Amy's Baking Company-Again

12 years ago

I don't know who would.

She must live in an unfamiliar world.

Seriously, employees sign a "no compete" agreement. As an employee in a restaurant? And not upper level from what I'm reading.

Karma, baby, karma.

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AprilCT 12 years ago

It's quite likely Amy and perhaps her biz partner wrote the terms and not an attorney. I wouldn't be surprised if this mutual agreement thingie wouldn't be enforceable by a court or perhaps only partially.

Don't they buy their home baked goods from another bakery? It is unimaginable they have any type of privileged information or secret ingredients that have any need of protection.

KMA would be one way to initial each page of that agreement. Why anyone would want to work for them is baffling. They probably have trouble keeping anyone, so they are just trying to intimidate people.
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Leanne King

12 years ago

My guess is that ABC wrote it not a real life lawyer

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Kay King 12 years ago

One thing is for sure - the only people willing to work there are those who can't find a job anywhere else.

Maybe he'll be deported and she'll go with him....
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thunderbird

12 years ago

Maybe it would look good for someone applying for a job in the CIA/NSA to have worked at Amy's Baking Company without complaining or spilling any of their big leaky pile of secrets.

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ThomM 12 years ago

Except for the monetary penalties and tip thing, those rules made sense to me.
When you work in most restaurants, working holidays and weekends are the norm as they are usually your busiest days.
If the place you work has recipes that are unique to them, they will want to guard them from competitors.
Really all they are doing is spelling out the employee rules.
I've worked at places that do the same. It avoids confusion when an employee breaks company rules as they can't claim to not knowing.
If you don't think you can follow the rules or think they aren't fair, you don't take the job.
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KimW

12 years ago

Thom,
I've worked in a lot of restaurants in my life.
None tried to make me pay them if I could not work a holiday.

There is a line between reasonable and outrageous. These people leaped over that line.

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ThomM

12 years ago

Originally Posted by KimW

Thom,
I've worked in a lot of restaurants in my life.
None tried to make me pay them if I could not work a holiday.

There is a line between reasonable and outrageous. These people leaped over that line.

I agree Kim. That's why I started my post with this.
"Except for the monetary penalties and tip thing"
But then any restaurant or the country club I worked at would fire you if you where scheduled to work a holiday or weekend and didn't show up. If you called in sick you had better bring in a doctors note.

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KimW

12 years ago

Originally Posted by ThomM

I agree Kim. That's why I started my post with this.
"Except for the monetary penalties and tip thing"
But then any restaurant or the country club I worked at would fire you if you where scheduled to work a holiday or weekend and didn't show up. If you called in sick you had better bring in a doctors note.

And I agree with that too Thom. Of course a place needs reliable staff to operate. And a lot of experienced service staff volunteer to work those days.
But ABC is trying to dictate the personal life of their employee and at the same time take away the incentive to work those days,ie,trying to take any tips that are made.

Of course, I admit bias as I saw the man claim he did not take the tips when he was caught on camera doing it. I guess at least he admits he wants the money.

By the way, if I knew any place that operated like that, I would never eat there.

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seasoned

12 years ago

Originally Posted by ThomM

I agree Kim. That's why I started my post with this.
"Except for the monetary penalties and tip thing"
But then any restaurant or the country club I worked at would fire you if you where scheduled to work a holiday or weekend and didn't show up. If you called in sick you had better bring in a doctors note.

I agree to a degree, but things like being able to search for any reason is too much.

Ones I didn't like?
3. Most people just fire you, or dock your pay.
5. Ok, I guess I skipped over this, but TOO VAGUE!
8. Limiting and unreasonable search.
16. Same as #3. Generally, you can't charge one for such things.
19. I believe this is fraud. I can see their point, but $8 isn't really that much over minmum wage, etc...
20. I believe this is illegal, but it is unreasonable and unconscionable, which technically makes it illegal ANYWAY!

Steve

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Kay King 12 years ago

Of course you work holidays and weekends - that's part of the job. Of course you don't share propriety information - that's part of the job.

Much of the rest is Amy's personality (or lack thereof) coming out. I doubt you can enforce a rule that says a waiter can't work in another nearby restaurant - and I'm sure no court would uphold a $250 fine on an employee as listed.

Most of all - waitstaff earn much more than $8/hr in a decent establishment. That's why I think the only people they could hire are not the best wait staff around. What they do is take the tips for themselves - just like they did on the show.

I doubt they have much business except for curiosity seekers.
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seasoned

12 years ago

To be ENTIRELY fair, FOURTEEN of the 20 items are perfectly reasonable. Some are LAW! GRANTED, most don't follow them, but they certainly SHOULD. The following are fully legitimate:

1
2
4
6
7
9
10
11
12
13
14
15
17
18

AS for item 20, the one that says they must not work within 50 miles for a year? I believe there IS a law FORBIDDING such a clause! They must basically teach like 5 things for a good waiter/waitress. OK, FOUR in their case, since they do NOT have waiters/waitresses work with the ordering system, etc... Of the 5, 3 are STANDARD and NOT proprietary. The other 2 may be WORTHLESS elsewhere.

STILL, a decent person will LEARN! Outside of recipes and techniques The restaurant has developed, which are covered in #17, a standard restaurant or QSV really has NOTHING that they can consider proprietary! I mean I think the ONLY exception would be metrics(like finances and stock), and customer lists. Otherwise, NOTHING!

Steve

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KimW

12 years ago

Steve,
I agree some are fair.
But the unfair/illegal ones overrule any fair ones,imo.

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seasoned 12 years ago

Originally Posted by KimW

Steve,
I agree some are fair.
But the unfair/illegal ones overrule any fair ones,imo.

RIGHT, but at least it is only about 30% of the rules. Radar online almost implies it is 100%.

Steve
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seasoned

12 years ago

BTW I have worked for banks, insurance companies, telephone companies, computer companies(ALL AREAS), manufacturers, pharmacies, etc....

NONE forbade me to work for another. I worked for telephone companies and learned about switches and LATAs. Can I use it elsewhere? SURE! I worked for companies that deal with HIPAA and HL7. Can I work with THAT? SURE! HECK, I worked for company that almost secretly has some subsidiaries. Can I discuss THEM? YEP!

What I CAN'T discuss is their customers, test results, audits, legal concerns, finances, product plans, inventory, suppliers, methods THEY use that are proprietary or the fact that they use certain specific things, etc...

Steve

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Robert Michael

12 years ago

Firing someone for not coming in, and attempted to charge them 250 dollars, is a completely different circumstance.

I can't believe they are even in business anymore.

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Amy's Baking Company-Again

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