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Ventana del Soul's Employee Handbook
TABLE OF CONTENTS
INTRODUCTION
I. EQUAL OPPORTUNITY
A. EQUAL OPPORTUNITY POLICY
B. AMERICANS WITH DISABILITIES ACT
C. NO HARASSMENT POLICY
II. ATTENDANCE
A. ATTENDANCE POLICY
B. HOURS OF WORK
C. VACATION
D. SICK LEAVE
E. MILITARY LEAVE
F. JURY DUTY
G. PERSONAL LEAVES OF ABSENCE
H. RETURNING FROM LEAVE OF ABSENCE
I. AUTHORIZATION FOR ABSENCE
III. PAYROLL POLICY
IV. WORK RULES, CONDUCT, AND AUTHORITIES
A. RULES
B. MEDIA AND GOVERNMENTAL AUTHORITIES
C. POLITICAL ACTIVITIES
D. SPONSORED PROJECTS
E. FINANCIAL MATTERS
F. ADDITIONAL RESPONSIBILITIES OF MANAGERS AND SUPERVISORS
V. YOUTH INTERACTION
A. YOUTH MISTREATMENT
B. RULES
VI. SAFETY
VII. APPEARANCE, DRESS, AND HYGIENE
VIII. SUBSTANCE POLICY
A. DRUG ABUSE POLICY
B. SMOKING POLICY
IX. SOLICITATION
A. EMPLOYEES
B. NON-EMPLOYEES
X. SECURITY
XI. COMPUTER AND TELEPHONE POLICY
XII. CREDIT CARD POLICY
XIII. TRADE SECRETS
XIV. EMPLOYEE COMPLAINTS
XV. PERSONNEL FILES POLICY
XVI. ALCOHOL SERVICE POLICY
XVII. CONFIDENTIALITY POLICY
XVIII. TERMINATION OF EMPLOYMENT
XVIV. DISCRIMINATION POLICY
SECTION I. EQUAL OPPORTUNITY
A. EQUAL OPPORTUNITY POLICY
Ventana del Soul is an equal opportunity employer. Applicants and employees
will be considered equally unless there is an occupational skill required, or
a disability prevents the applicant or employee from performing an essential
function of the job, with or without reasonable accommodation, or from performing
the job in a safe manner.
B. AMERICANS WITH DISABILITIES ACT POLICY
Pursuant to the Americans with Disabilities Act (ADA), no qualified individual
with a disability shall be subjected to discrimination in selection, promotion,
discharge, compensation, training or other terms or conditions of employment
on the basis of having a disability or record of a past disability. The law
and Ventana Del Soul’s ADA policy also prohibit treating an individual
as disabled through stereotyping or assumptions about physical or mental conditions,
real or perceived.
Ventana del Soul will make reasonable accommodation to known physical or mental
limitations of a qualified employee having a disability, which would enable
the individual to perform the essential functions of their desired or current
position, as long as the accommodation can be provided without undue hardship
to Ventana del Soul and without a direct threat to health or safety.
You must inform the local HRA of your disability and the functional limitations
for which the accommodation is requested. Requests for an accommodation are
voluntary.
Each request for accommodation will be addressed on a case-by-case basis.
C. NO HARASSMENT POLICY
It is the policy of Ventana del Soul that it will not tolerate harassment of
our employees. The term “harassment” includes, but is not limited
to, slurs, jokes, and other verbal, graphic or physical conduct relating to
an individual’s race, color, sex, religion, national origin, citizenship,
age or disability. “Harassment” also includes sexual advances, requests
for sexual favors, unwelcome, or offensive touching and other verbal, graphic,
or physical conduct of a sexual nature.
If you feel you are being harassed in any way by another employee, or by a
customer or vendor, or anyone with whom you come in contact during your work,
you should make your feelings known immediately. You may report harassment to
your supervisor or any member of management. There is no single person to whom
you have to report your complaint.
Harassment is unequivocally prohibited when:
§ Submission to the conduct is made either an explicit or implicit condition
of employment;
§ Submission to or rejection of the conduct is used as the basis for an
employment decision affecting the harassed employee; or
§ The harassment substantially interferes with an employee’s work
performance or creates an intimidating, hostile or offensive work environment.
Rest assured that you will not be penalized in any way for reporting harassment
concerning yourself or any other person. Ventana del Soul will take immediate
action to punish anyone who seeks reprisal as a consequence of harassment being
reported.
All harassment complaints will be thoroughly investigated, and when appropriate,
corrective action, including disciplinary action, will be taken. We consider
harassment to be a major offense, which can result in the suspension or discharge
of an offender.
Do not assume that Ventana del Soul is aware of your problem. It is your responsibility
to make known your complaints and concerns so that they may be resolved. If
you have reported harassment and are dissatisfied in any way with the action
taken, immediately report your dissatisfaction to a higher authority.
SECTION II. ATTENDANCE
A. ATTENDANCE POLICY
All employees are expected to arrive on time, ready to work, every day. If
you are unable to arrive at work on time, or must be absent for an entire day,
you must contact your supervisor as soon as possible. Leaving a message with
a co-worker is not acceptable. Excessive absenteeism (excused or unexcused)
or tardiness will result in discipline up to and including termination.
B. HOURS OF WORK
It is Ventana del Soul’s policy to establish working hours as required
by work load and production flow. There are different jobs in Ventana del Soul
requiring different hours of work. An employee’s work schedule will depend
on the task(s) to which he or she is assigned.
Overtime may be scheduled when approved by a supervisor. The use of overtime
will be limited to that absolutely essential for job accomplishment. Overtime
will be paid in excess of forty hours per week at one and one-half times the
employee’s hourly rate.
The work week begins on Sunday. Rest breaks are considered as time worked but
lunch periods are not. Employees are not permitted to work before their scheduled
starting time or continue to work after their normal quitting time without the
prior approval of the supervisor.
C. VACATION
Ventana del Soul recognizes paid vacations for all full-time employees.
Length of vacation:
· 5 days after completing 1 year of continuous employment.
Employees who are terminated will not be eligible for any vacation. Employees
who leave employment voluntarily or who are terminated will not be eligible
for any vacation pay.
D. SICK LEAVE
Ventana del Soul recognizes paid sick leave for all full-time employees. Employees
who feel ill should report this fact to their immediate supervisor. Some illnesses
may be food borne and present a danger to our guests.
Length of leave:
· 1 day after completing 60 days of continuous employment.
Employees are not eligible for any sick leave pay on termination.
E. MILITARY LEAVE
Any employee enlisting or entering the military service of the United States,
pursuant to the provisions of the Uniformed Services Employment and Re-employment
Act, as amended, will be granted all rights and privileges provided by the Act.
F. JURY DUTY
Employees will be allowed unpaid leave to serve on jury duty. Employees must
notify their supervisor when summoned for jury duty. Employees are expected
to keep their supervisor informed as to the expected length of service on the
jury and to be available for return to work at the conclusion of the trial.
G. PERSONAL LEAVES OF ABSENCE
All requests for a personal leave of absence must be in writing and include
the reason for the absence and the amount of time requested. All requests must
be submitted with sufficient lead-time for approval prior to your leave of absence.
Employees on leave of absence will not be eligible for any pay or Company-provided
benefits. Personal leaves of absence are not encouraged and will be considered
only in unusual or emergency situations. No personal leave of absence for non-medical
or non-disability reasons may exceed thirty (30) calendar days or the maximum
number of days permitted under any applicable state or federal law, whichever
is greater. Employees may take a personal leave for the death of an immediate
family member, not to exceed three days. All personal leaves of absence are
subject to approval by the employee’s supervisor.
H. RETURNING FROM LEAVE OF ABSENCE
Any employee who fails to return to work at the expiration of a personal leave
of absence will be deemed to have abandoned their job, unless Ventana del Soul
is notified of a reason, satisfactory to management, for not returning to work
at the end of the leave of absence.
I. AUTHORIZATION FOR ABSENCE
Employees must call their immediate supervisor 1 day before you are scheduled
to work if you will not be in or will be late for work. To return to work from
an accident or medical leave, all employees must present a doctor’s release.
SECTION III. PAYROLL POLICY
Checks are issued by your immediate supervisor Bi - Monthly. Checks will not
be issued to employees other than those whose name appears on the check unless
written authorization with identification is provided. Any deductions from an
employee’s salary made in error will be rectified by the pay period following
notification of the error.
SECTION IV. RULES, CONDUCT AND AUTHORITIES
A. RULES
Violation of any of the following rules will subject an employee to discipline,
which may include written warning, suspension, or discharge. The gravity of
the offense and extenuating circumstances will be considered by Ventana del
Soul in determining the appropriate penalty, if any.
Disciplinary action for any of the following may consist of:
a. Oral reprimand
b. Written reprimand
c. Termination
1. Failure to observe Ventana del Soul's rules for traffic on Company property.
2. Use of foul and abusive language.
3. Creating or contributing to unsanitary conditions on Company premises.
4. Stopping work before break time, lunchtime, or quitting time, or repeated
tardiness or absence.
5. Habitual failure to punch in or out.
6. Personal work on Company time.
7. Carelessness, resulting in damage, destruction, or delay to work in progress,
materials or Company property, tools, equipment or the property of other employees.
8. Disregard of safety rules and common safety practices.
9. Engaging in dishonest acts, or conduct that appears to be dishonest.
10. Personal conduct at work that is dangerous to others.
11. Repeated productivity and workmanship not up to standard.
12. Failure to notify supervisor prior to being late or absent. Excessive or
consistent absenteeism or tardiness.
13. Not recording sales of Company product properly.
14. Reporting to work while under the influence of alcohol or drugs.
15. Unauthorized operation, repair of or attempt to repair machines, tools,
or equipment.
16. Sleeping during working hours.
17. Unauthorized personal use of a Company vehicle or other Company property.
18. Disorderly conduct or causing a disturbance on Company property.
19. Threatening or intimidating fellow employees.
20. Stealing private or Company property.
21. Gambling on Company property.
22. Deliberate destruction or abuse of Company or other employee’s property.
23. Processing, consuming, or distributing alcoholic beverages or controlled
substances while on Company property.
24. Reporting incorrect hours of work [or reporting incorrect tip income].
25. Intimidation or harassment of employees. Any employee who experiences conduct
of this sort must bring it to the attention of management.
26. Deliberately restricting production or abandoning the job.
27. Two consecutive unexcused absences without notification will be considered
as a termination/job abandonment.
28. Possession of weapons, explosives, or other dangerous items on Company
premises without notification.
29. Falsification of employment application or falsifying other Company records.
30. Insubordination. Refusal to obey orders or supervision or refusal to perform
job assignment.
31. Leaving Company premises without permission while on duty.
32. Misuse or alteration of containers or their contents.
33. Posting, altering, or removing any material on bulletin boards or on other
Company property.
34. Improper use of Company communications equipment such as radios, intercom,
speaker systems, computer systems, or telephones.
35. Violation of any safety regulation, including sanitation food safety regulations.
36. Violation of any security procedure.
37. Poor work ethic including: standing around and talking instead of working,
distracting others from their work, not cleaning after yourself, expecting others
to finish your work, inappropriate voice volume and failure to maintain a professional
appearance.
38. Refrain from any inappropriate discussion topics including, but not limited
to: politics, religion, medical history, wages, salary, employment status, socioeconomic
background
B. MEDIA AND GOVERNMENTAL AUTHORITIES
· Media – Refer representatives of the media to the Office
· Government Authorities – Refer government authorities to the
Office
· Attorneys – Refer outside attorneys to the Office. Do not provide
information to outside attorney unless directed to do so.
· Public Information Requests – Refer information requests to
the Office
C. MEDIA AND GOVERNMENTAL AUTHORITIES
You may participate in political activities if they do not interfere with your
job duties and Ventana del Soul operations. You may not use Ventana del Soul
personnel, funds, or other resources for any political activity or for political
contributions. You cannot represent that your personal political or religious
positions are the positions of Ventana del Soul. If you are elected to a political
office, you may not accept a salary for such public service.
D. SPONSORED PROJECTS
Federal and state laws determine Ventana del Soul policies for applying for
and conducting sponsored projects. You must comply with all laws and required
procedures related to fundraising and conflicts of interest. Except for conflict
of interest, these policies apply whether or not the project is externally funded.
Project dollars can only be spent in accordance with the purpose of the project
and its budget. You must keep accurate and timely records of time, effort and
budgetary expenditures. You must implement project management controls required
by the funding agency, federal or state law, and Ventana del Soul policy.
E. FINANCIAL MATTERS
Tips that are received over the counter or on credit cards will be distributed
as bonuses to workers on a monthly basis. Donations received through the Donation
Jar at the register will be counted and entered through the register as a “Donation”
at the end of each shift. Staple the Donation receipt from the register on top
of the Z report. You may not ask for or accept a gift that might influence or
appear to influence decisions you make in your job. You may not accept a gift
as a token of appreciation that has a value over $50. If a donor wishes to make
a cash gift to the Cultural Center record it as a donation on the cash register
and give the donor a receipt. Do not sign a contract or make an agreement, verbally
or in writing, on behalf of the Cultural Center with any party. Forward contracts
to the Office.
F. ADDITIONAL RESPONSIBILITIES OF MANAGERS AND SUPERVISORS
· Climate of Compliance – Create a department climate that promotes
both compliance and ethical behavior, and that encourages staff to report concerns
about suspected violations
· Role Model – Act as a role model for ethics and compliance.
Staff will follow the example you set.
· Training – Ensure that employees receive all the compliance
training that their job duties require. You are required to complete the training
prescribed for you.
· Performance Reviews – Include compliance expectations in performance
reviews, and administer appropriate disciplinary action, if it is required,
following Ventana del Soul policy.
SECTION V. CLIENT INTERACTION
A. CLIENT MISTREATMENT
An employee is required to report any client mistreatment, whether performed
by another client, another employee, a volunteer, or a contractor.
Client mistreatment includes any abuse, neglect or exploitation of a client:
• Abuse – an intentional, knowing, or reckless act or omission that
causes or may cause emotional harm or physical injury to, or death of, a client.
• Neglect – a negligent act or omission, including failure to comply
with an individual case plan, that causes or may cause substantial emotional
harm or physical injury to, or death of, a client.
• Exploitation – the illegal or improper use of a client or the
resources of a client, for monetary or personal benefit, profit, or gain.
B. RULES
1. Do not have sexual contact or sexual intercourse with a client.
2. Provide the necessary quality of supervision to avoid or prevent harm to
the client or any sexual contact between clients.
3. Ensure that you do not perform or fail to perform any action that results
in a breach of security or jeopardizes security of the cultural center;
4. Maintain an appropriate client relationship at all times. An inappropriate
client relationship includes but is not limited to the following:
• engaging in intimate oral communication with a client;
• engaging in intimate or personal written communication with a client;
• providing or exchanging pictures (e.g., photos, cartoons) with a client;
• providing a client with any contraband (e.g., illegal drugs or unauthorized
prescription drugs or medications, cell phone, cigarettes or other form of tobacco,
money, candy, soda, or any other item that is not permitted by Ventana Del Soul
policy, procedure, or practice);
• exploitation of client (e.g., using client labor to further private
interests, selling contraband, or soliciting loans or favors from a client);
or inducing (e.g., causing, persuading) or attempting to induce a client to
commit an unlawful act or to falsify information.
5. Do not participate in “horseplay” with a client. You are prohibited
from participating in rough or boisterous conduct for the purpose of amusement
(e.g., running, wrestling, or practical jokes).
6. Do not yell, scream, curse, or use any improper language in front of a client
or to taunt, provoke, or intimidate a client. You are prohibited from using
profanity or intimidation to manage client behavior. You must use concern, empathy,
respect and fairness when dealing with client and client issues, including all
verbal and non-verbal interactions.
7. Intervene, as practical, when you observe client mistreatment or client
misconduct. It is your responsibility to intervene, as practical, when you:
• know that a client is being mistreated by another client, another employee,
a volunteer, or a contractor (e.g., abuse, unjustified/excessive use of force,
neglect, exploitation, or violation of a client’s basic rights);
• observe a client assaulting another person, including an employee, volunteer,
contractor or visitor
• observe a client engaging in any other misconduct.
Note: Intervention may consist of: (1) non-verbal gestures made with eyes,
hands, head or body utilizing proximity, standing, eye contact and/or facial
expressions; or (2) verbal prompting, directive statements, redirecting client’s
attention and/or behavior.
8. Maintain a professional relationship with all clients. Do not enter in to
an inappropriate consensual relationship
9. Promptly and properly report youth mistreatment or client misconduct.
• You are required to report any and all information concerning the following
as soon as possible: possible harm or mistreatment of client, whether performed
by another client, another employee, a volunteer, or a contractor (e.g., abuse,
unjustified/excessive use of force, neglect, exploitation, violation of a client’s
basic rights);
• any client assault of another person, including an employee, volunteer,
contractor, or visitor
• any other client misconduct.
Note: It is your responsibility to ensure you report such incidents within any
time limits established by Ventana Del Soul policy.
10. Obtain permission from the proper authorities before altering any pre-arranged
activities with any client
SECTION VI. SAFETY
It is the policy of Ventana del Soul to strive for the highest possible level
of safety in all activities and operations, and to carry out our commitment
of compliance with all health and safety laws applicable to our business by
enlisting the help of all employees to ensure that public and work areas are
free of hazardous conditions.
Ventana del Soul will make every effort to provide working conditions that
are as healthy and safe as possible, and employees are expected to be equally
conscientious about workplace safety, including proper work methods, reporting
potential work hazards, and abating known hazards. Unsafe work conditions in
any work area that might result in an accident should be reported immediately
to a supervisor.
If an employee is injured in connection with employment, regardless of the
severity of the injury, the employee must immediately notify his or her supervisor.
If medical care is needed immediately, supervisors will assist their employees
in getting the necessary medical attention promptly.
The following will provide an understanding of what we must all do to protect
your welfare and the welfare of your friends and fellow employees:
1. All accidents, regardless of severity, are to be reported immediately to
the supervisor.
2. No employee will be assigned to work under unsafe conditions or with unsafe
tools or equipment. In the event that such condition develops, it will be immediately
reported to the supervisor.
3. Employees should pay strict attention to their work. Practical joking and
horseplay are strictly prohibited and will not be tolerated.
4. Employees should be alert to things, which may cause accidents and correct
them or notify their supervisors of such items for corrections.
a) Aisles, doorways, stairways, and floors should be kept clear.
b) Work areas should be kept clean, neat and orderly.
c) Spills should be cleaned up.
d) Brooms, mops, etc., should be returned to their proper place.
5. Employees should follow the instructions of their supervisors.
6. Employees should use the right tools and equipment for the job. If you need
a tool for your job, ask your supervisor.
7. Because of the hazards inherent in running, employees should refrain from
running. When approaching corners and blind spots, employees should slow down
and be extra cautious.
8. Machinery must be shut off and locked out or unplugged before cleaning,
repairing, or adjusting is undertaken.
9. No machine or equipment will be operated when guards are removed or when
safety devices are not operating properly.
10. Employees will not operate any machines or vehicles unless it is part of
their job and they have been properly trained to operate them safely.
11. Warning signs and signals posted to alert employees to dangerous conditions
are to be obeyed.
SECTION VII. APPEARANCE, DRESS, AND HYGIENE
Employees should dress properly for the job. Loose clothing and jewelry are
dangerous while working. It is the policy of Ventana del Soul that employees
wear closed toe shoes and no high heels at all times while working in or passing
through the food preparation area. It is the objective of this policy that NO
employee be injured due to the wearing of sandals and high heels of any type.
Employees who work in the general office areas may wear shoes of any type; however
when entering a food preparation area, they must comply with the policy. While
personal hygiene is critical for being presentable to guests; it is imperative
for the protection of their health. Employees must bathe and brush their teeth
before reporting to work, have their fingernails clipped and clean and keep
their hair clean, neat and worn in such a way as to avoid food contamination.
Facial hair should be kept to a minimum and should be neat and well trimmed.
Frequent hand washing is the first line of defense in preventing food borne
illness. Always wash your hands when changing tasks. Examples include before
starting work, during work as often as necessary to avoid cross-contaminating
food and to maintain cleanliness, after smoking, coughing, sneezing, eating,
and each visit to the toilet.
If you feel ill or have been diagnosed with a food borne illness, report this
to your supervisor before starting work. Symptoms which indicate you may have
an illness which could be food borne include vomiting, fever, diarrhea or jaundice
(yellow appearance to your skin). Infected cuts or sores are also a means of
transmitting a food borne illness. Even if they are not infected, all cuts or
sores must be bandaged and when on your hands covered with waterproof disposable
gloves.
VIII. SUBSTANCE USE
A. DRUG ABUSE POLICY
This policy is implemented as part of Ventana del Soul’s overall program
to maintain the health and safety of employees, customers, and the public; and
to prevent civil and criminal liability. This policy covers all employees and
prospective employees. It covers the possession, use, distribution or sale of
drugs and drug paraphernalia. The term "drugs" refers to those substances
regulated under State and Federal Law, inhalants, alcoholic beverages and prescription
drugs. The use of prescription drugs when taken as directed by a doctor are
excluded from coverage under this policy. In those cases where an employee is
using prescription drugs which could impair the employee the employee should
inform their supervisor.
It is the policy of this Company that we maintain a drug free work place. No
drug or drug use is allowed on Ventana del Soul premises.
In order to implement this policy Ventana del Soul may monitor employees for
drug use, conduct drug screenings, and search the premises, including employees'
personal possessions and vehicles on the premises, for drugs and/or drug paraphernalia.
Failure to submit to a search may result in Ventana del Soul's refusal to hire
or to continue employment, or any other action in conformity with Ventana del
Soul's usual disciplinary procedures.
Monitoring of employees may include direct observation and third party reporting
of drug possession or use. Observation of inconsistent work quality or performance,
carelessness or the taking of needless risks, disregard for the safety of others,
mood swings, and other indicia of drug use may also constitute grounds for further
inquiry including testing for drug use. An employee may report concerns or observations
to any supervisory personnel.
Screening for drugs may be carried out under the following circumstances:
A) Pre-employment;
B) Upon suspicion of use or possession based on
1) Impairment,
2) Discovery of drugs on premises,
3) Report from third party;
C) After an on-the-job accident;
D) Randomly; and
E) Universally
The testing may be by any means including blood, hair, and urine samples. Testing
will be performed by an independent laboratory. Failure to submit to the test
will result in the same penalties as are imposed for a positive test result.
If an employee or prospective employee is found to have drugs in their possession
or tests positive for drugs Ventana del Soul may refuse to hire or to continue
employment or may take any other action in conformity with Ventana del Soul’s
usual disciplinary procedures. An employee will be afforded an opportunity to
explain a positive test result. Ventana del Soul shall make the final determination
as to what action will be taken.
B. SMOKING POLICY
Ventana del Soul maintains a smoke and tobacco-free facility. No smoking or
other use of tobacco or similar products (including, but not limited to, cigarettes,
pipes, cigars, snuff, or chewing tobacco) is permitted at any point during a
workday, while on company business, while in transit between work locations
or assignments, while at client locations, in any part of a company building
or within 15 feet of such buildings, or anywhere on or in company parking areas.
There are no designated smoking areas inside or on Company premises, nor does
Ventana del Soul allow smoking breaks during the workday, i.e., no additional
breaks beyond those allowed under Ventana del Soul's break policy may be taken
for the purpose of using tobacco or similar products. If returning from a meal
break during which you have used tobacco or similar products, do not leave cigarette
butts or other traces of litter or tobacco use on the ground or anywhere else.
Dispose of any litter properly in the receptacles provided for that purpose.
Employees may not have the smell of tobacco smoke about their persons during
work hours or while on company business. In general, employees should not use
or consume any substance, the effects or traces of which could interfere with
the employee's presentation of a clean and professional appearance to clients
and the public in general.
Please remember to conform to the smoking or tobacco use policies of our clients
when working at a client's site.
All employees are expected to abide by this policy in all respects while at
work, whether on company premises, at a customer's site, or while in transit
between work locations or assignments, as well as while the employee is off
duty, if the employee is on company premises or in vehicles owned, leased, or
rented by Ventana del Soul. Being permitted to use tobacco or similar products
while off duty is a privilege, as long as such use does not interfere with the
employee's work, fitness for duty, or professional appearance. If that privilege
is abused, it may be withdrawn altogether.
SECTION IX. SOLICITATION
A. EMPLOYEES
There should be no solicitation or distribution of literature of any kind by
any employee during actual working time of the employee soliciting or the employee
being solicited. Working time does not include lunch and rest breaks. Any employee
who violates any part of this policy will be subject to counseling and disciplinary
action up to and including dismissal.
B. NON-EMPLOYEES
Non-employees are prohibited from soliciting and distributing literature at
all times anywhere on Company property. Non-employees have no right of access
to any area of the premises other than areas open to the public, and then only
in conjunction with the area’s public use.
SECTION X. SECURITY
It is the policy of Ventana del Soul to maintain strict control over entrance
to the premises, access to work locations and records, computer information,
and cash or other items of monetary value. Employees who are assigned keys,
given special access, or assigned job responsibilities in connection with the
safety, security, or confidentiality of such records, material equipment, or
other items of monetary or business value will be required to use sound judgment
and discretion in carrying out their duties, and will be held accountable for
any wrong-doing or acts of indiscretion.
Ventana del Soul has a vital interest in maintaining safe, helpful and efficient
working conditions. The use or possession of alcohol, drugs, weapons, or other
intoxicants creates a serious threat to the health and safety of employees.
Ventana del Soul also has a vital interest in protecting its property and the
property of fellow employees from theft. In order to assist in maintaining a
safe and enjoyable work environment, Ventana del Soul has adopted the following
policy:
Ventana del Soul may conduct unannounced searches for illegal drugs, alcohol,
controlled substances, weapons, stolen property, evidence of stolen property,
or stolen property of others within any area of the restaurant or office. Employees
are expected to cooperate in the conducting of such searches. All employee lockers,
desks (including desk drawers,) file cabinets, purses, briefcases, lunch containers,
and automobiles on Company property shall be subject to unannounced search.
An employee’s consent to search pursuant to this policy is required as
a condition of employment. The employee’s refusal to comply with this
policy will result in disciplinary action up to and including termination. Searches
on Company facility can be conducted at any time and do not have to be based
on reasonable suspicion.
1. Personal visitors are not permitted in work areas.
2. If it is necessary for a friend or relative to speak with an employee during
working hours, the individual will be directed to the manager for assistance.
3. Business visitors will be escorted to the person they wish to see, and under
no circumstances, will they be permitted in the employee only areas of the restaurant
unescorted.
SECTION XI. COMPUTER AND TELEPHONE POLICY
All electronic and telephonic communications systems and all information transmitted
by, received from, or stored in these systems are the property of Ventana del
Soul. These systems are to be used solely for job-related purposes and not for
personal purposes except as authorized by your supervisor, and no expectation
of privacy of any personal privacy right in connection with the use of this
equipment or with the transmission, receipt, or storage of information in this
equipment.
Use of a code, access of a file, or retrieval of any stored communication unless
authorized is prohibited. Further, disclose information or messages from electronic
or telephonic communications systems only to authorized individuals. Ventana
del Soul will monitor the use of this equipment at any time at its discretion.
Such monitoring may include printing up and reading all electronic and telephonic
mail entering, leaving, or stored in these systems. No privacy right whatsoever
exists at the workplace and Ventana del Soul reserves the right to monitor the
workplace by electronic means to ensure employees are complying with its policies.
SECTION XII. CREDIT CARD POLICY
Ventana del Soul will issue company credit cards to certain employees for use
in their jobs; this policy sets out the acceptable and unacceptable uses of
such credit cards. Use of company-issued credit cards is a privilege, which
Ventana del Soul may withdraw in the event of serious or repeated abuse. Any
credit card Ventana del Soul issues to an employee must be used for business
purposes only, in conjunction with the employee's job duties. Employees with
such credit cards shall not use them for any non-business, non-essential purpose,
i.e., for any personal purchase or any other transaction that is not authorized
or needed to carry out their duties.
Employees must pay for personal purchases (i.e., transactions for the benefit
of anyone or anything other than Ventana del Soul) with their own funds or personal
credit cards. Ventana del Soul will not regard expenses for one's own business-related
use, such as lodging and meals while on company-approved business trips, as
personal purchases, as long as such expenses are consistent with Ventana del
Soul's travel and expense reimbursement policy. If any employee uses a company
credit card for personal purchases in violation of this policy, the cost of
such purchase(s) will be considered an advance of future wages payable to that
employee, and will be recovered in full from the employee's next paycheck; any
balance remaining will be deducted in full from subsequent paychecks until the
wage advance is fully repaid. Such deductions may take the employee's pay below
minimum wage for the pay period(s) in question.
If an employee uses a company credit card for any other type of unauthorized
transaction in violation of this policy, i.e., incurs financial liability on
Ventana del Soul's part that is not within the scope of the employee's duties
or the employee's authorization to make business-related purchases, the cost
of such purchase(s) or transaction will be the financial responsibility of that
employee, and the employee will be expected to reimburse Ventana del Soul via
deductions from pay until the unauthorized amount is fully repaid. Such deductions
will be in the amount of the unauthorized purchase(s), but if a deduction for
such amount would take the employee below minimum wage for the workweek in question,
the deductions will be in two or more equal increments that will not take the
employee's pay below minimum wage for any workweek involved. In addition to
financial responsibility and liability for wage deductions, any purchases an
employee makes with a company credit card in violation of this policy will result
in disciplinary action, up to and possibly including termination of employment,
depending upon the severity and repeat nature of the offense.
SECTION XIII. TRADE SECRETS
It is unfair competition to steal, copy or communicate or transmit a former
employer’s trade secret information. A trade secret is defined as “the
whole or any part of any scientific or technical information, design, process,
procedure, formula, or improvement that has value and that the owner has taken
measures to prevent from becoming available to persons other than those selected
by the owner to have access for limited purposes.”
Our internal procedures and recipes are of great value to Ventana del Soul.
Employees are not to disclose any proprietary processes or recipes to any person
unless directed to by Ventana del Soul’s management. Ventana del Soul
will institute civil action against anyone who violates this policy.
SECTION XIV. EMPLOYEE COMPLAINTS
It is the policy of Ventana del Soul to ensure that every employee individually
has the right to discuss their complaints and suggestions with management without
fear of being subject to reprimand or discipline for requesting that a complaint
or suggestion be processed through the approved procedure.
Step 1: Any employee who has a complaint or suggestion concerning his/her job
or any other matter, which affects the employee, should take the matter up with
his/her immediate supervisor.
Step 2: If the immediate supervisor cannot resolve the complaint or take action
on the suggestion to the satisfaction of the employee, he or she will go with
the employee to the Executive Director for problem resolution.
Step 3: If the matter is not settled by Executive Director, he or she is to
brief Executive Director on the complaint or suggestion and arrange for a meeting
with the employee to discuss and resolve the matter.
Step 4: [ARBITRATION OPTION] If the matter is not solved in Step 3, Executive
Director will inform the employee that he can submit the issue to binding arbitration
pursuant to the Arbitration Agreement attached to this Handbook.
The history of the complaint, including all documentation, will be completed
by Executive Director as the complaint is processed through the steps in the
above procedure.
SECTION XV. PERSONNEL FILES POLICY
Ventana del Soul keeps certain records relating to your employment in a personnel
file. The documents contained within that file are the property of Ventana del
Soul and must be maintained for government and Ventana del Soul recordkeeping
purposes. Some employment records are kept in separate files, such as records
relating to medical conditions and leave, records relating to investigations,
and records relating to I-9 requirements. All files connected with an employee
are considered strictly confidential, and access will be limited only to those
who have a job-related need to know the information and who have been authorized
to see the file in question.
If an employee wishes to view the contents of his or her personnel file, the
employee should report during off-duty time or, with permission from his or
her immediate supervisor, during work time to Clare Fleming and file a written
request. Your identity will be verified and you will be shown to a table where
you can view the contents of the file.
You may not take or alter any document found within your personnel file. If
you disagree with one of the documents, you may ask Clare Fleming for permission
to add a document containing your comments regarding the document with which
you disagree.
Both at and following the time you separate from employment, you may make copies
of documents in your personnel file if you wish. Your personnel file will be
maintained in company archives in accordance with all applicable legal requirements.
SECTION XVI. CONFIDENTIALITY POLICY
In the course of performing their duties, employees may have access to or gain
knowledge of confidential information concerning Ventana Del Soul, its customers/clients,
and other employees. "Confidential information" is defined as information
to which the public does not have general access. This policy governs the use
or further disclosure of such information.
With respect to confidential information concerning Ventana Del Soul, other
employees, Ventana Del Soul's vendors and contractual partners, and/or its customers/clients,
such information should be safeguarded. An appropriate manager will grant the
necessary access if an employee needs such information to perform his or her
duties. No other access is permitted. Any release, duplication, distribution,
transmittal, disclosure, or discussion ("release") of such information
that is not required by law or by the duties of the employees involved is strictly
prohibited.
Unauthorized access to, and unauthorized release of, confidential information
will violate this policy and may result in appropriate disciplinary action against
the employee(s) involved, up to and potentially including termination of employment,
depending upon the severity and/or repeat nature of the offense.
SECTION XVII. ALCOHOL SERVICE POLICY
It is Ventana del Soul’s policy that no minor or intoxicated person shall
be served. Employees who willfully violate this policy will be terminated immediately.
Any employee who negligently serves a minor or an intoxicated person will be
counseled on proper service technique and will be terminated on the second violation
of this policy.
Employees must card anyone ordering an alcoholic beverage that does not appear
to be well over the age of 27. When attempting to illegally purchase alcohol,
minors usually exhibit behavior that should be easily identifiable by the astute
server or seller. As with anyone who is attempting a dishonest act, minors may:
appear anxious or nervous; stutter, stammer or confuse their words; avoid eye
contact with the seller; appear overly anxious or inappropriately.
When serving alcohol to your customers, you should take reasonable precautions.
Taking steps to prevent alcohol abuse in your establishment can help protect
the public from harm, and keep you from being named in a liquor liability suit.
As an alcohol server, you should know the laws and regulations concerning the
serving and consumption of alcohol within licensed premises. Serving under-aged
and intoxicated persons is unlawful and can have criminal penalties. Furthermore
if an intoxicated person, after leaving your establishment, should be involved
in an accident the injured parties may file a lawsuit against you. Follow some
simple guidelines when serving alcohol and prevent this from happening to you.
One method for safe alcohol service follows the same basic sequence of a traffic
signal. The levels of intoxication are organized into the red, yellow and green
colors.
GREEN = GO. Everything seems normal, it is OK for this customer to drink at
a safe pace.
YELLOW = CAUTION The customer is showing signs that the alcohol is beginning
to affect them.
RED = STOP The customer is obviously intoxicated and no alcohol should be served.
If you observe a customer reaching the YELLOW level, you need to take steps
so they don’t reach the RED level. The following are some steps you may
take when a customer is in the YELLOW zone.
· Refill their glass at a slower rate.
· Serve one drink at a time; don’t bring two or three drinks at
once to a single person.
· Offer or suggest the sale of protein food or appetizers. Do not offer
coffee or other caffeinated drink; this may cover the true extent of the patron’s
intoxication.
· Suggest low alcohol content or filling drinks such as ice cream drinks.
· Serve water or fruit juices with all straight drinks.
Despite all your good efforts, a customer may become intoxicated and should
not be served additional alcohol. When a customer reaches the RED level, every
effort should be made to stop alcohol service. Here are some suggestions to
use when “cutting off” a customer.
· Avoid a confrontation.
· Do not attempt any physical confrontation.
· Make the manager and all personnel aware of the problem.
· Bring menus to the table or casually suggest an appetizer.
· Suggest an alternative form of transportation. If the patron insists
on driving, report this to your supervisor at once.
SECTION XVIII. TERMINATION OF EMPLOYMENT
When an employee is terminated by reason of resignation, the supervisor shall
notify the Executive Director.
Every effort will be made to conduct an exit interview for the purpose of determining
the reasons for the employee leaving Ventana del Soul.
· Explain any COBRA benefits under Ventana del Soul’s group insurance
plan.
· Recover employee’s keys if applicable or any other company property
in the employee’s possession.
· Learn of any grievance or problems the employee may have with Ventana
del Soul so that management can investigate possible solutions.
· Inquire as to any problems between the employee and the immediate
supervisor, so that a similar situation can be avoided in the future.
· The Personnel Department will then initiate a Personnel Action Form
documenting the separation and forward this to the Payroll Department.
SECTION XVIV. DISCRIMINATION POLICY
1. Policy Statement
1.1. It is the policy of Ventana del Soul to provide equality of opportunity
in education and employment for all students and employees. Accordingly, Ventana
del Soul does not practice or condone unlawful discrimination in any form against
students, employees or applicants on the grounds of race, color, religion, creed,
sex, national origin, age, disability, or veteran status. Nor does Ventana del
Soul allow discrimination on the basis of sexual orientation1, with respect
to internal matters that do not contravene federal or state law and that do
not interfere with Ventana del Soul's relationships with outside organizations,
including the federal government, the military, and private employers.
1.2. Discrimination based upon race, color, religion, creed, sex, national
origin, age, disability, veteran status, or sexual orientation is in violation
of federal and state law and Ventana del Soul policy, and will not be tolerated.
1.3. Retaliation against any person complaining of discrimination is in violation
of federal and state law and Ventana del Soul policy, and will not be tolerated.
1.4. Ventana del Soul will respond promptly to all complaints of discrimination
and retaliation. Violation of this policy can result in serious disciplinary
action up to and including expulsion for students or discharge for employees.
1.5. Disciplinary action for violations of this policy will be the responsibility
of the dean or director, supervisor, or Office of Student Conduct as may be
appropriate in accordance with applicable procedures.
1.6. Ventana del Soul hereby affirms its desire to maintain a work environment
for all employees and an academic environment for all faculty and students that
is free from all forms of unlawful discrimination and free from discrimination
which is otherwise prohibited by Ventana del Soul policy or regulation. Unlawful
discrimination is completely incompatible with the values and goals of Ventana
del Soul and will not be tolerated. Ventana del Soul strives to maintain an
environment that supports and rewards individuals on the basis of such relevant
factors as ability, merit and performance.
2. Definitions
2.1. Discrimination is unequal and unlawful treatment based upon race, color,
religion, creed, sex, sexual orientation, national origin, age, disability,
or veteran status.
2.2. Retaliation is conduct causing any interference, coercion, restraint or
reprisal against a person complaining of discrimination or participating in
the resolution of a complaint of discrimination.
2.3. Harassment is a form of discrimination.
3. Resolution Procedure
This matter deserves our careful attention and our shared commitment to ensuring
Ventana del Soul remains free from discrimination and harassment in all aspects
of its activities and operations. Any individual with a concern, grievance or
complaint of discrimination or retaliation in employment or eductional programs
and activities is encouraged to contact Ventana del Soul's Board of Directors:
512-707-7447 ext 201
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