McDonald

[illage3]

I can't say this with any certainty, but I have a few colleagues that I used to work with in the UK that now work in the US and from discussion with them. I was led to believe you can be fired with little to no reason if the company really wants to. It's not to say it happens that often, but it can.

I remember one guy (An American) was willing to put back an operation because it clashed with a conference he was supposed to be attending because he was worried they may use it against him and with an existing medical condition knew that loosing his current benefits would render him near impossible to find affordable medical cover.

In the UK you can't be fired just because a company wants too, there has to be reasonable grounds for dismissal from work, if you do get unfairly dismissed (or for no reason at all) then you can (and should) take the employer to court. If you win the case what usually happens is that the employer has to pay your wages up until the day you were dismissed, and if they refuse to pay the court may send sheriffs(AKA  Bailiffs) around to size assets from the company.

[Nashy]

Problem is, her boss said no so she went to corporate going over her boss head.  Unless it is a major issue her direct boss is not handling, you never go above your boss.  If so, be prepared for the consequences.  Firefighters calling and complaining didnt help matters any either.

 

And yes, freaking is not a swear word but the way you say it and the tone behind your voice and show different meaning.  Plus, it is disrespectful to the boss.  Even if the boss is a dick, you need to watch yourself.  Especially if the boss is a dick.

 

I was a manager for 7 years.  Hated it. But if an employee did this to me, I would of at least given her for formal writeup.

 

Over here, you can't be fired for what she did.

In the USA, are the employment laws handled by the federal government, or the states?

In the UK you can't be fired just because a company wants too, there has to be reasonable grounds for dismissal from work, if you do get unfairly dismissed (or for no reason at all) then you can (and should) take the employer to court. If you win the case what usually happens is that the employer has to pay your wages up until the day you were dismissed, and if they refuse to pay the court may send sheriffs(AKA  Bailiffs) around to size assets from the company.

 

Up until the day you were fired?  That doesn't sound right, as that's a must no matter what under any good employment laws.  I know over here you usually get damages equaling your wage for a certain set period of time + court costs.  Usually.

[TAZMINATOR]

Free food can happen anywhere...  no matter if you are a cop or not...

 

For example, if you happen to save someone's life at the Subway restaurant, Subway manager or owner may give you free meal card/coupon for being a hero.

 

If you are at any nice restaurant (Applebee's for example), your bill can be waived if you happen to save someone there. Or someone pay for it for you.

[illage3]

Over here, you can't be fired for what she did.

In the USA, are the employment laws handled by the federal government, or the states?

 

Up until the day you were fired?  That doesn't sound right, as that's a must no matter what under any good employment laws.  I know over here you usually get damages equaling your wage for a certain set period of time + court costs.  Usually.

It all depends on the specifics of the case really.   Say you worked for a day and you were sacked at the end of the day you get full wages for that day. 

[techbeck]

I don't see anything in that article that seems to suggest that these people expect anything, its something that (in this franchise at least) offer these people for putting their lives on the line to keep us safe. Given that I earn more than an average firefighter in the UK for sitting at my desk and in the grand scheme of things contribute nothing to society's safety, these people deserve ALOT more than they currently get "rewarded" with.

As far as I see it, Police, Firefighters, Doctors, nurses, Soldiers etc etc do not and will never get what they deserve. 

 

While I respect the military and what Police/Firefighters do...that is their job and what they signed up for.  They knew what the job entailed. I have 2 brothers in the military and they do not want or expect any special treatment.  They are doing something they love to do.  They do not think of want themselves to be called heros or anything like that.   No special treatment and frankly, anyone in these positions that want/expect special treatment for what they do needs a reality check.  Respect is all they ever want.

Over here, you can't be fired for what she did.

In the USA, are the employment laws handled by the federal government, or the states?

 

I believe the state.  And in many cases, you dont need a reason to fire someone.

[McKay]

I'd just tell them to freak off. :p

 

[FloatingFatMan]

It all depends on the specifics of the case really.   Say you worked for a day and you were sacked at the end of the day you get full wages for that day. 

 

Sorry, but you're wrong. It's considerably more than that.

 

There are two main elements in the calculation of the basic unfair dismissal award. These are the employee?s length of service at the effective date of termination and the employee?s age at the time of dismissal.

 

For the purposes of calculation a maximum of ?450 per week gross is allowed (effective 1 February 2013), and up to a maximum of 20 years? service (maximum of ?13,500 (effective 1 February 2013)). The calculation depends on the age of the employee and uses a multiplier:

• half a week?s pay for each year of employment in which the employee is under the age of 22
• one week?s pay for each year of employment in which the employee is below the age of 41 but not below the age of 22
• one and a half week?s pay for each year of employment in which the employee was not below the age of 41

If the employee is aged between 64 to 65, then the basic award is reduced by one twelfth every month up to the 65th birthday when it becomes nil.

 

The Basic Award can be reduced if the employee refuses an offer of reinstatement (and it is held to have been unreasonably refused), if the employee is held to have contributed to his/her own dismissal by his/her conduct, and by any payments already made to the employee, for example, money in lieu of notice or redundancy payments.

 

Compensatory Award

 

For dismissals where the effective date of termination falls after 29 July 13, the compensatory award is capped at ?74,200 or 52 weeks? pay, whichever is the lower. If the EDT is before 29 July 13, the award is capped at ?74,200.

 

The elements that make up the award are:

 

* Loss of wages up to the date of the Tribunal hearing

This covers the period from the end of the notice period (or dismissal) to the date of the Tribunal hearing,less any earnings from new employment, or to the start date of a new job if higher paid.

* Future Loss of Wages

As estimated by the Tribunal. If a new job has been found then this element is not included unless theemployee?s new employment pays less, in which case the Tribunal estimates this future loss. MostTribunals will award between 6 and 12 months? future loss, although in some cases Tribunals canaward significantly more.

* Loss of Associated Benefits

* Loss of car, health benefits, share options, pension loss, etc.

* Loss of Employment Protection

Usually ?250 to ?350

* Loss of pension rights /contributions Expenses in seeking work

 

Case law has now established that there is no compensation payable for stress or injury to feelings in unfair dismissal claims.

[Skiver Veteran]

While I respect the military and what Police/Firefighters do...that is their job and what they signed up for.  They knew what the job entailed. I have 2 brothers in the military and they do not want or expect any special treatment.  They are doing something they love to do.  They do not think of want themselves to be called heros or anything like that.   No special treatment and frankly, anyone in these positions that want/expect special treatment for what they do needs a reality check.  Respect is all they ever want.

 

I believe the state.  And in many cases, you dont need a reason to fire someone.

I agree, they signed up for it and I don't think or one second any of them to want or expect special treatment because of their choise. However that does not mean they do not deserve it, imo they do. They aren't paid or respected anywhere near enough as they should be in my opinion.

[TAZMINATOR]

Over here, you can't be fired for what she did.

In the USA, are the employment laws handled by the federal government, or the states?

 

My friend got off from work and went somewhere to meet me.  He got a text from his boss.  He got fired for being attitude to his boss via text. He was very upset and paid his bill and left within 10 mins after we got inside.  He didn't do a thing wrong at work..  He told me that his boss gave him a lot of work and other crews got small work..  He said it's not fair. Seems that those people at work give my friend things to do which made those people feel like king/queen..  lazy fukers... That's why my friend wasn't happy about it.  At least he's glad that he is not working for them anymore.

 

He said it was not attitude... he was very tired... because of lot of work he had to do for those lazy asses. I told him to hire a lawyer and he said fuk them.

[leesmithg]

It's quite common here in London, too. They don't feel it's needed, certainly don't feel its owned to them, and will never ask for free food. Many establishments do it simply because they appreciate that these people put their lives on the line on a regular basis for the rest of us.

 

Well they should not give it out for free or the recipient expect it for free.

 

I have to pay for my food they should too.

 

I pay my taxes which pays their wages for the job they do, which is 'serve and protect'

 

They should be doing that.

[Hurmoth]

 

I believe the state.  And in many cases, you dont need a reason to fire someone.

It is a combination of both, but mostly it is more regulated at the state level. My state, Virginia, is an at-will state: http://en.wikipedia.org/wiki/At-will_employment

 

Essentially, I can be fired for any reason as long as it isn't discrimination.

 

 

 

As for this. I think it is horrible if true, but the cynical part of me tends to believe that there's more to this story than what either party is saying that would actually allow us to form a more well-rounded opinion.

[Chicane-UK Veteran]

Absolutely insane. She should be getting a freaking promotion, not the sack. Madness. 

[Dick Montage]

I'm not sure how employers work in America but I'm pretty sure you can't just get fired for swearing at a superior. There must be some sort of strikes/warning system in place?

 

I have literally today just dismissed someone for swearing in a meeting at their line manager.  It falls under gross misconduct and no further procedure is needed.

[Grinch]

I have literally today just dismissed someone for swearing in a meeting at their line manager.  It falls under gross misconduct and no further procedure is needed.

 

Let us not forget that New York is an 'employment at will' state, which essentially means you can be fired for anything that isn't discriminatory.

 

http://www.nysegov.com/citguide.cfm?ques_id=505&superCat=36&cat=344&content=relatedFAQs

[msr714]

I'm not sure how employers work in America but I'm pretty sure you can't just get fired for swearing at a superior. There must be some sort of strikes/warning system in place? 

In America, you can be fired for almost any reason - and even for no reason.  In fact, employers have told me it's better for them to give the employee no reason, just to fire them - or even better yet - just drop them from the schedule.

[episode]

I'm not sure how employers work in America but I'm pretty sure you can't just get fired for swearing at a superior. There must be some sort of strikes/warning system in place? 

 

In most states (the vast majority), you can be fired for any reason, as long as it is not discriminatory.

[FloatingFatMan]

I find the whole concept of this "at will" legislation to be vile and disgusting.

 

So much for workers rights.

[Zidane]

Yeah, I mean we can't have too many nice gestures in the world.  :rolleyes:

 

This is what happens when you have no worker protections. People shouldn't be able to lose their jobs over something like this. You shouldn't have to worry that anything you do could leave you without an income, unable to afford rent or feed your children. Giving employers all the power is not in the best interests of society.

I think there is more to this than that.

 

The employee did not help her case when her boss in his franchise and on his time told her no to giving away his business' profits...and she went to corporate who really don't interfere in day to day dealings of their franchisees.

 

You and everyone else are making out that the fact she gave away the meal is what got her fired. I gurrantee you that once both sides of the story come out, it was because she didn't respect the decision made by her employer and instead hotly challenged it in a TEXT MESSAGE of all things.

 

...but hey! If you or anyone else doesn't like it (including the employee) then you are welcome to start your own McDonald's franchise with your own overhead costs and being your own boss. You can then give out meals as you please :P. Good luck!

[Zidane]

I find the whole concept of this "at will" legislation to be vile and disgusting.

 

So much for workers rights.

So long as it isn't discriminatory, it is the business' dollar and their choice on what they spend it on. Having a job is not a right, its a privilege; you should be prepared financially to handle losing it at any time. It isn't your employer's job to hold your hand.

 

I'd love to hear what you consider to be these "rights" though :).

[+LogicalApex MVC]

I'm not sure how employers work in America but I'm pretty sure you can't just get fired for swearing at a superior. There must be some sort of strikes/warning system in place? 

It varies by state, but many of American States are "at-will" employment states. This means that employees can quit whenever they want without any notice and likewise employers can fire them at any point for no reason at all.

 

In PA this is a valid scenario for getting fired... Your employer woke up from a bad dream where a monster in a red shirt attacked them. You are wearing a red shirt so they fire you because you remind them of the monster in their dream.

[FloatingFatMan]

So long as it isn't discriminatory, it is the business' dollar and their choice on what they spend it on. Having a job is not a right, its a privilege; you should be prepared financially to handle losing it at any time. It isn't your employer's job to hold your hand.

 

I'd love to hear what you consider to be these "rights" though :).

 

In the UK, you cannot be dismissed "at will". Your employer must have a justified reason for terminating your employment otherwise they can get their asses reamed in court.

 

Our basic statutory rights, which cannot be taken away by anyone, are:

 

• the right to a written statement of terms of employment within two months of starting work,
• the right to an itemised pay slip. This applies from the day the employee starts work. 
• the right to be paid at least the national minimum wage. This applies from the day the employee starts work.
• the right not to have illegal deductions made from pay. This applies from the day the employee starts work.
• the right to paid holiday. Full-time employees are entitled to at least 28 days a year. Part-time employees are entitled to a pro rata amount
• the right to time off for trade union duties and activities. This applies from the day the employee starts work. The time off does not necessarily have to be paid. Employees also have the right to be accompanied by a trade union representative to a disciplinary or grievance hearing. If an employee takes part in official industrial action and is dismissed as a result, this will be an automatically unfair dismissal
• the right to paid time off to look for work if being made redundant. This applies once the employee has worked for two years for that employer 
• the right to time off for study or training for 16-17 year olds. This applies from the day the employee starts work 
• the right to paid time off for ante natal care. This applies from the day the employee starts work, 
• the right to paid maternity leave. More on Maternity leave.
• the right to paid paternity leave
• the right to ask for flexible working to care for children or adult dependents ? see under heading 
• the right to paid adoption leave
• the right to take unpaid parental leave for both men and women (if you have worked for the employer for one year) and the right to reasonable time off to look after dependants in an emergency (applies from the day the employee starts work) 
• the right under Health and Safety law to work a maximum 48-hour working week. This applies from the day the employee starts work 
• the right under Health and Safety law to weekly and daily rest breaks. This applies from the day the employee starts work. There are special rules for night workers
• the right not to be discriminated against. This applies from the day the employee starts work. 
• the right to carry on working until you are at least 65
• the right to notice of dismissal, provided you have worked for your employer for at least one calendar month
• the right to written reasons for dismissal from your employer, provided you have worked for your employer for one year if you started before 6 April 2012 or two years if you started on or after that date. Women who are pregnant or on maternity leave are entitled to written reasons without having to have worked for any particular length of time

• the right to claim compensation if unfairly dismissed. In most cases to be able to claim unfair dismissal you will have to have worked for your employer for one year if you started before 6 April 2012 or two years if you started on or after that date

• the right to claim redundancy pay if made redundant. In most cases you will have to have worked for two years to be able to claim redundancy pay
• the right not to suffer detriment or dismissal for ?blowing the whistle? on a matter of public concern (malpractice) at the workplace. This applies from the day the employee starts work 
• the right of a part-time worker to the same contractual rights (pro-rata) as a comparable full-time worker
• the right of a fixed-term employee to the same contractual rights as a comparable permanent employee.

You may also have additional rights which may be set out in your contract of employment. In particular, a part-time worker?s contract should be checked.

[riahc3]

Hello,

But there is a big cultural difference between the way we in western europe (I think, might be overgeneralized) treat people in service jobs and the way Americans view them.

Belgium does not represent Western Europe. There are PLENTY of countries that "support their troops" so to speak.

[Zidane]

In the UK, you cannot be dismissed "at will". Your employer must have a justified reason for terminating your employment otherwise they can get their asses reamed in court.

 

Our basic statutory rights, which cannot be taken away by anyone, are:

Alright so if we apply UK laws to America (this situation)...we're still good!

 

Justified reason: She ignored her boss' decision on the matter and consulted corporate as well as directly challenged it over a laughable medium such as text messaging. That is highly disrespectful and is definitely justified in a termination to me.

 

Had she accepted his response and paid for the meals on her own dollar, I'd be patting her on the back with the rest of you. Ironically, her goal of making her boss look foolish by thinking corporate would have backed her backfired...yet if she had paid without making a ruckus, everyone would immediately be on her side and the boss would have looked like a fool (even-though being "pressured" to give out profits is a pretty terrible thing).

[theyarecomingforyou]

Alright so if we apply UK laws to America (this situation)...we're still good!

 

Justified reason: She ignored her boss' decision on the matter and consulted corporate as well as directly challenged it over a laughable medium such as text messaging. That is highly disrespectful and is definitely justified in a termination to me.

That wouldn't be grounds for dismissal and had the same happened here it would have been taken to employment tribunal, which would have almost certainly sided with the employee. It really is only in the US where employees are treated like dirt, with employers having absolute power over employees. It's disgraceful.

[Hurmoth]

I find the whole concept of this "at will" legislation to be vile and disgusting.

 

So much for workers rights.

When we're hired, we agree to it, so I don't see what's wrong with that? If you're a good employee, the company isn't going to fire you.

 

Also, at least in Virginia, if you do get fired, you get unemployment compensation that the company is required to pay into. The only reason you can't get unemployment is if you harmed the company in a way that would damage the company's reputation and/or hurt their sales. There's a state unemployment agency that does a hearing to gather facts on the case.

 

There's plenty of workers rights protected there. Companies aren't stupid, the amount of time to retrain an employee would be greater than what it is worth in most cases and as long as you do your work, then that should protect your job. Government doesn't need to be involved, just take responsibility seriously.