That is possible as to termination, but taking her card is illegal. I assume she was pressured to give it up for fear of termination, which is still illegal.
How is that last part illegal? I assume that they didn’t forceably take it from her. Let’s assume they told her, “company policy says that you can’t accept tips and the gift card is considered a tip. If you keep the card, we have to fire you.” What crime has been committed?
A friend of mine worked for Target in the Corporate Offices. She went to some conference and there was a giveaway and she won something big and worth thousands. She donated it. Target’s policy is clear - and in this case she COULD have kept it - but their culture is even clearer, keeping whatever she won would have been a career limiting move.
The part where she hands the card to them, instead of back to the person who gave it to her, or to a third-party that is not connected to the store. “You can’t accept tips” is acceptable. “You have to turn tips over to the company” is not.
That makes sense. I would imagine the lawyers at Target are smart enough that the policy is for the tip to go a charity of some kind and that the whole thing is well documented. I highly doubt that the manager or the store kept it.
Absolutely. I hope she demands her $100 back and gets away from them.
They’re not irrelevant if she agreed to follow the policy/handbook as a condition of her employment.
I’m thinking the store has a valid point. Company policy says employees don’t accept gifts from customers. The cashier violated this rule and accepted a substantial gift. Rather than fire her, the manager just confiscated the gift and apparently let the matter drop. If the cashier is smart, she’ll do the same and count herself lucky. If she complains, the company will be justified in firing her.
Sounds like she did know she wasn’t supposed to accept the card.
I bet it’s sitting in a drawer somewhere because no one knows what to do with it. There IS nothing to do with it, except give it back to the giver.
They shouldn’t have taken it. They should have fired her or written her up, but either way let her keep it. Anything else looks like extortion.
You’d get fired. And lose money on the lawsuit even if you prevailed on the merits.
Legally? I don’t think that what they did was illegal and no one has shown that it is. I am sure that there is a company policy, vetted by highly skilled and highly paid corporate lawyers, on exactly what to do in that situation and that’s what happened. Do you have any proof for your speculations?
Do you have proof for yours? I am sure there is a policy “Employees cannot accept gifts” but I would be shocked if the rules then said “If they do, give them the option to hand the money over to the store and give it to charity X”. That’s not how a corporate policy reads. Why complicate the legal waters? The policy almost certainly just says to fire her. The “just hand it over and we won’t fire you” is something a shift manager would come up with, not a lawyer.
I don’t see how there’s even a debate. Employee agreed to a policy. Employee forgot what they agreed to. Employee violated the policy. Management enforced the policy, with no other punitive action.
In case anyone thinks that it’s none of Target’s business, payroll laws in the US make it their business. Employers must report - and pay tax on - tips. A $100 gift card given to an employee costs Target $7.65 in federal taxes (more when state taxes factor in).
:smack: My reading comprehension must go downhill after midnight.
Enforcing the policy is making her give the card back or throw it away. It’s not taking the card themselves.
Enforcing the policy is doing what the policy says.
Do you really think the policy says the store should confiscate gifts from employees? That gifts “must be turned over”?
Most likely, it would go to St. Jude Hospital, an organization Target has supported for many years.
Chances are, she didn’t read the employee handbook (most people don’t) and if she did, she certainly didn’t memorize it.
This woman hadn’t worked outside the home for more than 20 years until she took a seasonal job this fall at a party supply place, which laid her off after Halloween. She then applied for, and got, this job at Target. She was widowed last year (he was her kids’ stepfather) and lives with her elderly parents. IDK how she’s supported herself in the meantime - I don’t know her well enough to ask - but I’m guessing that between her parents and her children, she managed to keep food on the table somehow.
Yes. I’d be surprised if a large corporation didn’t.
Many employers have that exact clause written into their policies. And aware of it or not, when people are hired they usually sign several forms, at least one of which will have in small print that they agree to obey company policies and such, and to consent to such confiscations. Most states are “at will employment” states, and most employers have certain rules and conditions which must be followed for one to maintain employment there. I’ll be surprised if that manager did anything illegal.
If someone gave a policeman $100 and he kept it most of you would be screaming for his nuts in a sling. And the logic for the prohibition is not much different: *“Here’s $100 Target worker. Now look the other way while I walk past with a big screen TV”. *(Not saying that was the case here, I’m saying that’s one reason for the policy).