- Report: #808956
Report - Rebuttal - Arbitrate
Complaint Review: Koning Restaurants International
Koning Restaurants International1000 Park Centre Blvd. Ste 134-136 Miami, Florida United States of America
Koning Restaurants International Franchisee of Pizza Hut, Benjamin Rivasplata ,Area Coach, Wrongful Suspension, termination resulting from request of health insurance, false accusations, sexual/racial discrimination Miami, Florida
*General Comment: Its only fitting you won't sympathize
*General Comment: Fin
*General Comment: wow
*Consumer Comment: Not very smart.
In a matter of 24 hours, I was both suspended AND terminated from this company as a delivery driver - all because I pointed out my manager dropped the ball on getting me my health insurance papers within the 30 day time frame.
The sad part is, the way the matter was carried out was so cut-throat and pathetic, it shakes every moral fiber in my being.
I started the job near the end of September, 2011 at Koning Restaurants International's Pizza Hut as a delivery driver. Though within the time of working at the company I'd learned practically all of the CSR work minus cooking. Filling out the usual forms, naturally the one to opt-in for health insurance was among them. I ticked the box that said "yes," and informed my manager of the decision while also requesting a policy book.
Two months later still no policy book or health insurance even after asking multiple times while working there. Finally it gets to a point where while I'm out on delivery one November night a guy that's in the same alley where the delivery is runs up to my car attempting to rob me. Fortunately at the time I had a toy pistol my nephew left in the car (the vehicle is used by my mother as well) that I carefully placed my hand on (which he noticed I was reaching for something, causing him to pause in his actions) while asking the guy what he wanted. Combined with the fact there was another civilian entering the alley, I was fortunate enough that night to have the guy run off and leave me be. I let my manager know the next day what happened and how I still wanted my health insurance, as well as a transfer to a vacant in-store position (because I was now worried about my safety in the delivery area), which I knew was available because a co-worker of mine quit a week or two before. He shrugs it off and just says to "be more careful."
Two days later I almost get into a T-bone style accident in traffic with a guy driving on the wrong side of the road. I turn right back around and drive back to the restaurant telling my manager again I want the insurance. He mumbles he'll get the paperwork to me the next day - the next day comes and goes and still no phone call or even text.
The weekend following the latest incident my manager starts insulting me in front of a new manager in an attempt to defame my character stating in regards to the position transfer he wasn't even sure if I was "competent enough to answer phone calls," although I'd been answering phones the week before and doing work the rest of the driver's never even do (prepping dough, cut table, answering phones, washing dishes, making sauce, etc). From there he gets the area coach (Benjamin Rivasplata) on the phone, who request to speak to me, and in our dialogue says if I want a position transfer write a formal reporting stating why. I do so and send it to him three days later via e-mail after meeting him face-to-face in store - but he never responds.
Three days later from the phone call with the area coach, Rivasplata arrives on the job asking me to have a seat with him and explain the situation. I explain to him the events that occurred and how I was concerned for my safety, to which he states he understands and asks me to take everything I told him and write it in a formal report so he can take it to the insurance company explaining why the papers to sign up for insurance were never processed within the 30 day time frame and to request re-consideration. I mention to Rivasplata verbally I feel I'm being sexually discriminated against by my manager (Ramirez), to which he quickly responds "well he's not working here anymore so that's no longer a concern" (my manager was transferred out to another location 2 days prior). So I write the report, sign off on it, date and time it. He shakes my hand, says good day, and I continue with my work for the rest of the night.
The very next day, I arrive at work to find Rivasplata there. This time, he's there to slap me with a suspension accusing me of violating company policy 960 "weapons," and accuses me of having a gun (firearm) in my car. He makes me sign off on a corrective action form, and leaves me with the option to fill out why I disagree with his statement (to which I do) but doesn't have a witness to sign off stating that both he and I signed off on the paper. Rivasplata then states he'll contact me within 7 days.
Four days later Rivasplata calls me asking to come to his office. I state I'm unavailable to make it that day, and instead meet him the next day. Because of the fact he's accusing me of carrying a weapon in my car which is also driven by my immediate family (my mother) who is the main owner of the vehicle, I bring along the family member as a witness to be present in the disclosure of the "resolution" Rivasplata has reached. He refuses to talk unless it's just him and I. So instead he says he'll mail the resolution via registered mail.
Four days later I receive a letter of termination from Rivasplata stating, and I quote verbatim these two excerpts: "This document is to inform you of the results of the investigation that began on Thursday, December 1, 2011, regarding possible violation of Company policy." and "Your employment with Koning Restaurants International, LLC is terminated effective December 2, 2011."
My question is, how on earth does an employee get suspended, an investigation gets carried out, and then the employee gets terminated, all within a 24 hour time period, yet they're informed three days later from the apparent "date of termination" to come in to hear the resolution, then mailed the resolution five days later, with a witness signature on the letter next to the supervisor's signature, but no employee signature? When before when I was suspended, there was no witness to sign off that I had been suspended? But now conveniently there's a witness to sign that I was informed of termination when I wasn't even present while the letter of termination was being signed off by the area coach Rivasplata?
How is it that I, as the one who's personal property (the vehicle) was being encrouched upon by a civilian, who in no way shape or form had to do with the delivery, am now being considered the villian? Even after such actions? When the entire time I was working there being the only female driver, I was doing more than my job description, was never late for work, and actually got commended for exceptional customer service by a customer I delivered to (by them calling in and informing my manager of the quality of service and being openly acknowledged for it by another shift manager who gave me an award in store).
It's downright ridiculous. I feel they used this incident, in order to fire me because they didn't like the fact I spoke out against what I believed was wrong and unethical. And now because of that my livelihood has been cut off. Could this possibly hurt me for future job placement? Because now I have a mark that I've been terminated on my file? Over a $5/hr job all because I spoke up? After they turned around and used information that I voluntarily offered against me? That would be crazy and a huge disadvantage to my character considering I've never been fired or suspended, let alone shown misconduct in any job before.
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This report was posted on Ripoff Report on 12/13/2011 05:06 PM and is a permanent record located here: http://www.ripoffreport.com/r/Koning-Restaurants-International/Miami-Florida-33169/Koning-Restaurants-International-Franchisee-of-Pizza-Hut-Benjamin-Rivasplata-Area-Coach-808956. 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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