• Report: #736818

Complaint Review: Jimmy John's

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  • Submitted: Sat, June 04, 2011
  • Updated: Tue, November 20, 2012

  • Reported By: Raffes — Denver Colorado United States of America
Jimmy John's
2075 S. University Blvd. Denver, Colorado United States of America
  • Phone: 303-282-7300, 970-213-330
  • Web:
  • Category: Deli's

Jimmy John's Brendon Killian Wage and Labor Violation(s) Denver, Colorado

*UPDATE Employee: Do not agree

*UPDATE Employee: strange you mention the hourly

*Consumer Comment: contact your state labor board

*Author of original report: Addendum

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I too work for a Jimmy John's location which is owned by Brendon Killian.  In my time there I have come across several concerns that more than likely violate state law.  The job itself is fine as are most of the people that work at this location.  The practices employed to operate the business are some of the most concerning practices that I have seen in a work place.

1. There is a "tip" jar that is located up near the register.  People periodically put money in the "tip" jar as you would expect.  The money is collected at the end of the night and what happens to it next is unclear.  I have never received a dime from this tip jar even though I work for those tips.  I have been informed by 2-3 different people that the money from this tip jar is collected and given to the manager/assistant manager in the form of a check, filling the role of a bonus.

2. During any given shift, no breaks are allowed.  No 30 minute unpaid lunch breaks for more than 5 hour shifts.  No 10 min paid breaks.  Nothing.  If you ask to get something to eat during a 6.5 hour shift, you will simply be told 'no, no breaks'.

3. Nearly all, if not every employee, has been charged for their uniform.  Having looked up the information on Colorado Wage and Labor Board I now recognize that an employer cannot charge an employee for their uniform if it is required to wear for work.  The charge for uniforms is $25 and it is deducted from your paycheck.

4. There is at least one employee that I am aware of that is not even receiving minimum wage as their hourly rate of pay, they are paid $7.25/hour.  The rest of the employees are paid $7.36/hour and bust their ass for every penny.

5.  There is a closing manager that closes down the computers before the employees have the chance to clock out at the end of the night.  And then the manager will go in and edit the time sheet.  The problem is, inaccurate times are entered on the time sheet that employees do not have access to.  So, if the store closes at 3:00am and the manager shuts down the computer at 3:45am but the employees don't leave until 4:30am, employees will be clocked out at 3:30am and not paid for the extra hour of work.  No record of actual hours worked is made available to the employees. 
This has happened numerous times, it has been reported to the General Manager, and nothing has been done about it.  There was even an incident where overtime should have been included in the pay (due to a shift longer than 12 hours) and no overpay was possible, or so I was informed.

6. All of the paychecks that I have received seem short on hours.  Not having access to the stores time sheets I cannot guarantee that this is a true statement.  However, consistently I have looked at my paycheck and thought, 'that doesn't look right.'  The best that I can figure, the scheduled double shifts (10 hours in theory) which actually take 11 to 11.5 hours are recorded as 10 hours.  Which means we have not been paid for closing.  I am not the only employee that this has happened to, there are many.

7.  I am unclear of the laws concerned with use of a personal vehicle for business use but again something does not seem right with the practices employed at Jimmy John's.  No mileage is paid.  No gas reimbursement.  DMR is seldom applied to time worked--I have only seen it applied once or twice and the amount was $1.00 and then $2.50.  In a 10 hour shift we can cover 50 miles.

Overall, Brendon Killian is not a good guy.  When he is in the store he yells at employees and treats nearly everyone disrespectfully.  I have to question how and/or why the general manager appears to condone the practices listed above.  Apparently this troglodyte, Brendon Killian, has failed to realize that in order to run a successful business, you have to take care of your employees.  The only reason that people work for this guy, myself included, is because there are bills and responsibilities to be taken care of.  In truth, working for Brendon Killian borders on being an act of desperation. 


This report was posted on Ripoff Report on 06/04/2011 12:57 PM and is a permanent record located here: http://www.ripoffreport.com/r/Jimmy-Johns/Denver-Colorado-80210/Jimmy-Johns-Brendon-Killian-Wage-and-Labor-Violations-Denver-Colorado-736818. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
1Author 3Consumer 0Employee/Owner
Updates & Rebuttals

#1 UPDATE Employee

Do not agree

AUTHOR: lucy - (United States of America)

I have read your guys reviews or comments and can understand your frustration. However, I also work for the same owner and have never seen any illegal practices with him. Have any of you ever brought these concerns to his attention directly, because from my experience, when I ask Brendan about a discrepancy, he is very cooperative about settling the issue immediately. I just think you should go to the source first before trashing a productive company. BTW, there is so many false accusations in the original post, not one of them is factually correct. JMHO and experience I guess. Also, why don't you cowards put your real name on these posts, are you that pathetic or not really sure youre telling the truth?
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#2 UPDATE Employee

strange you mention the hourly

AUTHOR: bandit - (United States of America)

     Each time, i see the times i work a double shift. its edited. Shows up as employee forgot to punch out ... I work for the same slime bag you do. Make the move. call the labor board. they will ask the owner to open the books .
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#3 Consumer Comment

contact your state labor board

AUTHOR: Ashley - (U.S.A.)

While it sounds shady at your company, some of the things may be legal, just by using loopholes. They can claim your uniform charge is a "deposit" for the uniform and then its legal to charge it by your state. As for breaks, there is the one little thing in colorado that states: "when the nature of the buisness activity or other cicumstances exist that makes an uninterrupted meal possible, the employe may be permited to consume an on-duty meal while performing duties" which means they can just let you eat and keep working. It does look like they still have to give you at least a 10 min break.

The record keping should be easy for you to prove, just start keeping track of your hours. Write them down every day and compare to your check. If it doesn't add up file a complainte with the state board of labor. Your friend making 7.25$ an hour needs to complain also, as there was an increase in 9 cents of the minimum wage.

Finally, they are not required to pay you milage. Unless your state has some specific law about this, there is no law I know of that requires milage to be paid. They can argue that is what your tips cover.
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#4 Author of original report

Addendum

AUTHOR: Raffes - (United States of America)

To be clear, the headline should state, 'Possible Wage and Labor Violations'.  The matter has not been decided by a court-yet.

The information included in this report is true and accurate to the best of my knowledge. 
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