Pizza restaurant server Chelsea Gerbeshi (@sagittariusicedlatte) posted a series of videos chronicling the allegedly shady way her restaurant let her go.
Gerbeshi does her makeup while speaking to the camera and says in one video, “I’m about to start dropping government names right now. I am so enraged right now.”
@sagittariusicedlatte i think im getting fired grwm
♬ original sound – chelsea gerbeshi
In the first clip, Gerbeshi explains that she believed she might be getting fired, though, she was uncertain of the reason.
She suspected it might be linked to a time when a customer asked her how big a 10-inch pizza was, to which she replied, “10 inches.” The customer likely thought she was being a smartypants and she speculated they may have complained.
@sagittariusicedlatte i think im getting fired grwm
♬ original sound – chelsea gerbeshi
In the remainder of her videos, which have collectively stacked over 1.5 million views and counting, Gerbeshi says her job took her off the schedule for one week following the supposed incident. Worried, she says she asked her manager if she was fired and they assured her she was not. According to her, the manager attributed it to “training new servers,” which was why Gerbeshi wasn’t on the schedule.
When she checked the following Thursday for her schedule to be posted, she says she was not on it again. A former co-worker explained to her that this particular restaurant, which she refused to name, fires people in this fashion—passive-aggressively leaving them off the schedule until they hopefully just ‘go away.’
Gerbeshi made several attempts to try and resolve the issue to no avail.
“They won’t answer my phone calls…I just feel like it’s super disrespectful,” she says in a clip. “I would never do that to them… I’m an adult. I really do have bills to pay. I live in a house. They know this.”
@sagittariusicedlatte #stitch with @chelsea gerbeshi ♬ original sound – chelsea gerbeshi
Most users in the comments were incredibly supportive.
“How is this legal lol,” one wrote, while another said, “Girlie go to a lawyer they can’t just fire you, lie to u about it, and then ignore u.”
Some even speculated as to why the company didn’t make the firing official–so she couldn’t file an unemployment claim.
One user wrote, “…most states the employer is legally required to provide you with an official separation notice and reason for term.” Another chipped in a suggestion, saying, “Go in and ask to speak with her. If she won’t, file for unemployment.”
Another user sagely explained, “Make them officially fire you if that’s what is happening. They may say you quit and then you might not be able to get unemployment.”
While various states sport their own unemployment laws, the nature of how an employee’s tenure ends with a company will oftentimes dictate the eligibility of their benefits. There are usually three ways in which a person might leave a job—they can be fired, laid off, or quit.
According to a write-up in The Balance Money, to collect unemployment, you typically need to have lost your job “through no fault of your own.” Workers who are laid off are likely to receive unemployment as well because they left due to restructuring, rather than personal performance.
Those who are fired are less likely to receive unemployment because they left due to issues with their personal performance. However, if a fired employee can argue that their firing was unfounded or unrelated to performance, they may be able to file a dispute as to why they should be considered eligible for unemployment benefits. The outlet recommends, “If you are unsure whether or not you qualify for unemployment, check with your state unemployment office.”
@sagittariusicedlatte Replying to @Macie clifton ♬ original sound – chelsea gerbeshi
Gerbeshi stated in her final update video that she was officially “fired,” which presumably means that she is eligible to collect these benefits. The TikToker said she decided to sacrifice her whole summer to make ends meet.
She called the move “classless and disrespectful,” especially because for “somebody who had their income stripped from them without notice,” she says she remained kind.
“This was their way of letting me go without growing a backbone and telling me that I’m let go,” she says. According to Gerbeshi, she is still waiting on the manager to return her calls.
The Daily Dot has reached out to Gerbeshi via email for further comment.
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Source: https://www.dailydot.com/news/server-fired-taken-off-schedule/