not like I have no experience or understanding about this.
More than once I have seen some one buy a successful business and struggle due to problems the OP seems to be having. If she was following good business practices an employee would be able to reach someone quickly during operating hours. My husband has had jobs where when he was on call it was 24/7. He has had to go out in the middle of the night more than once to respond to emergencies. It is not impossible it just depends on how much of a priority you make your business. And given the ages of the employee’s she had in the store I would give extra care to be reachable during those times.