B. F. Companies
Employee Handbook Revised April 2013
History Wendy’s is a publicly held corporation that owns and franchises restaurants comprising the third largest quick service hamburger chain in the world. The Wendy’s system was founded in 1969 by Dave Thomas, who wanted to provide, “The Best Bes t Burgers in the Business.” Mr. Thomas was so proud of his product that he named the first restaurant after his daughter, Wendy. The success of Wendy’s has been built on one mission: “Quality is Our Recipe.” Quality is found in every aspect of the Wendy’s system; in its product, service and certainly in its people. Your Wendy’s is an affiliate of B.F. Companies, which together currently own and operate over 160 Wendy's restaurants. restaurants. Ulysses L. “Junior” Bridgeman, President, President, and Paul Thompson, Vice-President, are committed to building a team that can provide quality products and services to our customers. References throughout this Handbook to "Wendy's" and "Company" refer to your restaurant, which is owned and operated by a B.F. Companies affiliate.
Mission Statement The primary objective of every Wendy’s employee must be to provide the highest quality service to each of o f our customers. At Wendy’s, we consider our customers to be our guests and pleasing our guests is our primary concern. We can provide provide the highest quality food, but unless that that food is served in a pleasant and cordial manner, manner, our customers customers will not be satisfied. satisfied. The obligation to see that our customers are are satisfied rests rests with each employee. Each employee must help help create an atmosphere atmosphere that our customers find appealing. Saying “hello” and “thank-you”, always smiling and being willing to assist the customer will help create this atmosphere. Wendy’s is a proud organization that is built upon the pride of the individual employees. The pride pride you demonstrate in dealing with our our customers customers tells those customers a great deal about the quality of our food and the quality of our service. Each employee must be constantly aware of the need to make customers feel that they are our welcomed guests.
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Vision Statement WE believe through dedication and teamwork, that WE will continue to deliver total quality above and beyond anyone’s expectations in everything WE do!
Introduction It is the policy of Wendy’s to make decisions based upon qualifications, competence and merit. Except where required required or otherwise permitted permitted or provided provided by law, employment practices will not be influenced or affected by an applicant’s or employees race, color, national origin, religion, sex, age, handicap, veteran’s status or other characteristic, characteristic, as protected protected by law. This policy policy governs governs all aspects aspects of of employment, including hiring, promotion, assignment, demotion, termination and other terms and conditions of employment. Wendy’s adheres to the employment-at-will doctrine, which essentially means that your employment is for an indefinite period of time and that you, as well as Wendy’s, are free to terminate the employment at any time and for any reason with or without cause, subject to notice requirements requirements described later in this Handbook. This Employee Handbook is designed as a guide to provide you with a general understanding of what is expected of you as an employee and what you can expect of Wendy’s. It neither constitutes constitutes nor is to be construed as, as, an express or implied implied contract of employment and the employment-at-will doctrine will control the employment relationship at all times. If you have any questions regarding policies and procedures refer to this manual for guidance. Wendy’s reserves the right to revise, supplement supplement or delete benefits, benefits, policies, procedures, procedures, provisions and guidelines guidelines in this manual, in whole whole or in part, at any time.
Workforce The workforce at Wendy’s is divided into Team Members, Team Leaders and Management. You will begin employment at Wendy’s as a Team Member. Team Leaders are experienced employees who are thoroughly proficient at all workstations and have demonstrated outstanding performance levels.
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Orientation Period Each new employee will be a probationary employee for the first twenty-eight (28) days of employment, employment, including the the date of hire. This period is designed designed to give you an opportunity to achieve satisfactory levels of performance, and to determine if the position meets your expectations. Prior to the end of the orientation period, the General Manager will review any performance opportunities and/or issues with you. This discussion is neither intended to, nor to be construed as, any assurance of continued employment.
Training As a new Team Member, you will be trained to handle all aspects of your job through the use of DVDs, training guides and on-floor instructions by Team Leaders, experienced Team Members or members of Management.
Resignation Policy Because your employment is at-will, you may voluntarily terminate your employment at Wendy’s at anytime, however, one week prior written notice is required and you must fulfill the obligations of this notice by working all scheduled hours unless instructed by a manager otherwise. otherwise. Failure to give proper written written notice will result in a reduction of wage rate to the current hourly minimum wage on your final paycheck. You are required to return any Wendy’s uniforms or property upon receipt of your final paycheck.
Holidays Team Leaders will receive the following holidays with pay (8 hours): Thanksgiving Day and Christmas Day. In order to receive pay for a holiday, you must work your scheduled shift immediately before and after the holiday.
Vacation Team Leaders are entitled to a one-week annual vacation with pay after they have completed one one (1) year of continuous regular employment. employment. Vacation pay will be 4
determined by the average hours worked in the four weeks preceding the vacation. Vacation pay is an active employee benefit. Vacation pay is subject to to all authorized payroll payroll deductions. If a regular holiday falls within your scheduled vacation, you will be paid for the holiday in addition to your earned vacation. vacation. You will not be able able to schedule another day for the holiday. holiday. Unused vacation days may not be carried over.
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Food Team Members are entitled to a 50% discount on one meal. This meal can be eaten during a break period or immediately before or following a work shift. Discounted meals must be eaten on the premises. No competitor’s products or unapproved products may be brought into the restaurant at any time.
Meal Periods and Breaks You are allowed a half-hour unpaid lunch break after each five hour work period. For specific Federal & State regulations refer to the employee poster in the employee break area. You must punch in and out when taking this break. You are permitted to leave the premises.
Insurance There are optional insurance benefits available for Team Members and Team Leaders. Ask your manager for information information about the most current benefits benefits program.
Crew Incentives The following is a list of crew incentives & benefits that are available to all employees. It is important that our current employees are aware of what the Company has to offer in order to aid in crew retention. It is equally important that we communicate these incentives to potential employees during the interview process to give us that edge over our competitors in attracting new hires. Crew Benefits and Incentives: • • • • • • • • • • • • •
Comprehensive Training Competitive Wages Flexible Scheduling Full or Part-time Part-time opportunity Optional Health Insurance Uniforms Meal Discounts Crew Recognition Program (pin program) Opportunity for advancement Informational Crew Meetings Employee of the Month Program Speak Out Program Incentive Contests with prizes 6
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Great Grades Program College Text Book Program Crew Referral Program Company Shoe Program Tickets for special events Sales and Service Time rewards
For information or details on any of these programs or incentives, please contact your District Manager.
Worker’s Compensation Wendy’s maintains workers’ compensation insurance, which covers job-related injuries or illnesses that you might sustain. It is important that you immediately report any job-related job-related injury or illness, however however slight, to the manager on duty. Failure to report an injury or illness may jeopardize your ability to qualify for compensation. The filing of a fraudulent worker’s compensation claim is a very serious matter. In the event that Wendy’s has reason to believe a fraudulent claim has been filed, Wendy’s will pursue a formal complaint with the proper authorities and an investigation may be conducted. conducted. Such investigation investigation may result in civil and/or criminal criminal prosecution, prosecution, as authorized by law.
Employee Safety Responsibilities Responsibilities and Safety Rules Every Wendy’s employee must accept responsibility for his or her own safety, as well as the safety of co-workers, visitors, property property and equipment. equipment. Basically, it is a matter of common sense, but you are expected to protect yourself, your co-workers and visitors by: Becoming familiar with Wendy’s safety policies and rules as they relate to your duties and actively supporting them. Observing all safety practices and adhering to all safety rules while performing your job. Participating in safety training as required by Wendy’s. Watching for and reporting to the manager on duty any and all hazardous conditions and/or practices, including unsafe practices of your co-workers, which could cause injury or damage to individuals, property or equipment. Keeping equipment and work areas in good repair and immediately reporting to your supervisor if any equipment does not work. •
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Using safety equipment when you are involved in tasks or assignments that require the use of safety equipment. Reporting any injury occurring while on duty, no matter how slight, to the manager.
In addition, at no time will anyone be allowed in the restaurant work areas other than scheduled employees. Individuals who are not an employee or vendor of Wendy’s are not allowed behind the counter without first showing proper identification. Any violation of or the failure to follow the above safety rules can lead to disciplinary action up to and including termination.
Merit Pay Wendy’s believes in the concept of merit pay based bas ed on your individual efforts and contributions to the good of the business. Wendy’s reviews reviews job positions positions and if new and expanded duties are assigned, or if duties are reduced, it may, at its sole discretion, adjust your compensation accordingly.
Performance Reviews Team Members and Team Leaders will receive annual annual reviews. Your attendance, appearance, work attitude and job performance will be discussed privately with a member of Management utilizing a written crew performance appraisal. Your wage increase will be determined by how well you have performed in the previous twelve months.
Raises Wage increases are generally granted granted at performance performance review time. time. You may be eligible for an increase of up to twenty-five (25) cents per hour until you have reached the top of the hourly pay scale. The top of the hourly pay scale is $10.00 per hour. hour.
Flexible Hours Hours of work can be tailored tailored to meet your schedule. schedule. Each restaurant has a daydayoff request process. Requests must be submitted by the Tuesday of the week prior. Schedules will be posted on Thursday by 5 p.m. for the following week (Monday through Sunday). You are expected to report to work work for all scheduled shifts.
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Overtime For any hours worked in excess of forty (40) hours in one week, you will be paid time and one half.
Schedule Changes No schedule changes such as exchanging shifts should be made without approval of the shift manager. manager. You are expected to show up for your shift shift as scheduled.
Attendance Policy Good attendance is important to any job. job. Prior notification notification of your absence is very important; if you must be absent we ask that you conform to the following attendance standards: •
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If you must be absent, you must notify the manager on duty at least six (6) hours prior to your scheduled scheduled start time. time. If you are going to be late for work, notify the manager as soon as possible, so that arrangements may be made to cover your shift until you arrive. Failure to call or show up for your shifts as scheduled could result in suspension or termination.
Repeated absenteeism and tardiness will not be tolerated and could lead to disciplinary action up to and including suspension and or termination.
Jury Duty Wendy’s encourages its employees to participate in the judicial process when called for jury duty. If you receive a jury jury summons, you you must present the summons summons to the General Manager at least three (3) days prior to the date on which jury duty is to commence. Failure to provide adequate notice of jury jury duty will render render time missed missed for jury duty as unexcused absences. You may be required to submit proof of jury service upon returning to work.
Employee Status Changes It is very important that you notify Wendy’s of any change in your current address, phone number, number, name, or dependant status. This may be done by giving giving the corrected information to your General Manager. 9
Time Keeping You are required to use the register to record the time you have actually worked. You are responsible for punching in and out at the beginning and end of your shift and for breaks. You must be in uniform and ready to work work when you you punch in. You are not allowed to punch another employee in or out at any time. Upon the completion of your shift you are to leave the restaurant’s work areas. You are not permitted to be inside the restaurant except during periods of work and during periods when you are in the restaurant as a customer.
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Payday You will be paid every other week on the designated payday. Please do not call your District Manager Manager to receive your check check at an earlier time. time. Paychecks can be picked up during non-rush periods.
Paycheck Errors Each employee is responsible for keeping his/her receipts of hours worked from the registers. Any paycheck errors, errors, regardless of whose whose favor they are in, are are required to be reported immediately by the employee to the General Manager or District Manager. If the error error results in a shortage shortage in pay, an additional check making making up the difference will be issued to the the employee as soon as possible. If the error is an overage overage of pay, the employee is responsible for refunding the overage to the Company.
Deductions for Cash Register Shortages A "cash register shortage" means that the amount of cash in a cash register at the end of an employee's shift is less than (i) the total amount of cash sales made during the employee's shift, plus (ii) the amount of cash left in the register drawer at the beginning of the employee's employee's shift. If a cash register shortage occurs, the the amount of the the shortage will be deducted from the employee's next paycheck to the extent (i) it does not reduce the employee's wages below applicable minimum wage on average for all hours worked during the period covered by the paycheck (if the full amount of the shortage cannot be deducted because it would reduce the employee's wages below minimum wage, the balance of the shortage will be deducted from the employee's future paycheck(s) until recovered in full (subject to the foregoing minimum wage limit)), and (ii) the employee has signed a written authorization to deduct the shortage in accordance with applicable state law, and (iii) it is permitted by and done in accordance with applicable state law. Cash register shortages will NOT be deducted from overtime pay.
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In the states of Kentucky, Tennessee and Florida, employees will be asked to sign an authorization form form when hired. The authorization form will be presented presented to you at orientation. In Wisconsin and Illinois, the employee employee assigned to the the register where where a cash register shortage occurs will be asked to sign an authorization form AFTER the shortage occurs and BEFORE a deduction from wages is taken.
Cash Advances or Loans It is Wendy’s policy not to make loans or to provide payroll cash advances to its employees under any circumstances.
Dating Policy While the Company does not encourage dating between Team Members, the Company does not prohibit Team Members from dating, but only if such dating is kept OUTSIDE the workplace and does not adversely influence or interfere with job performance. Team Members are forbidden to date Team Leaders, Shift Managers, Assistant Managers, Co-Managers or the General Manager from ANY B.F. Companies restaurant, including the restaurant at which they work.
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Personal phone calls may only be made, or received, with permission from the manager. Cellular Phones are not to be used by Team Members or Team Leaders during working hours. Cellular phones are to be silenced during working hours. Texting is prohibited. Use of camera phones is prohibited.
Receipt of Company Property Any employee who receives any form of Company property for use in his/her job is responsible for the property and required to return the property to the Company in good condition and repair, ordinary wear and tear excepted immediately upon termination of employment for any reason. Each employee will be required to sign a receipt for such property in the form attached at the end of this Handbook in the section entitled "Forms". 12
Smoking Policy Smoking is is not permitted permitted while while working. working. During breaks breaks you may smoke smoke in designated smoking smoking areas outside the restaurant. Smoking is not permitted permitted in the restaurant.
Solicitation Policy Solicitation of any kind is not allowed allowed in the workplace. Customers are not allowed to solicit to other customers or employees and Wendy’s employees are not allowed to solicit to co-workers or customers. customers. The distribution of literature literature of any type type is also not permitted.
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Weapons Policy In order to maintain a safe work environment, it is the policy of Wendy’s that no employee be permitted to possess or carry any weapon of any type, including a concealed firearm or other deadly weapon on Company premises at any time or under any circumstances. circumstances. "Company premises" premises" means and includes includes the restaurant restaurant building building and the parking lot. Any violation of this this policy will result result in immediate termination termination and prosecution where provided by law.
Alcohol and Drug Abuse Policy Employees who use illegal drugs or abuse alcohol tend to be less productive, less reliable, and more prone to accidents and generally have higher levels of absenteeism and tardiness. tardiness. Wendy’s is committed committed to maintaining maintaining a workplace for its employees that that is free from such drug and alcohol use use or abuse. Wendy’s will not tolerate the use or possession of alcohol, illegal drugs or controlled substances on its premises. We also will not allow persons “under the influence” or appearing to be “under the influence” to work. To assure compliance with with this policy, policy, the following rules rules apply: •
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The manufacture, possession, distribution, transfer, sale, use of or being under the influence of alcoholic beverages or illegal drugs or controlled substances, on Company premises, during working hours, while conducting Company business or while operating a vehicle or machine leased or owned by Wendy’s is prohibited. If you suspect that a co-worker is violating this policy, it is your responsibility to report this activity immediately to the manager on duty or to the Speak Out Hotline at 1-888-9-SPEAK 1-888-9-SPEAK OUT (1-888-977-3256). (1-888-977-3256). Your report report will remain confidential. Wendy's may, without notice, require an employee to undergo testing for evidence of the use of alcohol, illegal drugs or other substances if, in the opinion of Wendy's management, there is reasonable suspicion that the employee is under the "influence." It is a condition condition to continued continued employment employment for an an employee to to submit to substance abuse testing (i) when the employee is involved in an accident, (ii) as part of a follow-up program for drug or alcohol abuse, and (iii) when there is reasonable suspicion to believe that the employee is illegally using drugs or abusing alcohol. Any employee who violates this policy is subject to disciplinary action up to and including immediate termination.
Personal Hygiene and Dress Code
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Personal appearance and good hygiene are important in the food service business. The following are Wendy’s standards for dress and personal hygiene that must be followed by all Team Members and Team Leaders:
Uniforms Wendy’s will provide you with with shirts, hats, aprons and a nametag. It is your responsibility to keep these items clean and neat. All uniforms supplied by Wendy’s must be returned upon termination of employment. •
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Employees are required to wear an authorized Wendy’s uniform, which consists of a shirt, hat, apron, apron, nametag, proper pants, socks socks and shoes. All parts of the uniform should be clean and in good repair and worn during all hours of work. Management reserves the right to prohibit any items considered obscene or offensive, including but not limited to tattoos, piercings, hair, apparel or jewelry. Shirts must be tucked in. Pants should be a dress-style and black , in good repair and without ornamentation. The following types are NOT NOT permitted: - Cargo-style - Denims or Jeans - Shorts - Stretch - Athletic - Capri’s Belts should be worn if pants have belt loops. Pants must be worn at or above the waist. Shoes must be slip resistant , Shoes must be dark colored and have a solid or leather “upper” closed area. Socks must be worn. Jewelry should be kept to a minimum. The following following criteria criteria regarding jewelry will be upheld in compliance with Safety and Food Safety Standards and should not be deemed offensive to our customers. - Earrings should not be larger than a nickel. - Necklaces may not be worn on the outside outside of the shirt. Hats or visors must be worn by all Team Members and Team Leaders during work hours. Skull caps or ‘do rags’ are not permitted. Only clean Wendy’s sweaters, sweatshirts and jackets may be worn over the uniform during work hours. It is permissible to wear a clean, dark color, long-sleeved turtle-neck beneath beneath the uniform shirt in cooler weather .
Personal Hygiene
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Good personal hygiene practices are a must for ensuring that we are serving our guests the safest food possible. possible. They are also an example example of respect towards towards our fellow coworkers and contribute to a clean wholesome image. The following practices apply to all Team Members and Team Leaders to promote good personal hygiene: • • • •
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Proper hand-washing procedures must be adhered to. Gloves must be worn when directly handling any food products. Employees must shower or bathe before coming to work. Deodorants, anti-perspirants, perfumes or colognes should be used if needed, but not in excess. Hair is to be clean and neat. It must be restrained (tied back or put up) if longer than the top of the shirt collar. Employees must be clean-shaven. Beards or goatees are not permitted. Mustaches and sideburns must be neatly trimmed. Fingernails must be clean and well kept for sanitary reasons. Employees wearing nail polish or false nails must wear gloves when handling food. All cuts, boils or open wounds must be properly bandaged and covered by gloves if they are on the hand. No gum chewing is allowed allowed during work work hours. Tobacco may not be used during work hours or at any time within the restaurant. Food and drink may only be consumed during non-work hours (while clocked out) in the dining room, employee break area, or outside. Coats, jackets, sweaters and any other personal belongings must be stored in approved areas areas away from food prep/storage. prep/storage. The Company is not responsible responsible for loss of or damage to personal belongings.
Any employee reporting to work without the proper uniform or failing to practice good personal hygiene will not not be allowed to work his/her his/her scheduled shift. Repeated offenses could lead to disciplinary action leading up to and including suspensions and termination.
Contagious Diseases As you will be involved in the handling of food, it is important that you do not work if you have contracted any contagious illness. illness. If you have a contagious illness, illness, you must notify the manager manager on duty duty immediately. immediately. This information information will be kept confidential if and to the extent possible.
B.F. Companies Food-borne Illness Guidelines 16
As a provider of millions of meals a day, Wendy’s strives to provide safe and wholesome food to our customers. customers. As an employee handling handling food for consumption consumption by our customers, you play a significant role in this process. For this reason it is very important for you to report any symptoms associated with food-borne illnesses, such as an intestinal illness (nausea, diarrhea, vomiting, jaundice, sore throat and fever) or skin infection (open boils, sores) to your General Manager, supervisor or person in charge, prior to starting your work day or immediately upon the onset of any of the above symptoms. Equally as important you should notify your supervisor if any person living in the same household with you has been exposed to or confirmed by a doctor to have any of the following food-borne diseases:
1) Salmonella, 2) Shiga toxin-producing E. coli, 3) Shigella, or 4) Hepatitis A 5) Noravirus
In either situation you may be asked to see a doctor, sent home depending upon your symptoms or be temporarily placed in a non-food handling position until you are free of the symptoms (in accordance with the FDA’s 2001 Model Food Code or the applicable State requirements, whichever is more restrictive) or obtain written authorization from a doctor allowing your return to work. Wendy’s goal is to serve wholesome food to the public and to guard against the likelihood of food-borne disease transmission. As a valued member of the Wendy’s team your assistance in achieving achieving this goal is essential. We appreciate your cooperation cooperation and understanding of this important aspect of Wendy’s business.
Employee Communication Meetings:
Employee meetings will be held to provide you with information about new products, procedures and policy changes. Your attendance at these meetings is very important. You will be paid for your time. time. Open Door Policy:
If you have any concerns or problems with your job, you are encouraged to discuss these situations situations with your your General Manager. Your General Manager has an 17
open-door policy and is willing to meet and discuss with you privately any concerns you may have. If after addressing your your concerns with your General General Manager you do not feel the situation has been resolved to your satisfaction, you are encouraged to contact your District Manager. Speak-Out Program:
The Speak-Out Program is designed so that you may take your ideas or concerns to a higher level. If you feel you you have tried to address address your issue with your General Manager and have not gotten a satisfactory response, you may contact your District Manager or you may also call the 1-800 number listed on the Speak Out poster located on the employee bulletin board in your restaurant. Your comments will be kept confidential to the extent possible and there will be no retaliation. Employee Bulletin Board:
This board is used to post announcements, work schedules, and other important notices. You should check this board daily. daily.
Social Media Policy While our employees are prohibited from using any social s ocial network or social media sites while at work, B.F. Companies recognizes that many of its employees use social media such as Facebook, Twitter, LinkedIn, YouTube and MySpace outside work. An Employee’s use of social media outside work could, however, become a problem if it: Is used to harass or discriminate against other employees or our guests Contributed to or creates a hostile work environment Divulges confidential information about the Company, our employees or our guests Harms the goodwill and reputation of the Company • • •
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In order to ensure that B.F. Companies and its employees adhere to their ethical and legal obligations, employees are required to comply with this Social Media Policy. The intent of the policy is not to restrict the flow of useful and appropriate information, information, but to protect the Company’s confidential information information and property, including trademarks, and to minimize the risk to the Company and its employees of unlawful discrimination, harassment and invasion of privacy. The Company’s Social Media Policy applies to all forms of online communication and conduct. Accordingly, employees must follow the 18
following rules when posting on any social networking or media site at any time, including without limitation, any blog: 1. DO NOT disclose or discuss confidential, proprietary or private information about the Company or its business plans or projects. 2. DO NOT use the Company’s name, trademarks, logos or other indentifying marks. 3. DO NOT post a picture of any of the Company’s restaurants, any Company function or the Company’s trademarks, logos or uniforms. 4. DO NOT imply or state that you represent the Company or that you are expressing the opinion of the Company in any manner. 5. DO NOT post any comment, description or picture whatsoever involving a guest. 6. DO NOT post pictures, material or comments that are obscene, vulgar, unlawfully defamatory, malicious, threatening, harassing, discriminatory or abusive about or to any Company employee or guest, or involving any of the Company’s vendors or contractors. YOUR ONLINE CONDUCT MUST NOT VIOLATE THE COMPANY’S POLICIES PROHIBITING DISCRIMINATION, DISCRIMINATION, HARASSMENT AND OTHER PROHIBITED CONDUCT. 7. DO NOT reveal any personal information of or about other employees. 8. DO NOT post a picture of any other employee without his/her express consent. 9. Any comments posted about other employees should be dignified and respectful. 10.DO 10. DO NOT disparage any of Wendy’s competitors, or the competitors products, services or employees. 11.DO 11. DO NOT engage in conduct online that creates a conflict of interest or otherwise harms the Company’s business interests. 12.DO 12. DO NOT engage in conduct online that violates any federal, state or local laws. 13.BLOGS: 13. BLOGS: Employees who blog: Are subject to all of the rules in this Social Media Policy; Are personally and legally responsible for the content of their blogs; May NOT imply or state that they represent the Company or that they are expressing the opinion or views v iews of the Company; Should act professionally: do not post anything that will embarrass, insult, demean or damage the reputation of other employees or guests. 14.DO 14.DO NOT forget that you are responsible for what you write or post on social media. You can be sued by other employees or any person who views your posts as harassing, defamatory, defamatory, libelous or creating creating a hostile work work environment: YES, your online conduct away from work can create or contribute to a hostile environment at work. • • •
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If your online communications adversely affect work relationships, you could be subject to discipline up to and including termination. 15.Your 15. Your conduct and communications online can become evidence and be considered by the Company in any internal investigation of claims made against you by employees, vendors, suppliers and/or guests alleging discrimination, sexual harassment and other conduct prohibited by the Company. 16.Any 16. Any employee who violates this Social Media Policy may be subject to disciplinary action, up to and including i ncluding termination. 17.If 17. If you are uncertain about the use or appropriateness of social media posting, or if you have any questions about this Social Media Policy, talk to your manager or call Dale Bruner in the Company’s Nashville office at 615-399-9700 or the Company’s legal department in the Louisville office at 502-254-7130. •
Your Confidential Information In order to protect your privacy, except as otherwise required by law, Wendy’s will not divulge information about your employment except name, job title, hire date and termination date, date, if applicable. Your address, telephone telephone number and compensation will not be provided unless you have given prior written permission, or as required by law.
Employee Counseling Wendy’s Counseling Program has been instituted to make sure that you understand what is expected expected of you. It is designed to encourage encourage individual employees employees to maintain an acceptable acceptable level level of conduct rather than to punish them. them. Wendy’s Counseling Program may take the following steps: A verbal warning A written warning A second written warning Suspension and or termination Each circumstance is unique and depending upon the facts of the case, any or all of the above steps may may be by-passed by-passed by Wendy’s Wendy’s should it be deemed deemed appropriate. appropriate. If an employee refuses or fails to sign a written warning, the warning is still valid and will be kept in the employee's personnel file.
Sexual and Other Unlawful Harassment
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THE COMPANY ABSOLUTELY PROHIBITS ANY FORM OF SEXUAL OR OTHER HARASSMENT BY ANY PERSON IN THE WORKPLACE (INCLUDING EMPLOYEES, MANAGERS, CUSTOMERS, SUPPLIERS, VENDORS AND CONTRACTORS), WHETHER DIRECTED AT ANOTHER EMPLOYEE, A CUSTOMER OR A COMPANY VENDOR, SUPPLIER OR CONTRACTOR.
Sexual harassment is defined as any unwelcome sexual advance, request for sexual favors, and other verbal or physical conduct of a sexual nature in the workplace. Submission to or acceptance of this behavior or to any other unwelcome verbal or physical condition of a sexual nature is not a condition of employment. It is a form of illegal sexual harassment prohibited by state and federal law and will not be tolerated by the Company under any circumstances. Sexual harassment includes : •
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Unwelcome conduct of a sexual nature that interferes with another person’s work performance performance or creates an intimidating, intimidating, hostile or offensive offensive work environment. Such conduct includes unwelcome sexual propositions, pornography, vulgar language, sexual touching, degrading comments and embarrassing questions or jokes. Personnel decisions (i.e. promotions, raises, scheduling) made by a supervisor based on the employee’s submission to or rejection of sexual advances. Submission to a sexual advance as a condition of keeping or getting a job, whether or not expressed in explicit terms.
ALL CONDUCT OF A SEXUAL NATURE, INCLUDING JOKES AND VULGAR LANGUAGE, BELONGS OUTSIDE THE WORKPLACE AND WILL NOT BE TOLERATED BY THE COMPANY. If you are subjected to or experience any form of sexual harassment or if you observe sexual harassment occurring around you (even if you're not the object of the harassment) at the workplace (whether by another Company employee or official, or by any supplier, contractor or customer of the Company): •
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You are REQUIRED to promptly report the harassment to the Company by calling the Speak Out Hotline at 1-800-9-SPEAK OUT (1-888-9773256). You are encouraged to call the Hotline, as it is answered 24 hours per day, 7 days per week. If you are not comfortable calling the Speak Out Hotline, you may also report the sexual harassment to your District Manager, your Director of Area Operations or to the Company's Human Resources Director or Corporate Counsel. Telephone numbers for each each are listed on the employee bulletin board in your restaurant. 21
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You will be required to either prepare and submit a written statement describing the incidents of harassment or to give a statement to the Company official assigned to investigate your claim. The Company will take immediate steps to investigate all claims made. The Company will take appropriate corrective actions for all substantiated claims. Your claim will be kept confidential except and to the extent needed to investigate the claim. No form of retaliation against you for making the claim in good faith will be tolerated by any Company official or employee. Any Company employee or official found to have engaged in any form of sexual harassment is subject to disciplinary action, including without limitation verbal warnings, written warnings, suspension without pay, reassignment, demotion and termination. The current names and telephone numbers of your District Manager, Director of Area Operations and the Company's Human Resources Director and Corporate Counsel are listed on your employee bulletin board.
Similarly, any verbal or physical conduct of a racial, religious, ethnic, age, or handicap nature will will not be tolerated tolerated by the Company under any circumstances. circumstances. This includes verbal slurs. Harassment of this type type also unreasonably creates an intimidating, hostile, and offensive work environment . If you are subjected to or experience or observe any form of verbal or physical conduct of a racial, religious, ethnic, age or handicapped nature, you are required to report it in the same manner as above provided for claims of sexual harassment.
Rules of Conduct There are certain accepted standards of conduct and behavior that all employees must observe in order to preserve and ensure the safe, efficient and successful operation of Wendy’s. Wendy’s. In order to assist you you in understanding understanding what Wendy’s Wendy’s expects of you in this respect, and in addition to any other policies set forth in this Handbook, the following rules have been established as examples of unacceptable conduct which may result in immediate immediate termination. This list is not intended intended to be all-inclusive, and there are other acts that could subject an employee to immediate termination. • •
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Falsifying or tampering with any restaurant record. Abuse or misuse of restaurant property or the property of other employees or customers, including the giving away of food without payment. Theft of Wendy’s property or the property of other employees or customers. Consuming, selling or possessing alcoholic beverages or illegal drugs on the restaurant premises or reporting to work under the influence of either. 22
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Immoral or indecent behavior on the restaurant premises. Insubordination or argumentative reluctance to perform duties assigned to you. Disrespect towards customers and/or physical violence towards a customer. Willful refusal to follow safety rules. Physical violence on restaurant premises. Falsification of your employment e mployment application. Falsification of hours worked or punching another employee in or out. Dishonesty Gambling on restaurant premises. Use of Wendy’s supplies, equipment or property for personal reasons without prior specific authorization. authorization. Sleeping on the job. Leaving the restaurant premises without being properly relieved of duty. Conviction of a felony or a misdemeanor involving force or dishonesty. Failing to cooperate with a Wendy’s representative in any investigation, including the investigation of any suspected criminal act. Failing to observe established fire, safety, security, civil defense, OSHA, or other similar rules and practices. Making or publishing false, vicious or malicious statements about Wendy’s or any of its employees or management. Fraternization or dating in violation of the rules set out in this Handbook. Engaging in conduct which constitutes sexual harassment or any other form of harassment, whether directed at another Wendy's employee, a customer, vendor, supplier or contractor. Disclosure of any confidential information regarding the Company, including but not limited to financial data, customer plans, specifications and formulas, customer lists, technology and processes.
Employee Rights and Responsibilities under the Family and Medical Leave Act ("FMLA") Wendy's is a "covered employer" under the FMLA, and complies with the requirements of the FMLA. FMLA. Your rights rights and responsibilities responsibilities under the FMLA are described in this section . Basic Leave Entitlement Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons: For incapacity due to pregnancy, prenatal medical care or child birth; To care for the employee's child after birth, or placement for adoption or foster care; • •
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To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or For a serious health condition that makes the employee unable to perform the employee's job.
Military Family Leave Entitlements Entitlements Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember servicemember is a current member of the th e Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. Benefits and Protections During FMLA leave, the employer must maintain the employee's health coverage under any "group health plan" on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start start of an employee's employee's leave. Eligibility Requirements Requirements Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.
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Definition of Serious Health Condition A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, pregnancy, or incapacity incapacity due to a chronic condition. condition. Other conditions may meet the definition of continuing treatment. Use of Leave An employee does not need to use this leave entitlement in in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt disrupt the employer's operations. operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. Substitution of Paid Leave for Unpaid Leave Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA FMLA leave, employees employees must comply with the employer's normal paid leave policies. p olicies. Employee Responsibilities Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee employee must provide notice as soon as practicable and generally must comply with an employer's normal call-in procedures .
Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information information may may include that the employee is unable unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military military family family leave. Employees also must must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to to provide a certification certification and periodic recertification recertification supporting supporting the need for leave. leave. Employer Responsibilities Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, are, the notice must must specify any additional information information required required 25
as well as the employees' employees' rights and responsibilities. responsibilities. employer must provide a reason for the ineligibility.
If they are not eligible, the
Covered employers must inform employees if leave will be designated as FMLA protected and the amount of leave counted against the t he employee's leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee. Unlawful Acts by Employers FMLA makes it unlawful for any employer to: Interfere with, restrain, or deny the exercise of any right provided under FMLA; Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. • •
Enforcement An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against against an employer.
FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights. FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice. Regulations 29 C.F.R. C.F.R. § 825.300(a) may may require additional disclosures.
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Receipt of Employee Manual I hereby acknowledge that I have received a copy of the Wendy’s Employee Handbook, I have reviewed the policies and procedures contained therein and that I understand them. them. I also agree to abide by the the policies, procedures, procedures, practices, rules rules and regulations described in this Handbook. In addition, I understand understand that this Handbook is not intended as an express or implied contract of employment and should not be construed as such. such. Wendy’s reserves reserves the right to revise, supplement or delete any benefits, policies, procedures, provisions and guidelines in this Handbook, in whole or in part, at anytime. I further understand that Wendy’s adheres to the “employment-at-will” doctrine, which essentially means that I, as well as Wendy’s, am free to terminate this employment relationship at any time for any reason, with or without cause, but subject to prior written written notice from me if I terminate my employment. I understand that my employment is for an indefinite period of time. time. The employment-at-will employment-at-will doctrine will will govern my employment at Wendy’s and our relationship so long as I am an employee. By my signature, I acknowledge that Wendy’s will rely upon the representations and agreements which I have made herein.
Miguel
Villanueva
Employee Signature 391195062
Employee Social Security No . 07/12/2015
Date
Retain in Employee File
Revised April 2013
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