Can Employee's Create Policies That Exceed Human Limitations?

[chrisban35]

I'm a waiter and my enterprise level company has a policy that holds me accountable for clients who leave without paying their bill. However, my duties require me to leave the floor, assist in other areas which means I cannot always be monitoring the floor. This means I am being punished for something which is outside the scope of human capability. I need advice on how to approach this with my HR department as I've received a coaching/counseling statement from my manager. To further this discussion, I'm their top performer who even trains staff and managers when they come. And this was a record breaking night when we were beyond our normal capacity and someone purposefully skated on a bill. Managers are given a budget to cover these items and normally it's covered that way. I don't want to say this manager was trying to gain some form of recognition, but that's how it feels. Again, I have a superior record, everyone knows that, even our HR manager, but the excuse which is the same most managers use is, "it's just policy". As if that supersedes all things... I need to know what are my rights? How can I determine how to fight back and potentially change this policy? I've properly not signed the document and filed a letter of grievance with HR manager and have a meeting this coming Tuesday. I'd like to know what labor laws covers policies that extend beyond human limitations and how I should approach this.

Thank you in advance for any help/advice given. I feel like there are many out there who face these same types of challenges. So bringing up this challenge I face, may help others out there who are facing the same type of challenges within their organization's unfair policies.

[PallasAthena]

Which country are you in?

[chrisban35]

United States - Virginia

[atticus]

Thanks - the question was asked as this is a UK law discussion forum. You will need to find a source of information in your jurisdiction.

[efpom]

Unfortunately, this site deals with the law in the United Kingdom.

Having said that:Virginia Code § 40.1-29(C) provides that “No employer shall withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of the employee.”

The above would refer back to your contract of employment if that contract is in writing, or any other written document that you signed. If no such "written authorization" exists, your employer is not entitled to make the deduction you describe from your wages.