Suspended Without Pay for Solicitation
My question involves labor and employment law for the state of:
The General Manager wanted me terminated for solicitation. My manager managed to get it down to a suspension without pay.
The Job: Hotel Concierge
The Situation: We got commission cheques from a company we book through who have, historically, never given us commissions. We have a small team (3) so there is no "boss" of our team. Just the Front Office Manager who doesn't get involved in our commissions, we organise that amongst ourselves. As a result we are in contact with all the tour companies in town and send emails without management review.
The Email: I sent the below email and was suspended without pay for solicitation, may eventually be terminated for it.
"Hi BLANK,
Firstly, thank you so much for delivering the commission cheque to us this afternoon. It is much appreciated and unexpected.
Secondly, I would just like to clarify a couple of points about the commission that you pay to us for reservations with the Company X.
I was under the impression that we actually didn't receive commission for bookings. This was what I was told a long time ago whilst making a reservation. If this is actually incorrect could you please explain how we note our names down for commission when making a booking with you either on the phone or via your website? Is It a 10% commission payable at the end of each month?
We do make many more bookings then is reflected in your delivery this afternoon and will endeavour to push your business much more if there is an incentive for us to do so.
I would like to stress that the cheque you dropped off today is very much appreciated, I just wish to understand better the commission that you are offering us.
Warm Regards,"
I just want to know what your thoughts are on this one.
Many thanks in advance!
Re: Suspended (Initially Terminated) for Solicitation
It is perfectly legal for your employer to suspend or fire you for this email, no matter how harmless you believe it to be. That's because there are no laws prohibiting employers from suspending employees who send out harmless emails. Google "at-will employment" for a full clarification.
(Note: the above isn't my "thought" it is accurate legal information. My thoughts are a little different, but this is a legal site after all, and my thoughts won't get you anywhere with this issue.)
Re: Suspended (Initially Terminated) for Solicitation
Based on how you spell the word "cheque" I have to assume that you are not located in the US. This site is for US law.
Re: Suspended (Initially Terminated) for Solicitation
Good catch llworking! OP if you're in Canada or the UK the answer will be totally different.
Re: Suspended Without Pay for Solicitation
I suggest you keep the GM informed in the future and make sure you have his approval. Our managers used to get free Mortons of Chicago and Damon's certificates and desk staff got free pizzas, when I worked in hotel mgmt. Those recommendations were in line with our quality of clientele and we were simply exploring the atmosphere so we could advise staff on recommendations locally.