Tijuana Flats Policy Manual

Transcription

Tijuana Flats
Policy Manual
TIJUANA FLATS
Tex- MEX
POLICIES AND
PROCEDURES
This Manual contains the Policy
and Procedures of Tijuana Flats
Burrito Company, Inc. The
information contained in this
manual are subject to change and
revisions may occur. Only the
CEO and Human Resource
Department has the ability to
adopt any revisions to Policy and
Procedures.
Human Resources
Department
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Policy Manual-Confidential
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Welcome to our World .......................................................................... 5
INTRODUCTION ............................................................................................................................................. 6
Tijuana Flats Policies and procedures ................................................. 7
GENERAL COMPANY POLICIES........................................................................................................................ 7
EQUAL EMPLOYMENT OPPORTUNITY ............................................................................................................. 7
HARASSMENT ................................................................................................................................................ 8
SEXUAL HARASSMENT IN THE WORKPLACE ................................................................................................. 10
EEO-1 REPORTING ....................................................................................................................................... 13
EMPLOYMENT AT WILL ................................................................................................................................ 14
DISABILITY ACCOMMODATION .................................................................................................................... 14
IMMIGRATION LAW COMPLIANCE ................................................................................................................ 15
VIOLENCE IN THE WORKPLACE .................................................................................................................... 16
RULES FOR CONDUCT, DISCIPLINE, AND TERMINATION .............................................................................. 17
EMPLOYEE CONDUCT AND WORK RULES...................................................................................................... 19
SOLICITATION/DISTRIBUTION ..................................................................................................................... 20
FRATERNIZATION POLICY ............................................................................................................................ 20
SOCIAL MEDIA POLICY ................................................................................................................................. 22
TIJUANA FLATS MEDIA/PRESS POLICY ......................................................................................................... 24
OUTSIDE EMPLOYMENT ............................................................................................................................... 24
COMPANY OWNED/LEASED VEHICLES POLICES AND PROCEDURES .............................................................. 25
LEASE VEHICLE SUPPLEMENTAL POLICY ...................................................................................................... 29
PHONE REIMBURSEMENT AND COVERED PHONE POLICY ............................................................................. 30
BUSINESS TRAVEL / EXPENSES .................................................................................................................... 31
REIMBURSABLE EXPENSES POLICY ............................................................................................................... 32
REIMBURSABLE EXPENSES SUGGESTED GUIDELINES ................................................................................... 33
DRUG AND ALCOHOL USE ............................................................................................................................ 34
INSPECTIONS AND SEARCHES...................................................................................................................... 35
P.O.S. SAFETY AND SECURITY POLICY ......................................................................................................... 35
TIJUANA FLATS CASH AND BANKING PROCEDURES ...................................................................................... 36
CATERING CREDIT CARD AUTHORIZATION FORM ........................................................................................ 42
Important employee information ..........................................................43
EMPLOYMENT CLASSIFICATION ................................................................................................................... 43
AGE REQUIREMENTS.................................................................................................................................... 43
WORK SCHEDULE......................................................................................................................................... 44
TIMEKEEPING .............................................................................................................................................. 44
ATTENDANCE AND PUNCTUALITY ................................................................................................................ 45
PERSONAL APPEARANCE .............................................................................................................................. 45
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PROBLEM RESOLUTION ................................................................................................................................ 46
PROGESSIVE DISCIPLINE ............................................................................................................................. 47
EMPLOYMENT TERMINATION ....................................................................................................................... 48
RESIGNATION .............................................................................................................................................. 48
NON-DISCLOSURE........................................................................................................................................ 49
EMPLOYMENT REFERENCE CHECK ................................................................................................................ 50
ACCESS TO PERSONNEL FILES ..................................................................................................................... 50
PERSONNEL DATA CHANGES ........................................................................................................................ 50
CONFLICTS OF INTEREST ............................................................................................................................ 51
BUSINESS ETHICS AND CONFLICTS ............................................................................................................. 52
INFORMATION TECHNOLOGY POLICY .......................................................................................................... 53
USE OF EQUIPMENT AND VEHICLES ............................................................................................................. 56
USE OF PHONES, COMPUTERS, AND MAIL SYSTEMS ..................................................................................... 56
ELECTRONIC COMMUNICATION ................................................................................................................... 57
SMOKING ..................................................................................................................................................... 58
REST AND MEAL PERIODS ............................................................................................................................ 58
EMERGENCY CLOSING .................................................................................................................................. 58
RETURN OF PROPERTY ................................................................................................................................ 59
SUGGESTION POLICY ................................................................................................................................... 60
Benefits and Compensation ................................................................... 61
PERFORMANCE EVALUATION ....................................................................................................................... 61
WAGE AND SALARY PROGRAMS ................................................................................................................... 61
OVERTIME ................................................................................................................................................... 61
TIP CREDIT POLICY ..................................................................................................................................... 62
PAY ERRORS AND OVERSIGHTS ................................................................................................................... 63
PAYDAYS ..................................................................................................................................................... 63
PAY ADVANCES ............................................................................................................................................ 64
PAY DEDUCTIONS AND SETOFFS.................................................................................................................. 64
EMPLOYEE BENEFITS ................................................................................................................................... 65
FAMILY AND MEDICAL LEAVE ACT POLICY ................................................................................................... 66
PERSONAL LEAVE ......................................................................................................................................... 71
MILITARY LEAVE .......................................................................................................................................... 71
JURY DUTY LEAVE........................................................................................................................................ 72
BEREAVEMENT LEAVE .................................................................................................................................. 72
DOMESTIC VIOLENCE & SEXUAL ASSAULT LEAVE ......................................................................................... 73
PAID TIME OFF BENEFIT .............................................................................................................................. 74
HOLIDAYS .................................................................................................................................................... 75
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BENEFITS CONTINUATION (COBRA) ............................................................................................................. 76
HEALTH INSURANCE .................................................................................................................................... 76
AFFORDABLE CARE ACT ............................................................................................................................... 77
TIJUANA FLATS RELOCATION REIMBURSMENT POLICY ................................................................................ 78
TIJUANA FLATS RELOCATION AGGREMENT .................................................................................................. 80
SEVERANCE POLICY ..................................................................................................................................... 81
SAFETY ....................................................................................................82
SAFETY ........................................................................................................................................................ 82
EMPLOYEE INJURY PROCEDURE ................................................................................................................... 82
GUEST INJURY PROCEDURE ......................................................................................................................... 82
WORKER’S COMPENSATION INSURANCE ...................................................................................................... 83
WORKER’S COMPENSATION AND GENERAL LIABILITY SAFETY TIPS ............................................................. 84
O.S.H.A. ....................................................................................................................................................... 85
HAZARDOUS CHEMICALS ............................................................................................................................. 85
TIJUANA FLATS SAFETY TIPS ....................................................................................................................... 86
SAFETY AND SECURITY POLICY AND PROCEDURE ........................................................................................ 87
Reference Section .................................................................................89
EMPLOYEE ACKNOWLEDGEMENT FORM ....................................................................................................... 90
UNEMPLOYMENT COMPENSATION EMPLOYEE ACKNOWLEDGMENT OF PROBATION ...................................... 91
NON-DISCLOSURE AND NON-COMPETITION AGREEMENT ............................................................................ 92
TIJUANA FLATS POLICY IN SEXUAL HARASSMENT ........................................................................................ 94
EMPLOYEE PROFILE FORM ........................................................................................................................... 95
TIJUANA FLATS EXPENSE REPORT................................................................................................................ 96
TIJUANA FLATS COMPANY VEHICLE MILEAGE TRACKER ............................................................................... 97
TIJUANA FLATS CELL PHONE DEDUCTION AUTHORIZTION FORM ................................................................ 98
TIJUANA FLATS MANAGER SERVICE ALCOHOL POLICY ................................................................................. 99
TIJUANA FLATS TEAM MEMBER ALCOHOL SERVICE POLICY ........................................................................ 100
TIP POOLING AGREEMENT ......................................................................................................................... 101
ANNUAL MANAGER PERFORMANCE REVIEW ............................................................................................... 102
MANAGER PERFORMANCE 6 MONTH REVIEW (SELF EVALUATION) ............................................................. 107
QUARTERLY PREVEIW ................................................................................................................................ 109
EMPLOYEE RIGHTS AND RESPONSIBILITIES............................................................................................... 111
TIJUANA FLATS EMPLOYEE INJURY SUPPLEMENT ....................................................................................... 112
TIJUANA FLATS GUEST INCIDENT REPORTING FORM ................................................................................. 113
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Welcome to our World
Welcome to Tijuana Flats Burrito Company. We’re sure you’ve made a GREAT
decision to join our very unique team!
We believe that each employee contributes directly to Tijuana Flats’ fun, uninhibited, somewhat crazy
atmosphere and unique culture.
This policy manual was developed to describe some of the expectations of our employees and to
outline the policies, programs, and benefits available to eligible employees. Employees should
familiarize themselves with the contents of the policy manual as soon as possible, for it will answer
many questions about employment with Tijuana Flats.
We hope that your experience here will be challenging, enjoyable, rewarding and FUN!
Welcome to the Team!
Camp Fitch – Chairman of the Board
Brad Kaemmer - CEO
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INTRODUCTION
The Purposes of this Handbook are:
(1) To provide useful and accurate explanatory summary information to our employees concerning our
Company and its policies.
(2) To document Company establishment and communication of certain policies required by law
(3) To assist operating locations in their ability to apply Company policies consistently and in
accordance with current facts and conditions.
This handbook is not an expressed or implied employment contract, nor does it create any legally
enforceable obligations on the part of the Tijuana Flats Burrito Company, its various operating units, or
its employees. Tijuana Flats Burrito Company, owns and also Franchises Tijuana Flats restaurants,
and for the convenience will be referred in this handbook as “Tijuana Flats.” All employment with
Tijuana Flats is “at will,” which means that an employee or the Company may terminate the
employment relationship at any time with or without reason.
Tijuana Flats will make a good-faith effort to follow the expressed policies in this handbook, but there
may be circumstances and conditions in which the policies in this may not apply, or may not be
followed because of various extenuating or exceptional circumstances. Employees may not rely on any
information in this handbook as providing any guarantee of continued employment, conditions of
employment, benefits eligibility or any other performance on the part of Tijuana Flats. Tijuana Flats
may and will change policies and procedures from time to time. We will attempt to communicate
these changes to all employees affected, but will not condition implementation of a policy on
notification to employee.
In this handbook, we use the terms “Tijuana Flats,” “the Company,” and “we” to refer to the employer,
Tijuana Flats Burrito Company and its various operations. We use “you” to refer to the employees of
the Company. Uses of gender references, “he” and “she” are considered interchangeable.
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Tijuana Flats Policies and
procedures
GENERAL COMPANY POLICIES
The Company develops written policies (ex: sexual harassment policy: page 24-27 of this manual,
alcohol policy: page 47-49 of this manual, etc.), which are gone over with each employee at the new
hire orientation, and also distributes copies to employees to assure that everyone understands the
information and how the policies affect the employees. Policies may be changed by the Company or
by legal requirements from time to time. It is the Company’s intent to comply with all applicable laws
and regulations; therefore if there is any conflict in current printed policy and the requirements of the
law, the law will be followed in all instances.
EQUAL EMPLOYMENT OPPORTUNITY
Tijuana Flats provides equal employment opportunities for all applicants and employees. We do not
unlawfully discriminate on the basis of race, color, creed, medical condition, religion, sex, national
origin, age, disability, veteran status, marital status, sexual preference, or any other basis prohibited
by federal or state law or local ordinance applicable to our work locations. We also make reasonable
accommodations for disabled employees if we are aware of the need for accommodation and if the
requested accommodation does not cause undue hardship as interpreted from the ADA.
This policy applies to all areas of employment, including recruitment, hiring, training, promotion,
compensation, benefits, transfer, and social and recreational programs. Finally, we prohibit the
harassment of any individual, as defined in the policy on pages 8-12.
Every manager and employee has the responsibility to conscientiously follow this policy.
Any employees with questions or concerns about any type of discrimination in the workplace are
encouraged to bring these issues to the attention of their immediate supervisor, the restaurant
manager, or the owners. Employees can raise concerns and make reports without fear of reprisal.
Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary
action, up to and including dismissal from employment.
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HARASSMENT
Prohibition Against Harassment
Tijuana Flats is committed to providing a workplace free of harassment, which includes harassment
based on race, color, religion, sex, pregnancy, national origin, citizenship, age, family obligations,
disability, marital and veteran’s status, sexual orientation and any other basis of discrimination covered
by applicable federal, state, and local law. The Company strongly disapproves of and will not tolerate
harassment of employees by managers, supervisors, or co-workers. Similarly, Tijuana Flats will not
tolerate harassment of its employees by non-employees with whom Tijuana Flats employees have a
business, service, or professional relationship. The Company’s policy is that any form of harassment is
completely unacceptable and will not be tolerated. Any employee who harasses another employee will
be subject to disciplinary action up to and including termination of employment. It is the obligation of
all managers, supervisors, and employees of Tijuana Flats to provide a work environment free of
harassment. As part of this obligation, all employees are encouraged to report incidents of
harassment, utilizing the complaint procedure below. Any employee who makes a complaint of
harassment or provides information to such a complaint of incident of harassment will be protected
against retaliation.
Definition of Harassment
Harassment for purpose of this policy is verbal or physical conduct that shows hostility toward an
individual because of his or her race, color, religion, sex, including same sex, pregnancy, national
origin, citizenship, age, family obligations, disability, marital and veteran’s status and any other basis
of discrimination covered by applicable federal, state or local law, and that creates an intimidating,
hostile, or offensive working environment. Harassment may include, but is not limited to, abusive
language, slurs, jokes, or other verbal or physical conduct relating to an individual’s race, color,
religion, sex, including same sex, pregnancy, national origin, citizenship, age, family obligations,
disability, marital or veteran’s status, sexual orientation and any other basis of discrimination covered
by applicable federal, state, and local laws. Examples of sexual harassment include, but are not
limited to unwanted sexual advances or touching, graphic sexual depictions, displays in the workplace
or while on Tijuana Flats business of sexually suggestive objects or pictures, and/or humiliating or
offensive comments, jokes, or innuendoes. Sexual harassment may also consist of unwelcome sexual
advances, request for sexual favors or other verbal or physical conduct of a sexual nature that creates
an offensive or hostile working environment. It refers to behavior that is not welcome, which is
personally offensive, and which, therefore, interferes with our work effectiveness.
Scope of Non-harassment Policy
This policy is intended to cover all Tijuana Flats employees and other individuals with whom employees
have business, service, or professional contact with through their employment with Tijuana Flats.
Company managers and supervisors are also covered by this policy, and are prohibited from engaging
in any form of harassing conduct as defined in this policy. Further, no manager or supervisor has the
authority to suggest to any other employee that any employee’s employment, continued employment,
future advancement, or other term or condition of employment will be affected in any way by any
employee’s acceptance of a hostile or offensive work environment as described in this policy, or by any
employee’s entering into (or refusing to enter into) any form of personal relationship with the
supervisor or member of management. Such conduct on the part of any member of management is a
direct violation of this policy.
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Complaint Procedure
We have an established complaint procedure, as described elsewhere in this handbook, which we
encourage you to use whenever needed. In regard to harassment, any employee who believes that
she/he is being harassed by a co-worker, supervisor, manager, customer or other individual at the
workplace (whether employed by Tijuana Flats or not), or believes that his or her employment is being
adversely affected by such conduct, should immediately report such concerns to the restaurant
General Manager. If you feel uncomfortable discussing the issue with the restaurant General Manager,
you should promptly call the Tijuana Flats Corporate Human Resources line at 1-866-949-9193
All Complaints of harassment should be made immediately. The employee will be asked to put their
complaint in writing and signed by the reporting employee. The reporting employee shall have a copy
of the complaint signed by the person to whom to complaint is made (either the restaurant manager
or the HR Director).
After a complaint of harassment is received, a prompt and impartial investigation will be conducted
and prompt, appropriate disciplinary action calculated to end the problem and prevent its recurrence
will be taken in the event the complaint is found to have merit. All complaints of harassment will be
handled in a discreet manner and information will be limited to those personnel with a need to know.
Supervisors and Managers who receive complaints or who observe harassing conduct are required to
inform the owners, no matter how insignificant it may seem to the Supervisor or Manager. Tijuana
Flats emphasizes that an employee is not required to complain first to his or her supervisor. If it is
determined that harassment has occurred, Tijuana Flats will take prompt and appropriate corrective
action.
Prohibition Against Retaliation
Tijuana Flats also emphasizes that it will not tolerate retaliation against any employee for cooperating
in an investigation or for making a complaint of harassment. If you believe you have been retaliated
against for reporting harassment, or for making a complaint of harassment, of for participating in an
investigation related to harassment, you should immediately report the alleged retaliatory action to the
HR director at 1-866-949-9193.
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SEXUAL HARASSMENT IN THE WORKPLACE
Sexual Harassment:
What does sexual harassment mean to you?
If you don’t consider it a serious, present-day dilemma, which can result in legal repercussions and the
deterioration of your work force, reconsider your definition. As a manager or supervisor who works in
a casual and sometimes informal atmosphere, you may run an increased risk of having sexual
harassment complaints filed against you.
Sexual harassment is not a subject to be taken lightly. The practice of sexual harassment is, in fact,
violating Title VII of the 1964 Civil Rights Act. The Equal Employment Opportunity Commission (EEOC)
is charged with enforcing the act, which prohibits employment discrimination on the basis of race, color,
creed, sex, national origin, or age.
The Human Resource Department of Tijuana Flats has put together this booklet of information to assist
you and to outline your responsibilities and obligations as a manager in addressing this serious issue.
Defining the Problem:
Ask ten different people for their definition of sexual harassment and you’ll probably get ten different
responses. The EEOC believes sexual harassment consists of unwelcome sexual advances; requests for
sexual favors or other verbal or physical conduct where;
1. Submission to such conduct is made, either explicitly or implicitly, a term or condition of an
individual’s employment,
2. Employment decisions are based on an individual’s acceptance or rejection of such conduct, or;
3. The conduct interferes with an individual’s work performance or creates an intimidating, hostile
or offensive working environment. These guidelines apply to the harassment of men or women,
or to situations involving members of the same sex.
Whether it’s one employee harassing another, or a non-employee harassing employees in the workplace,
the commission says, “an employer is responsible for the acts of its agents, regardless of whether the
acts are forbidden by the employer and whether the employer knew, or should have known, of their
occurrence, unless the employer takes immediate and appropriate actions.”
As could be expected when defining a sensitive topic, the EEOC’s definition has received some criticism.
Some people feel that virtually any word could be interpreted as intimidating or hostile, depending on
individual temperament. And still, others feel the guidelines don’t cover enough.
Whether you think the guidelines are too strict or not, there are strong reasons for complying with the
EEOC’s guidelines. Besides being vulnerable to a lawsuit, the employer also loses the trust of the
employees, which sets the stage for a chain reaction to other serious consequences.
Sexual harassment is damaging to the workplace. When harassing behaviors are present in the work
environment, a breakdown in communications may occur and this will in turn affect morale, turnover
and absenteeism. It affects the individual harassed and the person(s) accused, who may be innocent.
It can go even further. Claims of harassment can generate costly lawsuits, unfavorable publicity and
the invasion of privacy.
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Sexual harassment inevitably impacts the bottom line of a company. It may affect our image in the
community, profitability, and wages. But most importantly, it affects our people. Permitted to go
unchecked, harassment can eventually affect the entire life of an organization.
What Constitutes Harassment?
Defining what type of action, gesture or vocabulary constitutes harassment is a difficult task. What one
person perceives to be harassment, another person may perceive as a compliment. As a result of the
diversity of our work force and the differences in our upbringing, values and backgrounds, employers
and employees alike may have difficulty recognizing their behavior as sexual harassment.
However, the law does not accept ignorance as an excuse or an apology when being charged with sexual
harassment. As managers, we must set the tone in our communication; establish an attitude and an
environment that is free of harassment. In order to accomplish this objective you must first examine
your behavior and the actions of your employees. The first step toward preventing and or eliminating
harassment is AWARENESS.
What are the characteristics of harassment? How will I know it when I see it? Are there basic guidelines
I can use to gauge the difference between acceptable and unacceptable behavior?
Sexual harassment may take the form of a risqué joke or a more aggressive form, such as repeated
inappropriate touching. Whether intentional or not, all sexual harassment is aggression against another
person that is unwanted.
Examples of harassment include but are not limited to the following:








Off-color remarks, jokes, or language
Unwanted physical touching of any kind,
Staring,
Excessive flirting,
Requests/demands for sexual favors,
Suggestive photographs, pin-ups or cartoons,
Standing too close,
Threats, passes, or propositions that are repeated or unwanted
Tijuana Flats is committed to providing a safe, secure and positive working environment for all of its
employees. ALL members of management are responsible for ensuring that no harassment occurs.
Resolution Procedure:
Sexual harassment is not a “closeted” problem. Employees are filing, and will continue to file, charges
of sexual harassment. In any resolution procedure, especially in a sexual harassment case, individuals
involved have a right to freely express their grievances.
The philosophy of Tijuana Flats supports this ideal. As managers, you have a special responsibility to
ensure that each employee’s concerns and grievances are confidentially addressed and that each
receives all rights and benefits of employment as outlined in our company policies.
Another point to consider- under the EEOC guidelines, the employer is held responsible for the acts of
their employees, even if the employer prohibited those acts. Consequently, each claim filed against one
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of our employees is serious and should be taken as such and addressed with concern and a sense of
urgency.
Investigating a Complaint:
When investigating a sexual harassment complaint, react with sensitivity and understanding.
Remember, the employee is requesting assistance in what he or she feels is an uncomfortable situation.
Our job is to provide some type of resolution regardless of the severity of the case.
When investigating a complaint, as the investigator, you should first:
Contact Human Resources. The Human Resource representative will provide
assistance and support in the investigation. Then:
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Make certain you fully understand the complaint.
Interview the complainant and get all facts before doing any other investigations.
Interview all possible witnesses, co-workers, supervisors, and customers.
Interview the accused.
Gather all relevant documentation.
Make a report on the investigation.
If appropriate, make a recommendation for action.
Strict confidentiality should be maintained throughout the investigation.
As a leader of Tijuana Flats, you set the tone and people take their cue from you. Together we are
responsible to instill and uphold the values of our company in everything we do. Harassment of any
type is intolerable and is against what we stand for. Our employees are a valuable resource and we are
committed to providing them a positive environment in which to work, and that is free from harassment.
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EEO-1 REPORTING
Tijuana Flats Burrito Company is subject to certain governmental recordkeeping and reporting
requirements for the administration of civil rights and regulations. In order to comply with these laws,
we invite employees to voluntarily self-identify their gender and ethnicity by completing the Employee
Profile information. (Please see the Profile form with in the Reference Section of this Policy Manual.)
Due to the mandatory filing of the EEO- 1 report, the following information is necessary for our
employee record keeping requirements, this information will be used solely for EEO-1 reporting and
will not in any way be used to discriminate against employees:
1. SEX
2. ETHNIC ID
This information is ONLY to be obtained AFTER the employee begins employment with Tijuana
Flats.
The simplest way to inform payroll of the employee’s sex is by stating Mr., Ms., or Mrs. before their
name. The ethnic ID can be reported by circling one of the following on the Employee Profile Form.
Descriptions of the ethnic ID’s are as follows:
1234567-
White
Black or African American
Hispanic or Latino
Native American or Pacific Islander
Asian
American Indian or Alaskan Native
Two or more races
Please be sure this and all other pertinent information is complete at the time it is submitted to the
office. Incomplete information will cause unnecessary telephone calls, mailings, or delays in processing
payrolls. It will also cause fictitious labor hours and labor dollar amounts for the weekly payroll
reporting.
Submission of this information is voluntary and refusal to provide it will not subject you to any adverse
treatment. The information will be kept confidential and will only be used in accordance with the
provisions of applicable laws, executive orders, and regulations, including those that require the
information to be summarized and reported to the federal government for civil rights enforcement.
When reported, data will not identify any specific individual. The Employee Profile information will be
kept Confidential.
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EMPLOYMENT AT WILL
Tijuana Flats does have a formal “probationary” or “try out” period. However, all employment with
Tijuana Flats is “at will,” which means that in the absence of a contract to the contrary, either you or
the Company can end your employment at any time, with or without cause or reason. Some of the
benefits for which full-time salaried employees will become eligible require a “benefit eligibility period.”
Completion of the benefits eligibility period does not provide any guarantee of continued employment
nor does it change the “employment at will’ relationship.
Early in your employment with the Company, usually within approximately 90 days, your supervisor
will discuss your progress and performance with you, and provide suggestions on any changes that
might be required in how you are performing.
DISABILITY ACCOMMODATION
Tijuana Flats is committed to complying fully with the Americans with Disabilities Act (ADA) and
ensuring equal opportunity in employment for qualified persons with disabilities. All employment
practices and activities are conducted on a non-discriminatory basis.
Hiring procedures have been reviewed and provide persons with disabilities meaningful employment
opportunities. Pre-employment inquiries are made only regarding an applicant’s ability to perform the
duties of the position.
Reasonable accommodation is available to all disabled job applicants or employees unless doing so
would create an undue hardship for Tijuana Flats. All employment decisions are based on the merits of
the situation.
Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or
changes in compensation) as well as in job assignments, classifications, organizational structures,
position descriptions, and lines of progression. Leave of all types will be available to all employees on
an equal basis.
Tijuana Flats is also committed to not discriminating against any qualified employees or applicants
because they are related to or associated with a person with a disability. Tijuana Flats will follow any
state or local law that provides individuals with disabilities greater protection than the ADA.
This policy is neither exhaustive nor exclusive. Tijuana Flats is committed to taking all other actions
necessary to ensure equal employment opportunity for persons with disabilities in accordance with the
ADA and all other applicable federal, state, and local laws.
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IMMIGRATION LAW COMPLIANCE
Tijuana Flats is committed to employing only United States citizens and aliens who are authorized to
work in the United States and does not unlawfully discriminate on the basis of citizenship or national
origin.
In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a
condition of employment, must complete the Employment Eligibility Verification Form I-9 and present
documentation establishing identity and employment eligibility. Former employees who are rehired
must also completely fill out a new I-9 Form.
Employees with questions or seeking more information on immigration law issues are encouraged to
contact Human Resources. Employees may raise questions or complaints about immigration law
compliance without fear of reprisal.
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VIOLENCE IN THE WORKPLACE
Tijuana Flats will not tolerate violence, including acts or threats of physical violence, intimidation,
harassment, and/or coercion which involve or affect the Company or which occur on Company
property. The policy applies to all Company employees, temporary and contract employees, and other
persons on Company property.
Some Examples of Prohibited Conduct
 Hitting or shoving an individual.
 Threatening an individual or his/her family, friends, associates, or property with harm.
 Intentional destruction of or threatening to destroy Company property.
 Making harassing or threatening phone calls.
 Harassing surveillance or stalking (following or watching) someone.
 Possession or use of firearms or weapons
Employees are required to report incidents of violence, or threats of violence that they observe, or
otherwise become aware of, to their supervisor. Information will be limited to those personnel with a
need to know. In furtherance of this policy, employees have a “duty to warn” their supervisors of any
suspicious workplace activity or situations or incidents that they observe or that they are aware of that
involve other employees, former employees, customers, or visitors. This includes, but is not limited to,
threats or acts of violence, aggressive behavior, offensive acts, threatening or offensive comments or
remarks, having firearms or weapons on the premises, etc.
Employees should also report violence between employees off the premises occurring at any time.
Employee reports made pursuant to this policy will be held in confidence to the greatest possible
extent. The Company will not tolerate any form of retaliation against any employee for making a
report under this policy. No employee will suffer any retaliation for having complied with this policy.
Tijuana Flats will promptly and thoroughly investigate all reports of treats of (or actual) violence and of
suspicious individuals or activities. The identity of the individual making a report will be protected as
much as is practical. In order to maintain workplace safety and the integrity of its investigation,
Tijuana Flats may suspend employees, either with or without pay, pending investigation.
Anyone determined to be responsible for threats and (or) violence or other conduct that is in violation
of these guidelines will be subject to prompt disciplinary action up to and including termination of
employment.
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RULES FOR CONDUCT, DISCIPLINE, AND
TERMINATION
Voluntary Termination
The Company will consider you have voluntarily terminated (“quit”) your employment if you do any of
the following.
1. Resign verbally or in writing from the Company
2. Fail to return from an approval leave of absence on the date specified by the Company, or
3. Fail to report for work or call in; “No show, no call, no job.”
Your last check will be available for you on the next regularly scheduled payday following termination.
Involuntary Termination
You may be terminated involuntarily for reasons that may include poor performance, misconduct, or
other violations of the Company’s rules of conduct as described below. Publication of this list of
rules does not alter the Company’s right to discharge with or without cause and with or
without prior notice.
The Company may also terminate your employment as a layoff in case of loss of business,
reorganization, or reduction in force.
Discipline and Rules of Conduct
We expect all employees to maintain high standards of job performance and conduct. If your
performance or conduct does not meet our expectations, we may attempt, when appropriate, to
provide a reasonable opportunity to correct the problem. If you fail to make the correction, you may
be subject to discipline, up to and including termination.
Conduct that is not in the best interests on the Company, its customers, or other employees, may
result in disciplinary action. This will include misconduct that may not specifically be listed in this
handbook.
Discipline Procedure
Usually, an employee will receive oral and/or written warnings before being discharged for poor
performance. The Company does not guarantee any warning procedure and will take disciplinary
action as believed appropriate for the circumstances.
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Termination for Misconduct Without Warning
Committing any of the following violations, as well as other serious violations, which may not be listed,
can result in termination without warning.
1.
2.
3.
4.
5.
6.
7.
8.
9.
Theft, fraud, or other dishonesty
Misusing or destroying Company property or the property of another on Company premises.
Unauthorized use of Company equipment for off job purposes.
Violating conflict of interest rules, as defined in the stated policy.
Disclosing or using confidential or proprietary information without authorization.
Falsifying or altering Company records, including the application for employment.
Participating in a fight, altercation, or threatening physical harm to others.
Harassing, including sexually harassing, employees, clients, or vendors.
Violating the Drug-Free Workplace policy, including refusing to submit to testing for drugs
and/or alcohol.
10. Possessing a firearm or other dangerous weapons on Company property or while conducting
Company business.
11. No call, no show/ Job abandonment (i.e. Walking out on a shift)
Other Disciplinary Issues:
Job Performance and Misconduct - You may also be disciplined for performance problems such as, for
example:
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Unacceptable work quality or quantity
Discount Abuse
Falsifying Company records
Poor attitude (for example, rudeness or lack of cooperation)
Failure to follow established safety regulations.
Failure to comply with other Company policies or management
directives.
 Cheating on Contest
Attendance
In addition to the general rules stated above, there are specific rules about attendance:
1. You must report to work on time, stay within the time limits for rest and lunch periods, and
get approval to leave early. Leaving the work site without notifying your supervisor can result
in termination of employment.
2. You must personally notify your supervisor in advance if you expect to be tardy or absent, and
must under all circumstances call in within one hour of your starting time if you are unable to
report to work.
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EMPLOYEE CONDUCT AND WORK RULES
To ensure orderly operations and provide the best possible work environment, Tijuana Flats expects
employees to follow rules of conduct that will protect the interests and safety of all employees and the
organization.
It is not possible to list all the forms of behavior that are considered unacceptable in the workplace.
The following are examples of infractions of rules of conduct that may result in disciplinary action, up
to and including termination of employment:
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Theft or inappropriate removal or possession of property
Falsification of timekeeping records
Working under the influence of alcohol or illegal drugs
Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the
workplace, while on duty, or while operating employer-owned vehicles or
equipment
Fighting or threatening violence in the workplace
Boisterous or disruptive activity in the workplace
Negligence or improper conduct leading to damage of employer-owned or
guest-owned property
Insubordination or other disrespectful conduct
Violation of security procedures, or safety or health rules
Smoking in prohibited areas
Sexual or other unlawful or unwelcome harassment
Possession of dangerous or unauthorized materials, such as explosives or
firearms, in the workplace
Excessive absenteeism or any absence without notice
Unauthorized absence from work station during the workday
Unauthorized use of telephones, mail system, or other employer-owned
equipment
Unauthorized disclosure of business “secret” or confidential information
Violation of personnel policies
Unsatisfactory performance or conduct
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SOLICITATION/DISTRIBUTION
To avoid disruption of the Company’s operation and disturbance of the customers, the following rules
apply to solicitation and distribution of literature on the company’s property.
Outsiders:
Persons not employed by Tijuana Flats may not solicit or distribute literature or anything else on
company property at any time for any purpose.
Employees:
Employees of the Company may not solicit during working time for any purpose. Employees may not
distribute literature at any time for any purpose in working areas. Working areas are all areas of the
Company’s property except the break areas.
Working time does not include break periods, meal times, or other time during the workday when
employees are not working. Working time includes the working time of both the employees doing the
soliciting or distributing and the employee to whom the soliciting or distributing is directed.
FRATERNIZATION POLICY
Employment of Relatives/Dating
We do not prohibit employment of relatives, but will not approve job assignments that create or
appear to create conflicts of interest or favoritism, as determined by the Company.
*
*
*
*
*
“Relative” in these instances, includes legal relatives through blood or marriage as well as
others living together as a couple or family.
No employee can be the approval signature affecting wages, hours, and working conditions of
a relative, nor can one relative directly supervise the other.
Dating is not allowed between employees with any type of reporting relationship to each
other. “Reporting relationship” includes:
An Employee with direct or indirect control over, or with the authority to take disciplinary
action about the other.
An Employee, who audits, verifies, receives, or handles money that is the responsibility
the other.
of
Participation by a manager or supervisor at any social event or function involving team members (i.e.
parties, sporting events) should be carefully reviewed to ensure that it does not compromise the
integrity of the team member and the Company. Such participation must be approved by the
individual’s supervisor in advance so as to avoid subsequent misunderstandings.
Managers/Supervisors who become involved or feel that they may become involved in such a
relationship must request a transfer. Whether these dating or living situations exist or where they
develop through promotion or transfer, action will be taken to transfer or terminate either of the
involved parties within a reasonable period of time after the relationship has developed or was
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established. If a transfer or termination is necessary, the involved supervisor will recommend, to
his/her supervisor, which one of them should be transferred or terminated.
The decision to transfer or terminate is the prerogative of the superior of the involved parties. It is the
responsibility of the involved supervisor to make his/her superior aware of the situation. Team
members or managers/supervisors who are transferred under the provisions of this policy are
transferred solely for the team member’s benefit and the company assumes no obligation to pay
expenses for this relocation.
Each situation will be evaluated on an individual basis and decisions will be made by Human Resources
based off business needs in the best interest of the employee and company.
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SOCIAL MEDIA POLICY
At Tijuana Flats, we understand that social media can be a fun and rewarding way to share your life
and opinions with family, friends and co-workers around the world. However, use of social media also
presents certain risks and carries with it certain responsibilities. To assist you in making responsible
decisions about your use of social media, we have established these guidelines for appropriate use of
social media.
This policy applies to all team members who work for Tijuana Flats, or one of its subsidiary companies.
GUIDELINES
In the rapidly expanding world of electronic communication, social media can mean many things.
Social media includes all means of communicating or posting information or content of any sort on the
Internet, including your own or someone else’s web log or blog, journal or diary, personal web site,
social networking or affinity web site, web bulletin board or a chat room, whether or not associated or
affiliated with Tijuana Flats, as well as any other form of electronic communication.
The same principles and guidelines found in Tijuana Flats’ policies and three basic beliefs apply to your
activities online. Ultimately, you are solely responsible for what you post online. Before creating online
content, consider some of the risks and rewards that are involved. Keep in mind that any of your
conduct that adversely affects your job performance, the performance of fellow team members or
otherwise adversely affects members, guests, suppliers, people who work on behalf of Tijuana Flats
or Tijuana Flats legitimate business interests may result in disciplinary action up to and including
termination.
Know and follow the rules
Carefully read these guidelines, Tijuana Flats’ policies on Conduct and Work Rules, Harassment and
Sexual Harassment, and ensure your postings are consistent with these policies. Inappropriate
postings that may include discriminatory remarks, harassment, and threats of violence or similar
inappropriate or unlawful conduct will not be tolerated and may subject you to disciplinary action up to
and including termination.
Be respectful
Always be fair and courteous to fellow team members, customers, members, suppliers or people who
work on behalf of Tijuana Flats. Also, keep in mind that you are more likely to resolve work related
complaints by speaking directly with your co-workers or by utilizing our Open Door Policy than by
posting complaints to a social media outlet. Nevertheless, if you decide to post complaints or criticism,
avoid using statements, photographs, video or audio that reasonably could be viewed as malicious,
obscene, threatening or intimidating, that disparage guests, team members or suppliers, or that might
constitute harassment or bullying. Examples of such conduct might include offensive posts meant to
intentionally harm someone’s reputation or posts that could contribute to a hostile work environment
on the basis of race, sex, disability, religion or any other status protected by law or company policy.
Be honest and accurate
Make sure you are always honest and accurate when posting information or news, and if you make a
mistake, correct it quickly. Be open about any previous posts you have altered.
Remember that the Internet archives almost everything; therefore, even deleted postings can be
searched. Never post any information or rumors that you know to be false about Tijuana Flats, fellow
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team members, guests, suppliers, and people working on behalf of Tijuana Flats or competitors.
Post only appropriate and respectful content
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Maintain the confidentiality of Tijuana Flats trade secrets and private or confidential
information. Trades secrets may include information regarding the development of systems,
processes, products, know-how and technology. Do not post internal reports, policies,
procedures or other internal business-related confidential communications.
Respect financial disclosure laws. It is illegal to communicate or give a “tip” on inside
information to others so that they may buy or sell stocks or securities. Such online conduct
may also violate the Insider Trading Policy.
Do not create a link from your blog, website or other social networking site to a Tijuana Flats
website without identifying yourself as a Tijuana Flats team member
Express only your personal opinions. Never represent yourself as a spokesperson for Tijuana
Flats. If Tijuana Flats is a subject of the content you are creating, be clear and open about the
fact that you are a team member and make it clear that your views do not represent those of
Tijuana Flats, fellow team members, guests, suppliers or people working on behalf of Tijuana
Flats. If you do publish a blog or post online related to the work you do or subjects associated
with Tijuana Flats, make it clear that you are not speaking on behalf of Tijuana Flats. It is best
to include a disclaimer such as “The postings on this site are my own and do not necessarily
reflect the views of Tijuana Flats.”
Using social media at work
Refrain from using social media while on work time or on equipment we provide, unless it is workrelated as authorized by your manager or consistent with the Use of Phones, Computers and Mail
Systems Policy. Do not use Tijuana Flats email addresses to register on social networks, blogs or other
online tools utilized for personal use.
Retaliation is prohibited
Tijuana Flats prohibits taking negative action against any team member for reporting a possible
deviation from this policy or for cooperating in an investigation. Any team member who retaliates
against another Team Member for reporting a possible deviation from this policy or for cooperating in
an investigation will be subject to disciplinary action, up to and including termination.
Media contacts
Team Members should not speak to the media on Tijuana Flats’ behalf without contacting the
Marketing Department at the Tijuana Flats Support Center. All media inquiries should be directed to
them.
For more information
If you have questions or need further guidance, please contact your HR representative.
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TIJUANA FLATS MEDIA/PRESS POLICY
Communications
Tijuana Flats is an established and highly respected company. We have a reputation for providing
amazing service and fresh food in a fun, “cool” environment. We enjoy strong and loyal relationships
with our guests.
While providing this service, the news media is frequently interested in Tijuana Flats. We have a
responsibility to be open and responsive to their information requests because the media are among
the many ways our guests and communities build their perceptions of Tijuana Flats.
This policy exists to assure that information disclosed by Tijuana Flats is timely, accurate,
comprehensive, legally compliant, authoritative and relevant to all aspects of Tijuana Flats.
This media policy applies to all team members and corporate employees of Tijuana Flats and its
Franchise Partners and covers all external news media including broadcast, electronic and print. If you
are contacted by a reporter, please do not give out any information, no matter how
insignificant it may seem to you. Instead, ask the reporter which newspaper, magazine, and radio
or television station or web publication they represent and their phone number. Then immediately
send the information to the corporate Marketing Department, attention Vice President of Marketing. No
cameras should be allowed inside the restaurant or in the back of the house and reporters should not
be allowed to speak to guests or employees inside the restaurants.
Marketing will coordinate with the appropriate teams within the company in order to respond to the
media inquiry.
OUTSIDE EMPLOYMENT
Employees may hold outside jobs as long as they meet the performance standards of their job with
Tijuana Flats. All employees will be judged by the same performance standards and will be subject to
Tijuana Flats’ scheduling demands, regardless of any existing outside work requirements.
If Tijuana Flats determines that an employee’s outside work interferes with performance or the ability
to meet the requirements of Tijuana Flats as they are modified from time to time, the employee may
be asked to terminate the outside employment if he or she wishes to remain with Tijuana Flats.
Outside employment that constitutes a conflict of interest is prohibited. Employees may not receive
any income or material gain from individuals outside Tijuana Flats for materials produced or services
rendered while performing their jobs.
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COMPANY OWNED/LEASED VEHICLES POLICES
AND PROCEDURES
Eligibility to Drive a Company Vehicle
Employees eligible for a company vehicle are selected at the discretion of the company’s Board of
Directors and VP of Human Resources. Prior to vehicle assignment, an eligible employee must prove
that he or she has a valid driver’s license and a reputable driving history.
Pre-Driver requirements
Drivers are required to sign a release to run a Motor Vehicle Report (MVR), prior to Driving for
Company business. If the report is returned with any of the following violations, the company will need
to evaluate the eligibility to drive for Company Business.
Type A violations
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(one violation)
Driving under the influence, drugs or alcohol
Refusing to take substance test
Driving with Open Container
Reckless driving
Hit and Run
Fleeing or evading police
Racing
Driving with Suspended license
Vehicular assault
Type B violations (two or more)
Moving
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violations that include:
Speeding
Improper lane change
Failure to yield
Failure to obey traffic signal or signs
Accidents
Any violation that is related to a moving violation
*Annual checks may occur
Loss of Company Vehicle Privilege
Driving a company vehicle may be withdrawn for any of the following reasons:
 Abuse or misuse of the vehicle or failure to comply with the procedures stipulated in this
company policy.
 A poor driving record during the time you are operating a company vehicle (under certain
circumstances, this may be grounds for termination).
 Conviction or a guilty plea to driving a company vehicle under the influence of alcohol or an
illegal controlled substance.( this may be grounds for termination)
 If for any reason, an employee’s driver’s license is revoked, suspended, or restricted, (Human
Resources must be notified immediately).
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Safety
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It is mandatory that seat belts be used by all occupants of a company vehicle.
The Company expects all employees to drive defensively during business and personal travel.
To obey all traffic laws, and prohibits employees from driving under the influence of drugs and
alcohol.
Company vehicles should not be used to transport flammable items, hazardous materials or
illegal substances of any kind.
No Texting or email while driving
Traffic Violations
Excessive speeding violations and/or accident history may exclude a driver from being covered by
company-provided insurance and may make them ineligible to receive a company-provided vehicle.
 Traffic violation or a parking ticket, must be paid immediately.
 All traffic violations and parking tickets should be reported to your immediate supervisor/human
resources.
 Under no circumstances should traffic or parking fines be charged to the Company.
 A driver with three (3) moving violations or any combination of three accidents and/or moving
violations within a three-year period may be prohibited from driving a company vehicle due to
insurance reasons.
 Any driver with a violation associated with alcohol or drugs will be prohibited from driving a
company vehicle.
(This type of violation may also be grounds for immediate termination at the discretion of
management)
Personal Use of a Company Vehicle
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Company vehicles are to be used primarily for Company business.
Limited personal use is allowed. (charges will apply for personal miles)
If you use the vehicle for a vacation and or significant personal travel, gas will not be
reimbursed and Gas Card should not be used. Example: You live in Tampa and you drive to a
Ball Game in Miami, this would be personal miles and you are responsible for the Gas. Questions
about this travel refer to your Supervisor.
The employees spouse and or other authorized company employee are allowed to operate the
vehicle.
All rules and procedures outlined in the Company Car Policies and Procedure apply to an
employee’s spouse and or authorized employee.
It is the employee’s responsibility to ensure that these rules and procedures are followed.
No other drivers are permitted to operate a company vehicle.
Vehicle Maintenance
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Every driver of a company vehicle is expected to maintain his or her assigned vehicle in a safe
operating condition. (Minimum service, every 5000 miles.)
Maintenance schedules outlined in your vehicle’s owner manual should be followed. Particular
attention should be paid to the maintenance requirements for keeping the warranty of your
vehicle in effect.
Never leave a company vehicle at a service facility without specific instructions as to what work
needs to be done.
It is the employee’s responsibility to call for pre-approval for any items needed that are not
considered regular maintenance.
All drivers of company owned / leased vehicles must keep a mileage Log with business and
personal mileage. (Reason: taxes and or personal use charge). See lease vehicle supplemental
policy for Lease Driver details.
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Travel precautions
The company driver is responsible for ensuring all necessary precautions are taken to prevent damage
and theft of the company vehicle and/or its contents at all times. Whenever you leave a company
vehicle, follow these precautions:
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Roll up all windows.
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Lock all doors.
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Do not leave merchandise and equipment in open view inside a car, which may tempt a breakin.
Lock all valuable items inside the trunk when the vehicle is left unattended.
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The company will not be responsible for items stolen.
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Trailer Towing
Your company car should not be fitted with a trailer hitch to pull a trailer or boat without prior
authorization from the company.
What to do in case of an accident or break-in of the company vehicle
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All accidents / break-ins no matter how small must be reported to the company. Be very
detailed when collecting and documenting information after an accident. Take pictures of both
vehicles.
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The driver must notify the local police of the accident and obtain a copy of the police report
for the company file.
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If the employee was at fault in an accident while driving a company vehicle, the deductible for
collision coverage may be the responsibility of the employee.
If the employee grants permission for someone to drive their assigned vehicle other than their spouse
or an authorized company employee, the employee may be responsible for all damages.
Four Classes of Drivers for Tijuana Flats
Car Allowance Drivers
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This allowance should be used for all expenses associated with your vehicle, except fuel.
Keep a personal record of your business miles; you will need this for your taxes at the end of
the year.
If you use a Gas Card, record actual mileage from your vehicle each time you fill up, so we can
properly track usage.
If you need to use another vehicle because your vehicle is in for repairs etc… charge your gas
and turn in on an expense report. This way the tracking will not be affected on the reports we
receive from Enterprise.
Lease Vehicle Drivers
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Keep tracking of your Total miles, with a breakdown of Business vs. Personal.
Submit tracking to HR at the end of the month to calculate your personal mileage charges.
Keep all Maintenance up to date on the vehicle and record in maintenance manual.
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
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Keep the car in good condition, clean and in good repair for turn-in and re-sale purposes.
Use Gas Card and record actual mileage from your vehicle each time you fill up, so we can
If you need to use another car because your car is in for repairs etc… charge your gas and
turn in on an expense report. This way the tracking will not be affected on the reports we
receive from Enterprise.
Company Owned Vehicle Drivers
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Use Gas Card and or keep receipts to turn in on expense report.
If using Gas Card, record actual mileage from your vehicle each time you fill up, so we can
If using Gas Card and you need to use another car because your car is in for repairs etc…
charge your gas and turn in on an expense report. This way the tracking will not be affected
on the reports we receive from Enterprise.
Keep all Maintenance up to date on the vehicle and record in maintenance manual.
Keep the car in good condition, clean and in good repair for turn-in and re-sale purposes.
Report mileage to HR on a monthly basis.
Personal Vehicle
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Turn in Business mileage for reimbursement at current IRS mileage rate.
If you have a one day trip planned and it is 200 miles or more round trips, renting a car from
an approved Rental Company should be considered to save cost.
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LEASE VEHICLE SUPPLEMENTAL POLICY
This benefit includes:

Vehicle, Insurance, Gasoline
Vehicle type- Car, Truck, or Work Van Depending on Availability, Cost and the use of the
vehicle.
Insurance-Coverage is paid as part of the Lease. An insurance Card will be provided and should
be kept in the vehicle. Report all incidents to the number on the card and also to the Human Resource
Dept. immediately.
Maintenance-All routine maintenance will be covered as part of the Lease. A Maintenance Card
will be provided and should be kept in the vehicle. The approved repair facilities will be listed on the
card and all scheduled maintenance must be completed according to the suggested schedule.
Items not covered in this lease: Tires. If you have problems with a tire or you feel you
need to replace one or more, please call for approval before ordering.
Gasoline- Gas Card will be provided for the purchase of fuel. You will be given a PIN and be
required to enter your PIN and the mileage of your vehicle before fueling. This will help us track miles,
gas usage maintenance needs and keep us aware of total mileage for Lease vehicle overage charges.
*If you need to use another vehicle because your Lease vehicle is in the shop, please do
not use gas card. This will distort the numbers for the lease. Keep a receipt and turn in on
your expense report.
Mileage Report
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Miles must be tracked on a daily basis and turned into the Human Resource dept. at the end
of each month.
Record your total miles driven and breakout any personal miles driven for the month.
You can use this vehicle for personal use, but will be charged through the payroll system on
the last payroll of the month. The charges for personal use are based on a percent of the
monthly Lease payment taxes.
Example:
Lease payment is:
Total Miles driven:
Personal Miles driven
$600.00
2000
150
150 / 2000 = 7.5%
7.5% of the $600.00 lease = $45.00
$45.00 x 25% Tax level =$11.25 charge for personal use for the month
Tijuana Flats May and will change policy and procedures from time to time. We will attempt to notify
employees of these changes, but will not condition implementation of a change on the notification.
The Policy Manual is available on the Intranet for all employees to read.
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PHONE REIMBURSEMENT AND COVERED PHONE
POLICY
Employees who are eligible for the corporate Sprint cell phone plan but who are not covered by the
chosen plan, will be reimbursed at the corporate rate of $88 per month. Our rate includes unlimited
minutes, unlimited text, and unlimited data.
Employees who are on the corporate Sprint plan which is paid by TJF Management Company, only the
basic plan which covers unlimited minutes, unlimited text, and unlimited data will be paid. If you
choose to keep additional options, such as insurance for the phone or Sprint Hot Spot services, or use
any additional services, such as Directory Assistance, Call Forwarding, Downloads, etc., these will no
longer be paid by TJF Management Company. However, if you choose to use these services, these
charges will be deducted via payroll deductions. Insurance per phone is approximately $8 per month
and Hot Spot services are $29.99 per month plus applicable taxes. Directory Assistance calls are
usually $1.99 per call plus taxes.
In addition, for all employees regardless of if they are on the reimbursement plan or company plan, no
cell phone replacements will be covered by TJF Management Company. If your phone is lost, stolen,
destroyed, or if you wish to upgrade your phone, it is at the expense of the employee. For new
employees added to the corporate Sprint plan, TJF Management Company will pay for the initial phone
purchase only. New employees, who require a business phone, must send a request to the Director of
Accounting to be added to the plan. All requests and/or modifications need to be made to the Director
of Accounting moving forward.
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BUSINESS TRAVEL / EXPENSES
Tijuana Flats will reimburse employees for reasonable business travel expenses incurred while on
assignments away from the normal work location. The immediate manager must approve all business
travel in advance.
Employees whose travel plans have been approved are responsible for making their own travel
arrangements.
Employees should contact their manager for guidance and assistance on procedures related to travel
arrangements, expense reports, reimbursement for specific expenses, or any other business travel
issues.
When approved, the actual costs of travel, meals, lodging, and other expenses, directly related to
accomplishing business travel objectives will be reimbursed by Tijuana Flats. Employees are expected
to limit expenses to reasonable amounts.
When travel is completed, employees should submit completed travel expense reports within 30 days.
Receipts for all individual expenses should accompany reports.
Employees who are involved in an accident while traveling on business must promptly report the
incident to their immediate manager. Vehicles owned, leased, or rented by Tijuana Flats may not be
used for personal use without prior approval.
Abuse of this business travel expenses policy, including falsifying expense reports to reflect costs not
incurred by the employee, can be grounds for disciplinary action, up to and including termination of
employment.
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REIMBURSABLE EXPENSES POLICY
All employees seeking reimbursement must use the designated EXPENSE REPORT –Tijuana Flats
Burrito Company. All expenses must be submitted to your Department Head / supervisor and then sent
to the CFO (Todd Chase).
All expenses, whether out of pocket or billed to the company must be listed on the expense report.
There is a section for Employee Paid Expenses and a separate section for Company Billed Expenses.
There must be a receipt for every expense attached to the form, any expense item without a receipt
will be deducted from the reimbursement amount.
We track expenses by department/cost center. You must specify the PURPOSE/ COST center
associated with day of your expense. An example if you are at an NSO store for training, just list NSO
and give the location. If there was some other reason or purpose, list accordingly.
If you are submitting a request for mileage reimbursement, you must keep a mileage log, tracking to
and from travel. This is best done by submitting a MAPQUEST printout of the driving directions which
will include the miles from the start to end points.
Expense reports received by Tuesday at 9:00 AM by the Vice President of Finance/Treasury will be
processed for payment and available on Friday.
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REIMBURSABLE EXPENSES SUGGESTED
GUIDELINES
All expenses must be documented with detail receipts. Expense Reports must be complete with name,
bill to, date of visit, location, date submitted, and purpose of visit and must have your signature and
date with approval signature.
Category details
1. Gas
 Gas cards (if eligible) must be used for all fuel charges while on Tijuana Flats business
 If your card is not working you must turn in gas receipts for fuel purchases
 If you need to drive another vehicle, other than your primary vehicle used for company
business, please turn in receipts for gas. The reason for this is that the gas cards work off of
the mileage on your primary vehicle and is used to track mileage.
 If you do not receive a car allowance and travel for business with your personal vehicle, you
will receive mileage (current rate) as your reimbursement
 If you need to travel on company business and your trip is a one day trip and is 200 miles or
more (round trip), renting a car should be considered to save cost.
2. Meals
Travel outside your home market
 Guidelines for meal purchases
Breakfast
$10.00
Lunch
$12.00
Dinner
$20.00 - $30.00
 Reasonable amounts will be accepted - Be responsible
 Utilize Comp Card at Tijuana Flats when possible
 Detailed, itemized receipts must be attached to your Expense Report
Travel in your home area
 Any meals purchased must be for a business related reason to be reimbursed and have
approval from your immediate supervisor
3. Lodging
 Overnight stays are for business purpose only
 Budget should be top of mind when making reservations for a hotel stay
 The following hotels should be contacted first (Corporate discounts available): LaQuinta Inns,
Comfort Suites, Extended stays
 Goal is always to find a hotel that is in a safe area and under $99.99 per night
 Items that will not be reimbursed are: Room service, Phone charges (if you have a company paid
cell phone), Movies, In room service bar
4. Airfare
 Flights should be booked in advance for all possible discounts
 Fare price should be first priority
 Any cost for upgrades and or changes for personal reasons are at your own expense
5. Supplies /Miscellaneous Expense
 Examples includes: Meeting room rental, Reward and Recognition for employees or managers,
Special event rental items, purchases as need if necessary for your day to day business.
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DRUG AND ALCOHOL USE
It is Tijuana Flats’ desire to provide a drug-free, healthful, and safe workplace. To promote this goal,
employees are required to report to work in appropriate mental and physical condition to perform their
jobs in a satisfactory manner.
While on Tijuana Flats premises and while conducting business-related activities off Tijuana Flats
premises, no employee may use, possess, distribute, or be under the influence of alcohol or illegal
drugs. The legal use of prescribed drugs is permitted on the job only if it does not impair an
employee’s ability to perform the essential functions of the job effectively and in a safe manner that
does not endanger themselves or other individuals in the workplace.
Employees who visit Tijuana Flats on days off are expected to behave in a manner so as not to
embarrass him or herself or the company.
Violations of this policy may lead to disciplinary action, up to and including immediate termination of
employment, and/or required participation in a substance abuse rehabilitation or treatment program.
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INSPECTIONS AND SEARCHES
The Company reserves the right to conduct inspections and searches at any time, on Company
premises, for prohibited materials and for Company property.
Routine searches for Company property may include lockers, vehicles, work counters, file cabinets,
closets, computer files, voicemail, or similar locations where one may place Company property or
Company related information, whether or not such places are locked or protected by access codes.
P.O.S. SAFETY AND SECURITY POLICY
In compliance with the Payment Card Industry Data Security Standard (PCI DSS) Tijuana Flats Burrito
Company has developed a Point of Sales (POS) Safety and Security Policy. This policy was developed
in accordance to the PCI DSS standards set in place by the major credit card companies to help
organizations that process card payments prevent fraud, hacking and various other security
vulnerabilities and threats.
POS Safety and Security Policy:
1. All users with remote access will have one Logmein.com account assigned to them. Only
users with the need to access the POS terminals will be granted access to these accounts and
will be responsible for all actions of that account. All activity of each account will be logged
2. Passwords granting remote access to the POS systems will be changed monthly
3. An Automated program will encrypt and archive all Credit Card information for over one week
old. This data will be sent securely to an off-site server.
4. No wireless routers will ever be used by our restaurants
5. Monthly security scan will be run for each store, with Virus Scanning, Malware scanning,
Firewalls all checked for any security issues
6. Alerts will be sent to the Tijuana Flats IT Staff if there are any new programs installed or other
changes on the system not prompted by the Tijuana Flats IT staff.
7. No Ports will be open on any firewalls at our restaurants.
8. When handling credit cards, employees should restrict access to cardholder data until needed,
and restrict physical possession of payment cards, driver’s licenses, and ID’s; keeping the card
and identification in plain view of the guest.
Improper use of computer systems or improper handling of credits cards by any Tijuana Flats
employees will be subject to prompt disciplinary action up to and including termination of employment
and are subject to fines and criminal charges.
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TIJUANA FLATS CASH AND BANKING PROCEDURES
Cash Deposits
Cash deposits must be made every day including the weekends, prior to 4PM.
 It is mandatory every night that the closing manager places the deposit and a filled out deposit
slip in a sealed deposit bag. This bag must be marked with the date, store location name, store
number, dollar amount and closing manager signature.
 All deposit slips must be initialed by the manager that prepared them. The deposit amount and
deposit bag tracking number must be logged in the Hot Schedules Digital Redbook. The deposit
bag strip, containing the tracking number, must also be stapled to the deposit receipt once it is
received.
 Managers are required to receive a deposit receipt from the bank every time a deposit is made. On
Mondays, the receipts for the weekend deposits must be requested as well.
 In order to keep better track of deposits, the same branch needs to be used every time a
deposit is made. For safety reasons, deposits must never be made at night.
Weekend/Holiday Deposits
The deposit drop box is only for use on Saturdays, Sundays and holidays when the bank is closed. If
keys are needed for weekend drops please contact Jessica Rodriguez, the Accounting and Finance
Associate, at 407-506-1623.
Deposit Slips/Bags
When the store needs to order deposit slips or bags contact Jessica Rodriguez
(jessica.rodriguez@tijuanaflats.com), prior to running out. All old deposit slip booklets must be
shredded. Shredding is available at the Support Center if needed.
Counterfeit
It is required that all cashiers are trained to utilize a dual purpose ultraviolet light cash marker for $20
bills, in addition to $50-$100. There must be one marker at each register. If a fraudulent bill is
received, it will post to the cash over/short line.
Cash Counts & Checkouts
Cash counts are required in the morning before the restaurant opens for business, at Mid-day and at
the end of the PM shift. Register checkouts must occur at Mid-day and at closing. The Manager
scheduled for the closing shift must complete the Mid-day cash count.
For security reasons it is required that all cash be counted in the front of house, visible to the camera
over the registers.
For safety and security over night, ALL cash from the registers must be placed in the safe (either each
in their own sealed bag or envelope) and the register drawers left visibly open.
Petty Cash
Petty cash must only be used to make change during shifts. It is mandatory that the cash never be
less than what is required, based on the stores par bank. Under no circumstances should there be
IOU’s or receipts in place of money in the petty cash.
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Change Orders
Change orders should be called into the stores specified bank branch prior to pickup.
Tips
All tips collected from Open to 4p.m. must be included as tips for the A.M. shift, regardless of whether
or not a cashier is working at midday. Respectively, all tips collected from 4p.m. to close must be
included as tips for the P.M. shift.
 When closing, DO NOT BATCH OUT CREDIT CARDS BEFORE ADDING TIPS. Once the batch is
sent, there is no way to adjust those credit cards for tips.
 Once all tips have been entered into the POS and the register is closed out, an “Employee
Checkout” summary ticket prints listing the total amount of credit card tips for that register. The
manager must compare the tips listed on the checkout ticket to the credit card receipts to ensure
accuracy. Upon verification, the manager must initial the checkout. These summary tickets must
be kept on file with the credit card receipts for that shift.
 Employees must sign their tip envelopes next to the tip amount, verifying that they received the
tips. Managers must also watch to ensure that employees are claiming tips in the POS at the
time that they are received.
Manager Cards
Manager cards must be swiped into the POS when prompted. Each manager must have their own card
and they are not to be shared. Manager cards must never be left at the register unattended and are
required to be kept on the managers at all times.
House Accounts
House account cards are only given to authorized support center staff who travel to store locations on
a regular basis. The house account card is used as a form of payment and is charged back to the
support center each month.
You will find the house account payment button on the payment screen. This form of payment type
requires a manager swipe.
 House account card payments need to be treated the same as any other form of payment.
 Unauthorized or fraudulent use of house account cards will be investigated.
 Please be sure to have the authorized card user sign the payment receipt and keep with all
other signed receipts.
 For all transactions using a house account, a second receipt must be printed. Please be sure to
give the house account card user the second receipt as these must be submitted into the
corporate office to verify proper use.
1. Swipe the house account card
2. Hit the “Print receipt” button on the POS to print the first receipt
3. Close the check and the second receipt will print
 No change, tips, cash back or gift cards can be given when using a house account card. House account
users should also not receive any comp discounts, such as employee benefits, when using the card.
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Paid Outs
Paid outs MUST only occur in emergency situations and require approval from your Area
Supervisor.
No Vendors are to be paid with cash through paid outs.
 Including – Window washers, Pressure cleaning, Entertainment of all kinds (Balloon artists,
Bands or Rentals)
 All Vendors must send a filled out W-9 to the office to receive payment
Use discretion - No paid outs will be honored for purchases of personal items. Under no
circumstances should a paid out be used to pay ones’ self back for purchases related to travel
(including hotel stay, car rental, mileage, tolls, Manager/Trainer outings, etc.). If a manager or
employee requires reimbursement they must submit an expense report to the Support Center.
Acceptable Paid Outs with Area Supervisor approval:
 Ice – in the case of a special event or if the ice machine is not working properly
 Grocery store – ONLY if CBI did not deliver an item
Missing Information - Paid outs made without the proper documentation will result in those
charges being moved to the over/short line on the Profit & Loss statement.
Submitting Documentation- All Paid outs are to be scanned and emailed DAILY to
accountspayable@tijuanaflats.com. Please be sure to note the words Paid Out Store XXX in the subject
line of the email.
The following guidelines are required for a proper submission:
 Manager Name printed not signed on the Paid Out slip.
 Clear description of all the items purchased on the Paid Out slip.
 Itemized receipt for all purchases made.
 Receipt and Paid Out slip taped to one sheet of paper side by side.
 Two paid outs maximum per page.
 If you do a paid out where there are multiple paid outs for one receipt. Please do the
following.
o Example: Partially R&M, Partially Office Supplies make sure all slips are scanned over
with that receipt. All of the prior steps are still required for these paid outs as well.
Opening Register Drawers
If for any reason, a register drawer needs to be opened in the middle of a shift, the “Open Drawer”
button on the Manager screen must be used and a manager card swipe is required. If open tickets on
the screen are preventing the manager from opening the drawer, a register key may be used. Register
keys must be kept on managers at all times during a shift. Cash checks are never to be reopened
as a means of opening the register drawer.
Promos/Comps
A manager card must be swiped, when appropriate, to apply a promo or comp to a ticket. No more
than one comp or promo may be applied to a ticket.
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Employee Comps – Employees may receive one Employee Comp a day, which is 50% of
their entrée, whether they are working or not.
Manager Comps– Managers may receive one Manager Comp a day, which is 100% of their
entrée, whether they are working or not.
Merchandise Comps– Managers and employees may receive a 50% discount on
merchandise purchases.
Manager and Employee Comps are for managers and employees ONLY. The Manager or Employee name
must be fully entered into the POS both as the name on the ticket and the name associated with the comp.
All meals must be rung in at the time that they occur.
Meal comps may not be accrued and may only be applied to ONE entrée. They must not be applied to
an entire ticket with multiple orders on it. Manager and Employee Comps may not be applied to alcoholic
beverages and must not be used in conjunction with other comps.
Reopen Checks/Voids
A check may only be reopened on the rare occasion that a void is needed. The only time an item may
be voided from a ticket is if the guest changes their mind. A manager card must be swiped to reopen a
check and void items in the POS.
Any daily void totals higher than $25 must be reported to the Area Supervisor and Jessica Rodriguez,
the Accounting and Finance Associate, at 407-506-1623 or jessica.rodriguez@tijuanaflats.com.
Receipts
Every register transaction that takes place must have a receipt, including cash transactions.
Daily Sales Reports
At the end of the night, after each register has been checked out and all of the funds have been
counted, it is time to complete the daily sales report.
1. Log into Aloha Configuration Center using manager number and password
2. Under “reports”, highlight “sales” and then “sales”
3. Click on “today”
4. Click “change deposit”
5. Highlight the deposit and click “edit” (disregard any number already there)
6. Enter deposit in whole dollars (1234.00 not 1234.35)
7. Click “ok”
8. Click “print” – this is your daily sales report or DSR
9. The bottom of page 3 will show your deposit over/short +/- $2 is ok, if not double check the
following:
a. Are all credit card tips entered?
b. Are all drawers at $200 each?
c. Are any big bills mixed in with the credit card slips?
d. Is backup change up to par? The petty cash and drawers should always be kept at the
set amount. If the petty cash or drawers are over/short make up the difference from
the cash deposit.
e. Exit Aloha Configuration Center
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The steps listed above must be completed every night. If the deposit is entered in the DSR correctly, it
should not appear in the cash over/short line. The deposit that posts to the bank must match the deposit
that is entered as the cash deposit in the DSR for that day.
Credit Card Processing
At the end of business each day, ensure all credit cards have been adjusted accordingly with the
correct tips. Next, verify that the credit card totals on the DSR in Configuration Center (CF), match the
totals on the EDC.
 If they do match, batch the credit cards. This needs to be completed at the close of business,
every day.
o Note: 5/3 Bank and Amex must be highlighted and settled separately so that if there is
an error with one batch, a message will pop up specific to that batch.
 If the totals do not match, please call the Flats Tech Team at 407-614-6300 and they will
direct the manager as to what to do.
o In the event that the balance issue is not resolved that night:
1. Note the balance issue on the DSR and tape it onto Terminal 1.
2. A note must be made in the red book that EDC was not batched out and that
the Flats Tech Team needs to be contacted to review and resolve the batch
problem.
3. An e-mail must also be sent to jessica.rodriguez@tijuanaflats.com notifying
them of the situation.
4. After the Flats Tech Team has resolved the issue, batch EDC.
Internet/Credit Card Issues
If the store is having internet connection issues and is unable to process credit cards they must call
the Flats Tech Team. The team will assess the situation and let the store know if they need to go into
spool down. The store must not make this decision on its own. Once the internet has been restored,
the Flats Tech Team must be contacted to turn POS processing back on.
Chargebacks & Credit Card/Data Storage
A chargeback occurs when a customer is disputing a charge to their credit card. If the store is unable
to provide supporting documents to dispute the chargeback (typically a signed credit card receipt), it
will result in the return of those funds to the customer. The amount will then be charged to the unit’s
PNL, in the cash over/short line.
 Merchants are required to keep credit card data on file for 6 months.
 Most chargebacks are the result of fraud. To prevent this from happening:
o Refrain from hand keying card numbers into the POS as much as possible. The card
must be magnetically swiped to prove that is was present at the point of sale.
o Always get a signature on the receipt as this is the evidence required to dispute a
chargeback.
o Credit card tips must be entered into the system very carefully so as to charge the
correct customer the right amount. Only managers and shift leads are permitted to
enter tips into the POS system.
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Catering Sales, Payments and Tips
Catering orders must be rung in on the day the catering occurs. If the group is Tax Exempt, request a
copy of their Tax Exemption form. This form must be kept on file for auditing purposes. The catering
must then be rung in as Tax Exempt.
Credit Card Payments
It is preferred that credit cards are physically present and swiped for the payment of caterings. If
a credit card number must be taken over the phone, a Credit Card Authorization Form must be
filled out with all of the appropriate information. The customer will have the option to authorize
their card for one time use or have their card kept on file for frequent catering orders.
This form and the sales receipt must be signed by the card holder upon pick up or delivery of the
catering. The signed Credit Card Authorization Form must be stored in a small binder in the safe for a
maximum of 6 months, at which point it must be shredded. Following protocol regarding these
Authorization Forms is critical to ensuring that our company is in compliance with PCI regulations.
This is for the protection of both the customer and Tijuana Flats.
Check Payments
Cash and credit card are the only method of payment accepted. If a business has no other form of
payment available but a business check, the store must contact Natalie Wilson (407-506-1476) for
approval. Payment must be made at the time of pick up or delivery.
For existing business catering orders that are currently set up with payment terms:
 If the business requires an invoice for payment, it is the responsibility of the store to
provide an invoice. Invoice templates are available upon request from the office.
 Notify the Senior Treasury Manager if the store is having a catering that will not be paying
at the time of sale. The catering must be closed out using the “AR” Accounts Receivable
button, putting it in the catering fees line. The AR payment button requires a manager
swipe.
 It is the responsibility of the store to follow up on payments. Payments must be sent to the
Tijuana Flats Support Center, where they will be deposited into the stores bank account.
 Address: 9439 Forest City Road Suite #1000, Altamonte Springs, FL 32714
 Terms for payment may not exceed 30 days. If the store is unable to receive payment for a
catering after 90 days, the catering amount will be posted to the cash over/short line.
Catering Tips
If a guest wishes to leave a tip for a catering, they must do so at the time the card is swiped for
payment or they may leave a cash tip. If the credit card payment is processed without the tip, the
tip then becomes unredeemable.
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CATERING CREDIT CARD AUTHORIZATION FORM
All information will remain confidential.
Cardholder Name:
Billing Address:
CC Type: ____ Visa ____ MasterCard ____ Discover ____ Amex
Credit Card Number:
Expiration Date: ______
Card Security Code (last 3 or digits located on the back of the cc):______
Please select where appropriate:
One Time Use:
Order Amount to charge for one time use: $
Tip Amount
____
Multi – Use:
____
:$
I authorize Tijuana Flats to charge the agreed amount listed above to the credit card
provided herein.
I authorize Tijuana Flats to keep the credit card provided herein on file for a maximum of
6 months.
Cardholder:
Tijuana Flats Manager:
Signed:
Signed:
Name:
Name:
Dated:
Dated:
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Important employee information
EMPLOYMENT CLASSIFICATION
It is the intent of Tijuana Flats to clarify the definitions of employment classifications so that employees
understand their employment status and benefit eligibility. These classifications do not guarantee
employment for any specified period of time. The right to terminate the employment relationship at will
at any time is retained by both the employee and Tijuana Flats.
All employees are designated as either NONEXEMPT or EXEMPT from federal and state wage and hour
laws.
NONEXEMPT employees are employees whose work is covered by the Fair Labor Standards Act (FLSA).
They are NOT exempt from the law’s requirements concerning minimum wage and overtime.
EXEMPT employees are generally managers, professionals, administrative or technical staff who are
exempt from minimum wage and overtime provisions of the FLSA. Exempt employees hold jobs which
meet the standards and criteria established under the FLSA and Department of Labor.
An employee’s EXEMPT or NONEXEMPT classification may be changed only upon written notification by
Tijuana Flats Human Resources Department or Board of Directors.
Tijuana Flats has established the following categories for both non-exempt and exempt employees:
SALARIED PERSONNEL are employees who are not in a temporary or introductory status and
who are regularly scheduled to work Tijuana Flats’ full-time schedule. They are eligible for Tijuana Flats’
benefit package, subject to the terms, conditions, and limitations of each benefit program.
FULL TIME HOURLY PERSONEL is employees who are in a temporary or introductory status
and who are regularly scheduled to work 30 hours or more per week. Per Healthcare Reform, employees
who work an average 30 hours or more per week will be considered full-time in respect to Healthcare
Reform and therefore eligible for medical benefits.
PART TIME HOURLY PERSONEL are employees who are in a temporary or introductory status
and who are regularly scheduled to work less than 30 hours per week. While they do receive all legally
mandated benefits (such as Social Security and workers’ compensation insurance), they are not eligible
for the full Tijuana Flats benefit package.
AGE REQUIREMENTS
Tijuana Flats requires that all employees are of the minimum age of 16 years.
Employees under the age of 18 years are considered minors. For the definition and restrictions please
refer to the Labor Law Poster that is in each restaurant.
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WORK SCHEDULE
Work schedules for employees vary throughout our organization.
For part time employees:
Managers will advise employees of their individual work schedules. Staffing needs and operational
demands may necessitate variations in starting and ending times, as well as variations in the total hours
that may be scheduled each day and week.
Days off or scheduled requests must be submitted in writing one-week prior to the schedule being
posted. Once the schedule is posted, it is the employee’s responsibility to have their shifts covered by
another employee for a schedule change. All changes must be approved by a manager.
Restaurant managers:
General Managers will be responsible for making the management schedule. Managers will typically work
five days a week. Operational demands may necessitate variations in starting and ending times, as well
as variations in the total hours that may be scheduled each day and week. Request for days off must be
submitted to your supervisor 30 days prior.
Support Staff:
Standard support center hours are from 8:30-5:30, Monday through Friday. At times, hours will vary in
different departments and some nights and weekends may be needed. Requests for days off must be
submitted to your supervisor 30 days prior.
TIMEKEEPING
Accurately recording time worked is the responsibility of every nonexempt employee. Federal and state
laws require Tijuana Flats to keep an accurate record of time worked in order to calculate employee pay
and benefits.
Nonexempt employees should accurately record the time they begin and end their work, as well as the
beginning and ending time of each meal period that is 30 minutes or longer. They should also record the
beginning and ending time of any split shift or departure from work for personal reasons. Overtime work
must always be approved before it is performed.
Altering, falsifying, tampering with time records, or recording time on another employee’s time record
may result in disciplinary action, up to and including termination of employment.
It is the employees’ responsibility to certify the accuracy of all time recorded by reviewing their Aloha
time print out. The manager will review the time record before submitting it for payroll processing. In
addition, you should immediately inform your manager if your print out is not accurate. If corrections or
modifications are made to the time record, both the employee and the manager must verify the accuracy
of the changes.
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ATTENDANCE AND PUNCTUALITY
To maintain a safe and productive work environment, Tijuana Flats expects employees to be reliable and
to be punctual in reporting for scheduled work. Absenteeism and tardiness place a burden on other
employees and on Tijuana Flats. In the rare instances when employees cannot avoid being late to work
or are unable to work as scheduled, they should notify their manager as soon as possible in advance of
the anticipated tardiness or absence.
Poor attendance and excessive tardiness are disruptive. Either may lead to disciplinary action, up to and
including termination of employment.
PERSONAL APPEARANCE
Dress, grooming, and personal cleanliness standards contribute to the morale of all employees and affect
the business image Tijuana Flats presents to guests and visitors.
During business hours, employees are expected to present a clean and neat appearance and to dress
according to the requirements of their positions.
Tijuana Flats employee uniform standards are as follows:
All Employees are required to wear a Tijuana Flats logo-ed shirt (that has been distributed by Hot Foods,
Inc, only) that is clean and presentable. If the shirt is loose fitting and long enough to be tucked in, it
must be tucked in and worn with a belt (fitted shirts can be worn un-tucked). All shirts should be worn
as designed (no cutting, tying, etc.). Uniform bottoms must also be clean and presentable with no frays,
tears, or stains and should fit the employee properly. Acceptable uniform bottoms include, jeans, slacks
or shorts; skirts are acceptable for females. Employees are required to wear closed toed, slip-resistant
shoes, with socks. If an employee’s hair is longer than shoulder length it must be pulled back. All facial
hair should be neat and trimmed.
When an employee is off duty and out of uniform he or she should act as and be treated as a guest of
Tijuana Flats. He or she is not permitted to enter through the kitchen door, go into the kitchen or go
behind the cashier stations.
Slip Resistant Shoes:
Tijuana Flats requires that all employees, both FOH and BOH wear slip
resistant shoes that fully cover your feet while at work. (Examples:
sandals, ballet flats, Croc style/rubber clog style shoes with holes in the
top are not acceptable.) The appropriate shoes can be purchased locally
at Wal-Mart or Kohl’s Department stores. Tijuana Flats also offers Shoes
for Crews which can be paid for through payroll deductions. Each store
has a poster with details and order forms.
Consult your Manager if you have questions as to what constitutes appropriate attire.
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PROBLEM RESOLUTION
Tijuana Flats is committed to providing the best possible working conditions for its employees. Part of this
commitment is encouraging an open and frank atmosphere in which any problem, complaint, suggestion,
or question receives a timely response from Tijuana Flats managers and management.
Tijuana Flats strives to ensure fair and honest treatment of all employees. Managers and employees are
expected to treat each other with mutual respect. Employees are encouraged to offer positive and
constructive criticism.
If employees disagree with established rules of conduct, policies, or practices, he or she can express their
concern through the problem resolution procedure. No employee will be penalized, formally or informally,
for voicing a complaint with Tijuana Flats in a reasonable, business-like manner, or for using the problem
resolution procedure.
If a situation occurs when employees believe that a policy or a decision affecting them is unjust or
inequitable, they are encouraged to make use of the following steps. The employee may discontinue the
procedure at any step.
1. Employee presents problem to immediate manager after incident occurs. If manager is unavailable or
employee believes it would be inappropriate to contact that person, employee may present problem to
Area Supervisor and/or Human Resources.
2. Manager responds to problem during discussion or after consulting with appropriate management,
when necessary. Manager documents discussion.
3. Employee presents problem to Supervisor if problem is unresolved.
4. The employee is asked to put problem in writing. A visit with employee’s manager(s), if necessary,
may take place, and employee will be directed to Human Resources for review of problem.
5. Employee presents problem to Human Resources in writing.
6. HR reviews and considers problem. HR informs employee of decision and forwards copy of written
response for employee’s file. HR has full authority to make any adjustment deemed appropriate to
resolve the problem.
Not every problem can be resolved to everyone’s total satisfaction, but only through understanding and
discussions of mutual problems can employees and management develop confidence in each other. This
confidence is important to the operation of an efficient and harmonious work environment.
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PROGESSIVE DISCIPLINE
The purpose of this policy is to state Tijuana Flats’ position on administering equitable and consistent
discipline for unsatisfactory conduct in the workplace. The best disciplinary measure is the one that does
not have to be enforced and comes from good leadership and fair supervision at all employment levels.
Tijuana Flats’ own best interest lies in ensuring fair treatment of all employees and in making certain that
disciplinary actions are prompt, uniform, and impartial. The major purpose of any disciplinary action is to
correct the problem, prevent recurrence, and prepare the employee for satisfactory service in the future.
Disciplinary action may call for any of four steps -- verbal warning, written warning, suspension with or
without pay, or termination of employment -- depending on the severity of the problem and the number
of occurrences. There may be circumstances when one or more steps are bypassed.
Progressive discipline means, with respect to most disciplinary problems, these steps will normally be
followed: a first offense may call for a verbal warning; a next offense may be followed by a written
warning; another offense may lead to a suspension; and, still another offense may then lead to
termination of employment.
Tijuana Flats recognizes that there are certain types of employee problems that are serious enough to
justify either a suspension, or, in extreme situations, termination of employment, without going through
the usual progressive discipline steps.
While it is impossible to list every type of behavior that may be deemed a serious offense, the Employee
Conduct and Work Rules policy (pg. 40) includes examples of problems that may result in immediate
suspension or termination of employment. However, the problems listed are not all necessarily serious
offenses, but may be examples of unsatisfactory conduct that will trigger progressive discipline.
By using progressive discipline, we hope that most employee problems can be corrected at an early
stage, benefiting both the employee and Tijuana Flats.
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EMPLOYMENT TERMINATION
Termination of employment is an inevitable part of personnel activity within any organization, and many
of the reasons for termination are routine. Below are examples of some of the most common
circumstances under which employment is terminated:
 Resignation - voluntary employment termination initiated by an employee.
 Discharge - involuntary employment termination initiated by the organization.
 Layoff - involuntary employment termination initiated by the organization for non-disciplinary
reasons.
 Retirement - voluntary employment termination initiated by the employee.
Failure to give notice will result in an inability to be rehired.
Tijuana Flats will generally schedule exit interviews at the time of voluntary employment termination. The
exit interview will afford an opportunity to discuss such issues as employee benefits, conversion
privileges, repayment of outstanding debts to Tijuana Flats, or return of Tijuana Flats owned property.
Suggestions, complaints, and questions can also be voiced.
Since employment with Tijuana Flats is on an at-will basis, both the employee and Tijuana Flats have the
right to terminate employment at will, with or without cause, at any time.
RESIGNATION
Resignation is a voluntary act initiated by the employee to terminate employment with Tijuana Flats.
Although advance notice is not required, Tijuana Flats requests at least 1 week written notice of
resignation from nonexempt employees and 2 weeks written notice from exempt employees.
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NON-DISCLOSURE
The protection of confidential business information and trade secrets is vital to the interests and the
success of Tijuana Flats. Such confidential information includes, but is not limited to, the following
examples:
*
Compensation data
*
Marketing strategies
*
New product research
*
Research and development strategies
Employees who are exposed to confidential information may be required to sign a non-disclosure
agreement as a condition of employment. Employees who improperly use or disclose trade secrets or
confidential business information will be subject to disciplinary action, up to and including termination of
employment and legal action, even if they do not actually benefit from the disclosed information.
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EMPLOYMENT REFERENCE CHECK
To ensure that individuals who join Tijuana Flats are well qualified and have a strong potential to be
productive and successful, it is the policy of Tijuana Flats to check the employment references of
applicants.
The Company will respond in writing only to those reference check inquiries that are submitted in writing.
Responses to such inquiries will confirm only dates of employment, wage rates, and position(s) held. No
employment data will be released without a written authorization and release signed by the individual
who is the subject of the inquiry.
ACCESS TO PERSONNEL FILES
Tijuana Flats maintains a personnel file on each employee. The personnel file includes such information
as the employee’s job application, resume, records of training, documentation of performance appraisals
and salary increases, and other employment records.
Personnel files are the property of Tijuana Flats, and access to the information they contain is restricted.
Generally, only executives and management personnel of Tijuana Flats who have a legitimate reason to
review information in a file are allowed to do so.
Employees who wish to review their own file should contact their General Manager. With reasonable
advance notice, employees may review their own personnel files in Tijuana Flats’ offices and in the
presence of an individual appointed by Tijuana Flats to maintain the files.
PERSONNEL DATA CHANGES
It is the responsibility of each employee to promptly notify Tijuana Flats of any changes in personnel
data. Personal mailing addresses, telephone numbers, number and names of dependents, individuals to
be contacted in the event of emergency, educational accomplishments, and other such status reports
should be accurate and current at all times. If any personal data has changed, notify your manager.
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CONFLICTS OF INTEREST
Employees have an obligation to conduct business within guidelines that prohibit actual or potential
conflicts of interest. This policy establishes only the framework within which Tijuana Flats wishes the
business to operate. The purpose of these guidelines is to provide general direction so those employees
can seek further clarification on issues related to the subject of acceptable standards of operation.
Contact Human Resources for more information or questions about conflicts of interest.
An actual or potential conflict of interest occurs when an employee is in a position to influence a decision
that may result in a personal gain for that employee or for a relative as a result of Tijuana Flats’ business
dealings. For the purposes of this policy, a relative is any person who is related by blood or marriage, or
whose relationship with the employee is similar to that of persons who are related by blood or marriage.
No “presumption of guilt” is created by the mere existence of a relationship with outside firms. However,
if employees have any influence on transactions involving purchases, contracts, or leases, it is imperative
that they disclose to an officer of Tijuana Flats as soon as possible the existence of any actual or
potential conflict of interest so that safeguards can be established to protect all parties.
Personal gain may result not only in cases where an employee or relative has a significant ownership in a
firm with which Tijuana Flats does business, but also when an employee or relative receives any
kickback, bribe, substantial gift, or special consideration as a result of any transaction or business
dealings involving Tijuana Flats.
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BUSINESS ETHICS AND CONFLICTS
The successful business operation and reputation of Tijuana Flats is built upon the principles of fair
dealing and ethical conduct of our employees. Our reputation for integrity and excellence requires careful
observance of the spirit and letter of all applicable laws and regulations, as well as a scrupulous regard
for the highest standards of conduct and personal integrity.
The continued success of Tijuana Flats is dependent upon our guests’ trust and we are dedicated to
preserving that trust. Employees owe a duty to Tijuana Flats, its guests, and shareholders to act in a way
that will merit the continued trust and confidence of the public.
Tijuana Flats will comply with all applicable laws and regulations and expects its directors, officers, and
employees to conduct business in accordance with the letter, spirit, and intent of all relevant laws and to
refrain from any illegal, dishonest, or unethical conduct.
In general, the use of good judgment, based on high ethical principles, will guide you with respect to
lines of acceptable conduct. If a situation arises where it is difficult to determine the proper course of
action, the matter should be discussed openly with your manager and, if necessary, with a member of
the Human Resources Department for advice and consultation. If an employee does not feel comfortable
discussing the matter with their manager, they are encouraged to contact the Human Resources
Department.
Compliance with this policy of business ethics and conduct is the responsibility of every Tijuana Flats
employee. Disregarding or failing to comply with this standard of business ethics and conduct could lead
to disciplinary action, up to and including possible termination of employment.
Acceptance of gifts:
One of our most important core values is integrity; it always has been and will always continue. We are
all expected to operate our business with the utmost integrity with no hidden ethical agendas. Integrity
guides us with how we run the restaurants, conduct ourselves as professionals and how we treat all of
our business relationships. Our vendor and supplier relationships must be completely above board and
therefore transparent, allowing decisions to be made on the basis of quality, price, availability and
service. The giving and/or accepting of gifts in connection with your position at Tijuana Flats can lead to
or have the appearance of, a conflict of interest between personal and professional relationships and
should therefore, be avoided.
Gifts that are not to be accepted include cash, services, valuable privileges or property, vacations, loans
or excessive entertainment (high value tickets, fishing trips, etc.). Advertising or promotional materials
such as pens, notepads, calendars or items of nominal value may be accepted. Dinners in which business
is conducted is allowable, but invitations in an attempt to solidify business should be avoided. Certain
occasions may warrant solicitation of certain items from other persons or organizations in support of
special company-sponsored events, and those will be handed thru marketing.
Special requests for gifts / perks from outside suppliers, or should you receive any gifts / perks from
vendor relationships, please direct to marketing.
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INFORMATION TECHNOLOGY POLICY
The use of Tijuana Flats automation systems, including computers, fax machines, POS system and all
forms of Internet/intranet access, is for company business and for authorized purposes only.
Electronic communication should not be used to solicit or sell products or services that are unrelated to
the Company's business; distract, intimidate, or harass coworkers or third parties; or disrupt the
workplace.
Use of Company computers, networks, and Internet access is a privilege granted by management and
may be revoked at any time for inappropriate conduct carried out on such systems, including, but not
limited to:
 Sending chain letters or participating in any way in the creation or transmission of unsolicited
commercial e-mail ("spam") that is unrelated to legitimate Company purposes;
 Engaging in private or personal business activities, including use of social media sites;
 Accessing networks, servers, drives, folders, or files to which the employee has not been granted
access or authorization from someone with the right to make such a grant;
 Making unauthorized copies of Company files or other Company data;
 Destroying, deleting, erasing, or concealing Company files or other Company data, or otherwise
making such files or data unavailable or inaccessible to the Company or to other authorized users
of Company systems;
 Engaging in unlawful or malicious activities;
 Deliberately propagating any virus, worm, Trojan horse, trap-door program code, or other code
or file designed to disrupt, disable, impair, or otherwise harm either Tijuana Flats networks or
systems or those of any other individual or entity;
 Using abusive, profane, threatening, racist, sexist, or otherwise objectionable language in either
public or private messages;
 Causing congestion, disruption, disablement, alteration, or impairment of Company networks or
systems;
 Failing to log off any secure, controlled-access computer or other form of electronic data system
to which you are assigned, if you leave such computer or system unattended;
 Defeating or attempting to defeat security restrictions on company systems and applications.
Using Company automation systems to access, create, view, transmit, or receive racist, sexist,
threatening, or otherwise objectionable or illegal material, defined as any visual, textual, or auditory
entity, file, or data, is strictly prohibited. Such material violates Tijuana Flats anti-harassment policies and
subjects the responsible employee to disciplinary action. Tijuana Flats electronic mail system, Internet
access, and computer systems must not be used to harm others or to violate the laws and regulations of
the United States or any other nation or any state, city, province, or other local jurisdiction in any way.
Use of company resources for illegal activity can lead to disciplinary action, up to and including dismissal
and criminal prosecution. Tijuana Flats will comply with reasonable requests from law enforcement and
regulatory agencies for logs, diaries, archives, or files on individual Internet activities, e-mail use, and/or
computer use.
Unless specifically granted in this policy, any non-business use of Tijuana Flats automation systems is
expressly forbidden. If you violate these policies, you could be subject to disciplinary action, up to and
including dismissal.
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Ownership and Access of Electronic Mail, Internet Access, and
Computer Files; No Expectation of Privacy
Tijuana Flats owns the rights to all data and files in any computer, network, or other information system
used in the Company and to all data and files sent or received using any company system or using the
Company's access to any computer network, to the extent that such rights are not superseded by
applicable laws relating to intellectual property. Tijuana Flats also reserves the right to monitor electronic
mail messages (including personal/private/instant messaging systems) and their content, as well as any
and all use by employees of the Internet and of computer equipment used to create, view, or access email and Internet content. Employees must be aware that the electronic mail messages sent and received
using Company equipment or Company-provided Internet access, including web-based messaging systems
used with such systems or access, are not private and are subject to viewing, downloading, inspection,
release, and archiving by Company officials at all times. Tijuana Flats has the right to inspect any and all
files stored in private areas of the network or on individual computers or storage media in order to assure
compliance with Company policies and state and federal laws. No employee may access another
employee's computer, computer files, or electronic mail messages without prior authorization from either
the employee or an appropriate Company official.
Tijuana Flats uses software in its electronic information systems that allows monitoring by authorized
personnel and that creates and stores copies of any messages, files, or other information that is entered
into, received by, sent, or viewed on such systems. There is no expectation of privacy in any information
or activity conducted, sent, performed, or viewed on or with Company equipment or Internet access.
Accordingly, employees should assume that whatever they do, type, enter, send, receive, and view on
Company electronic information systems is electronically stored and subject to inspection, monitoring,
evaluation, and Company use at any time. Further, employees who use Company systems and Internet
access to send or receive files or other data that would otherwise be subject to any kind of confidentiality
or disclosure privilege thereby waive whatever right they may have to assert such confidentiality or
privilege from disclosure. Employees who wish to maintain their right to confidentiality or a disclosure
privilege must send or receive such information using some means other than Company systems or the
company-provided Internet access.
Tijuana Flats has licensed the use of certain commercial software application programs for business
purposes. Third parties retain the ownership and distribution rights to such software. No employee may
create, use, or distribute copies of such software that are not in compliance with the license agreements
for the software. Violation of this policy can lead to disciplinary action, up to and including dismissal.
Confidentiality of Electronic Mail
As noted above, electronic mail is subject at all times to monitoring, and the release of specific
information is subject to applicable state and federal laws and Company rules, policies, and procedures
on confidentiality. Existing rules, policies, and procedures governing the sharing of confidential
information also apply to the sharing of information via commercial software. Since there is the
possibility that any message could be shared with or without your permission or knowledge, the best
rule to follow in the use of electronic mail for non-work-related information is to decide if you would
post the information on the office bulletin board with your signature.
It is a violation of Company policy for any employee, including system administrators and supervisors,
to access electronic mail and computer systems files to satisfy curiosity about the affairs of others,
unless such access is directly related to that employee's job duties. Employees found to have engaged
in such activities will be subject to disciplinary action.
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Electronic Mail Tampering
Electronic mail messages received should not be altered without the sender's permission; nor should
electronic mail be altered and forwarded to another user and/or unauthorized attachments be placed on
another's electronic mail message.
Policy Statement for Internet/Intranet Browser(s)
The Internet is to be used to further Tijuana Flats mission, to provide effective service of the highest
quality to Tijuana Flats customers and staff, and to support other direct job-related purposes.
Supervisors should work with employees to determine the appropriateness of using the Internet for
professional activities and career development. The various modes of Internet/Intranet access are
Company resources and are provided as business tools to employees who may use them for research,
professional development, and work-related communications. Limited personal use of Internet resources
is a special exception to the general prohibition against the personal use of computer equipment and
software.
Employees are individually liable for any and all damages incurred as a result of violating company
security policy, copyright, and licensing agreements.
All Company policies and procedures apply to employees' conduct on the Internet, especially, but not
exclusively, relating to: intellectual property, confidentiality, company information dissemination,
standards of conduct, misuse of company resources, anti-harassment, and information and data
security.
Personal Electronic Equipment
Tijuana Flats prohibits the use or possession in the workplace of any type of camera phone, cell phone
camera, digital camera, video camera, or other form of image- or voice-recording device without the
express permission of Tijuana Flats and of each person whose image and/or voice is/are recorded. This
provision does not apply to designated Company personnel who must use such devices in connection
with their positions of employment.
Employees should not bring personal computers or data storage devices (such as CDs/DVDs, external
hard drives, flash drives, "smart" phones, iPods/iPads/iTouch or similar devices, mobile computing
devices, or other data storage media) to the workplace or connect them to Company electronic systems
unless expressly permitted to do so by the Company. Any employee bringing a personal computing
device, data storage device, or image-recording device onto Company premises thereby gives
permission to the Company to inspect the personal computer, data storage device, or image-recording
device at any time with personnel of the Company's choosing and to analyze any files, other data, or
data storage devices or media that may be within or connectable to the personal computer or imagerecording device in question. Employees who do not wish such inspections to be done on their personal
computers, data storage devices, or imaging devices should not bring such items to work at all.
Violation of this policy, or failure to permit an inspection of any device covered by this policy, shall result
in disciplinary action, up to and possibly including immediate termination of employment, depending
upon the severity and repeat nature of the offense. In addition, the employee may face both civil and
criminal liability from the Company, from law enforcement officials, or from individuals whose rights are
harmed by the violation.
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USE OF EQUIPMENT AND VEHICLES
Equipment and vehicles essential in accomplishing job duties are expensive and may be difficult to
replace. When using property, employees are expected to exercise care, perform required maintenance,
and follow all operating instructions, safety standards, and guidelines.
Please notify the manager if any equipment, machines, tools, or vehicles appear to be damaged,
defective, or in need of repair. Prompt reporting of damages, defects, and the need for repairs could
prevent deterioration of equipment and possible injury to employees or others. The manager can answer
any questions about an employee’s responsibility for maintenance and care of equipment or vehicles used
on the job.
The improper, careless, negligent, destructive, or unsafe use or operation of equipment or vehicles, as
well as excessive or avoidable traffic and parking violations, can result in disciplinary action, up to and
including termination of employment.
USE OF PHONES, COMPUTERS, AND MAIL SYSTEMS
The manager must approve personal use of telephones for outgoing calls (except in the case of an
emergency), including local calls.
Cell phones are not to be turned on during scheduled shifts. I Pod’s, MP3 players, PDA’s, or any
electronic device are expected to be turned off during work shifts as well.
The mail system is reserved for business purposes only. Employees should refrain from sending or
receiving personal mail at the workplace.
To ensure effective telephone communications, employees should always use the approved greeting and
speak in a courteous and professional manner. Please confirm information received from the caller and
hang up only after the caller has done so.
Use of computer systems are strictly reserved for Tijuana Flats related purposes. Employees are only
permitted to use the computer systems as a register. Managers are permitted to use the computer
systems for operational purposes only, such as online ordering, new hire setup, inventory, company
emails, etc.
The improper use of computer systems (visiting unauthorized websites, unauthorized personnel checking
email, unauthorized access of personnel information, etc.) or use of any of the electronic devices during a
scheduled shift can result in disciplinary action, up to and including termination of employment.
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ELECTRONIC COMMUNICATION
Electronic Communications, including electronic mail, mailboxes, voicemail, systems, and the contents
created or stored on any computer-related equipment, are the sole property of Tijuana Flats. Computer
equipment should not be altered, dismantled or reconfigured without the consent of the Executive level.
Employee use of e-mail, voicemail, and electronic communications systems indicate your consent to the
monitoring of these systems for legitimate business reasons. Legitimate business reasons include
systems' checks, review of employee productivity, review of inappropriate or excessive personal use,
investigations into possible claims of wrongdoing, etc. Tijuana Flats, for business purposes, may review
e-mail or voicemail messages, even those marked personal or accessed through personal identification or
password. Tijuana Flats reserves the right to access all messages in its communications systems within its
sole discretion. No computer related equipment should be removed from Tijuana Flats premises for
personal use. Tijuana Flats reserves the right to monitor the usage of such electronic equipment and will
provide or deny access to certain uses, files, and databases as are deemed appropriate.
Internet usage should be limited to seeking job-related information only. Any other use of the Internet
access during work hours is prohibited. Use of Internet access for personal reasons, such as stock
quotes, investing, sports, shopping, social networking site (i.e. Myspace.com, Facebook.com) etc., during
breaks or after working hours is not permitted. The use of e-mail, voicemail, electronic bulletin board or
any other communications systems to set up or run a personal business, transmit offensive or derogatory
material, or download such material from the Internet, is strictly prohibited
.
When formulating e-mail messages, we urge you to use restraint. Employees should exercise the same
caution in drafting and transmitting e-mail/voicemail messages as they would when writing a formal
memorandum. Always assume that your messages will be saved and reviewed by someone other than
the original addressee. When using the communications systems, employees are specifically prohibited
from indicating their association with the Company or that they are speaking on behalf of the Company
unless they have received express written permission to do so in advance.
Other electronic devices, including cellular phones, pagers, laptops, etc., may be necessary in the scope
of certain positions. Any employee, who is issued an electronic device, accepts it with the understanding
that it is solely the property of the Tijuana Flats. The employee agrees to surrender these devices at
Tijuana Flats request and/or upon termination of employment. Use of these electronic devices for
personal reasons is prohibited and employees may be held responsible for payment of costs incurred
during personal use.
Failure to comply with the provisions of this policy may result in discipline up to and including
termination.
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SMOKING
There is no smoking while on scheduled shift. Smoking is permitted while on break but not in any part of
the restaurant or in front of the restaurant or any guest. Hands must be thoroughly washed after
smoking.
Breaks must be kept to a minimum and are not to be scheduled during a rush; breaks should be taken
before 10:30am or after 2pm, and before 5pm and after 8pm. No breaks should be taken after dark.
Back doors should be locked at all times. Only open for deliveries, approved repairs, and trash removal.
REST AND MEAL PERIODS
Employees breaks are based on the number of hours worked and are scheduled at the discretion of the
manager and must be a minimum of 30 minutes. Employees must not be absent from their workstations
beyond the allotted rest period time.
Managers will schedule meal periods to accommodate operating requirements. Employees will be relieved
of all active responsibilities and restrictions during meal periods and will not be compensated for that
time.
Employees may eat in the dining area when on break; however there will be no eating in the kitchen,
behind the counter, or in the storage area.
EMERGENCY CLOSING
At times, emergencies such as severe weather, fires, power failures, etc., can disrupt company
operations. In extreme cases, these circumstances may require the closing of a work facility.
When operations are officially closed due to emergency conditions, the time off from scheduled work will
be unpaid. However, with manager’s approval, employees may use available paid leave time, such as
unused vacation benefits.
(For specific details on the proper steps to take during an Emergency Closing please refer to the Crisis
Management Tip Card which each manager carries.
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RETURN OF PROPERTY
Employees are responsible for items issued to them by Tijuana Flats or in their possession or control,
such as the following:
*
*
*
*
*
*
*
*
Credit cards
Equipment
Keys
Manuals
Tools
Uniforms
Written materials
Electronics (cell phones, laptops, cameras, etc.)
Employees must return all Tijuana Flats property on or before their last day of work. Tijuana Flats may
take all action deemed appropriate to recover or protect its property.
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SUGGESTION POLICY
As employees of Tijuana Flats, you have the opportunity to contribute to our future success and growth
by submitting suggestions for practical work-improvement or cost-savings ideas.
A suggestion is an idea that will benefit Tijuana Flats by solving a problem, reducing costs, improving
operations or procedures, enhancing guest service, eliminating waste or spoilage, or making Tijuana Flats
a better or safer place to work.
All suggestions should contain a description of the problem or condition to be improved, a detailed
explanation of the solution or improvement, and the reasons why it should be implemented. If you have
questions or need advice about your idea, contact your manager for help.
Submit suggestions to any member of management.
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Benefits and Compensation
PERFORMANCE EVALUATION
Managers and employees are strongly encouraged to discuss job performance and goals on an informal
day–to-day basis. Additional formal performance evaluations are conducted to provide both managers
and employees the opportunity to discuss job task, identify and correct weaknesses, encourage and
recognize strengths, and discuss positive, purposeful approaches for meeting goals.
WAGE AND SALARY PROGRAMS
The wage and salary program is based on our goal of providing competitive wages and benefits that will
attract and retain qualified individuals who will be able to provide superior service to our customers. Our
fundamental principles are:
 Administer wage and salary programs in full accordance with federal and state laws.
 Establish pay scales that reflect current labor market rates of pay for similar jobs in similar
businesses.
 Establish programs for review and evaluation of individual employee’s pay and performance.
 Relate pay adjustments to job performance and contribution to the Company and specifically to
the attainment of established individual employee objectives.
OVERTIME
Overtime may sometimes be required to meet our schedules or goals. We will make a reasonable effort
to provide as much notice as possible whenever overtime is required and employees are expected to
work as requested. When possible, overtime will be distributed equitably, recognizing that some
employees may see overtime as desirable – others may not.
Nonexempt Employees
All nonexempt employees who work more than forty (40) hours in one workweek will receive overtime
pay at time and one-half their regular rate.
Overtime will be computed on actual time worked. Only those hours that are actually worked are
counted to determine overtime pay. Paid holidays, for example, are not hours worked and are not
counted in making overtime calculations.
No nonexempt employee may work overtime without the expressed prior approval of his or her
supervisor.
Exempt Employees
Exempt employees are not generally eligible for any overtime compensation.
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TIP CREDIT POLICY
Any Employee that receives tips is required by law to report 100% of their tip income. Employees will
also be required to sign the Tip Pooling Agreement (please see on page 53) at the time of hire.
Please follow the steps below for declaring tips on each shift.
1. Ensure that all tips, both cash and credit card are divided for each FOH employee according to
the number of hours worked and record that amount on the TIP tracking form for each
employee, each shift.
2. At the end of the employee’s next shift, the manager will give the employee the tips from the
previous day that was recorded on the TIP tracker.
3. The employee will declare all received tips and record them in the register terminal, both the
employee and the manager will sign the TIP tracker stating that the tips were received and
declared for tax purposes.
Calculating and Distributing Tips
The following are the procedures we will follow pursuant to the Tip Pooling Agreement all cashiers are
required to sign prior to their employment with Tijuana Flats Burrito Company:











For the purpose of calculating and distributing tips, the day parts will be divided into 2 shifts.
Open –5:00 Pm, and 5:00 Pm – close.
The new procedure for calculating tips for these time periods is to add up all the cash and credit
card tips for each shift to determine the total tips earned during that shift.
The next step is to add up the total number of hours worked during the shift. Then divide the
total tips earned by the total hours worked to determine the tips earned per hour.
Then multiply the number of hours each employee worked by the amount of tips earned per
hour.
Example- open – 5:00 Pm = $50 of total tips earned
Suzie = 3 hours; Michelle = 3 hours; Jess= 4 hours
Total of 10 hours worked on the shift = $50/10 =$5.00/ hour worked.
Tips
Suzie
= $5 x 3 =$15
Michelle
= $5 x 3 =$15
Jess
= $5 x 4 =$20
Managers will be responsible for logging the amounts of tips earned each shift, each day, and
recording the amount of tips distributed to each employee, so the amounts will be added to each
cashier’s gross W-2 wages, and properly taxed.
The employee’s portion of payroll taxes on the tips will be withheld from each cashier’s regular
(non- tip) pay.
Cashiers will need to sign the log to receive their tip share.
All tips will be distributed to the cashiers in envelopes during their next shift.
Only managers are permitted to add tips to credit cards.
All credit card slips are to remain clean with no additional markings on them. These are legal
documents and become void if they have writing on them.
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PAY ERRORS AND OVERSIGHTS
It is our policy and practice to compensate employees accurately and in compliance with all applicable
state and federal laws. If an error should occur, we will correct it promptly and completely as soon as we
become aware of it.
Please review your pay stub when you receive it to make sure it is correct. If you have any questions or
believe a mistake has been made, please bring it to the attention of the payroll department immediately.
Exempt salaried employees are paid a salary each pay period that is intended to be full compensation for
all hours worked during the covered work week(s). A salary may be changed from time to time, such as
resulting from a performance review or change in job duties, but is not subject to deductions for
variations in the quantity or quality of the work performed.
Your salary may also be reduced for certain types of deductions such as your portion of health, dental, or
life insurance premiums; state, federal, or local taxes, social security; or, voluntary contributions to a 401
(k) or personal pension plan.
In a workweek in which you performed any work, we will not make any deductions for any of the
following reasons:
1. Partial day absences, personal reasons, sickness or disability.
2. Closure of the work facility or lack of work of less than a full week.
3. Absences for jury duty, attendance as a witness, or military leave in any week in which you have
performed any work.
4. Any other deductions prohibited by state or federal law.
We are entitled to charge absences for personal reasons, sickness or disability to an employee’s accrued
vacation or other PTO eligibility accrual.
Questions Complaints and Reporting Errors
If you have questions about deductions or any other issues regarding the accuracy of your pay, please
contact Human Resources (Jeff Rettig, 407-339-2222 or jeff.rettig@tijuanaflats.com) or the Payroll
Manager. If you have not received a satisfactory response within five business days after reporting the
error, please immediately contact the office (407-339-2222). The Human Resources and payroll
Departments have the specific responsibility to investigate every error reported and to correct every error
made.
PAYDAYS
All employees are paid bi-weekly. Each paycheck will include earnings for all work performed through the
end of the previous payroll period. The pay period begins on Monday and ends on the Sunday two weeks
after. Checks become available to employees on the Friday that the pay period ends. Direct deposit is
available to those employees that have a checking or savings account.
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PAY ADVANCES
Tijuana Flats does not provide pay advances on unearned wages to employees.
PAY DEDUCTIONS AND SETOFFS
The law requires that Tijuana Flats make certain deductions from every employee’s compensation.
Among these are applicable federal, state, and local income taxes. Tijuana Flats also must deduct Social
Security taxes on each employee’s earnings up to a specified limit that is called the Social Security “wage
base.” Tijuana Flats matches the amount of Social Security taxes paid by each employee.
Pay setoffs are pay deductions taken by Tijuana Flats, usually to help pay off a debt or obligation to
Tijuana Flats or others.
If you have questions concerning why deductions were made from your paycheck or how they were
calculated, your manager can assist in having your questions answered.
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EMPLOYEE BENEFITS
Eligible employees at Tijuana Flats are provided a wide range of benefits. A number of the programs
(such as Social Security, workers’ compensation, state disability, and unemployment insurance) cover all
employees in the manner prescribed by law.
Benefits eligibility is dependent upon a variety of factors, including employee classification. Your manager
can identify the programs for which you are eligible. Details of many of these programs can be found
elsewhere in the employee policy manual.
The following benefit programs are available to eligible employees:
*
*
*
*
*
*
*
*
*
*
Bereavement Leave
FMLA (Family Medical Leave Act)
Health, Life, Vision, and Dental Insurance
Short-term and Long-term Disability
Holidays
Jury Duty Leave
Meal Allowances (Tijuana Flats meals only)
(a) Hourly Employee- 50% one meal, once a day
(b) Management-100% once a day during shift
Military Leave
Paid Time Off
401K
Some benefit programs require contributions from the employee.
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FAMILY AND MEDICAL LEAVE ACT POLICY
The Company makes available various types of unpaid, job protected leave in accordance with the
requirements of the Family and Medical Leave Act of 1993 (FMLA).
Basic Leave
For eligible employees, up to 12 weeks of unpaid leave, in a 12-month period, is available for one or
more of the following purposes:




For the birth and care of a newborn child of the employee;
For the care and/or placement of a child for adoption or foster care;
To care for a spouse, child, or parent who has a serious health condition; a child,
for purposes of this policy, includes an individual who is either (1) under the age
of 18 or (2) older than 18 but incapable of self-care because of a physical or mental
disability;
For your own serious health condition.
The 12-month period is measured on a “rolling backward” basis. Leave measured on a rolling backward
basis is measured backward from the date any FMLA leave would commence.
Qualifying Exigency Leave
For eligible employees, up to 12 weeks of unpaid leave, in a 12-month period, is available for an eligible
employee where the employee’s spouse, son, daughter or parent is on “covered active duty” and leave is
needed for a “qualifying exigency.” Covered Active Duty includes: (1) in the case of a member of a
regular component of the Armed Forces, duty during the deployment of the member with the Armed
Forces to a foreign country; and (2) in the case of a member of a reserve component of the Armed
Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a
call or order to covered active duty.
A "qualifying exigency" is:
(a)
Short notice deployment;
(b)
Military events and related activities;
(c)
Childcare and school activities;
(d)
For the purpose of making financial and legal arrangements;
(e)
Rest and recuperation;
(f)
Post-deployment activities; and/or,
(g)
Additional qualifying activities.
The “rolling backward” method used for measuring “Basic Leave” is also used to measure the 12-month
period for “Qualifying Exigency Leave.”
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Covered Service member Care Leave
Leave is available for an eligible employee to care for a spouse, child, parent or next-of-kin who:
(1)
is a current member of the Armed Forces or a member of the Armed Forces who is on the
temporary disability list, and who has a “serious injury or illness” for which he or she is
undergoing medical treatment, recuperation, or therapy; or, otherwise in outpatient status;
or, otherwise on the temporary disability retired list, or
(2)
is a veteran of the Armed Forces who is undergoing medical treatment, recuperation, or
therapy, for a “serious injury or illness” and who was a member of the Armed Forces at
any time during the period of 5 years preceding the date on which the veteran undergoing
the medical treatment, recuperation, or therapy.
(3)
has a parent incapable of self-care when the care is necessitated by the member’s
covered active duty. Such care mare include arranging for alternative care,
providing care on an immediate need basis, admitting or transferring the parent
to a care facility, or attending meetings with staff at a care facility.
For purposes of this section the following definitions apply:
(1)
The term “Armed Forces” includes Armed Forces, National Guard, and Reserves.
(2)
The term “veteran” of the Armed Forces means those who were discharged or released
under conditions other than dishonorable
(3)
The term “serious injury or illness” means:
(a)
For current members of Armed Forces – an injury or illness that was incurred by
the member in line of duty on active duty in the Armed Forces (or existed before
the beginning of the member’s active duty and was aggravated by service in line
of duty on active duty in the Armed Forces) and that render the member medically
unfit to perform the duties of the member’s office, grade, rank, or rating.
(b)
For veteran’s of the Armed an injury or illness that was incurred by the member in
line of duty on active duty on the Armed Forces (or existed before the beginning
of the member’s active duty and was aggravated by service in line of duty on active
duty on the Armed Forces) and that manifested itself before or after the member
became a veteran and is:
(c) A physical or mental condition for which the covered veteran has received a VA Service
Related Disability Rating (VASRD) of 50 percent or greater and such VASRD rating is
based, in whole or in part, on the condition precipitating the need for caregiver leave.
(d) A physical or mental condition that substantially impairs the veteran’s ability to secure or
follow a substantially gainful occupation by reason of a disability or disabilities
related to military service or would do so absent treatment.
(e) An injury, including a psychological injury, on the basis of which the covered veteran has
been enrolled in the Department of Veterans Affairs Program of Comprehensive
Assistance for Family Caregivers.
(4)
Next-of-kin of a covered servicemember is the nearest blood relative other than the
covered servicemember’s spouse, son, or daughter, unless the covered servicemember has
specifically designated in writing another blood relative as his or her nearest blood relative
for purposes military caregiver leave under the FMLA.
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For Covered Servicemember Care leave only, an employee is entitled to 26 workweeks of leave during
any single 12-month period measured on a “rolling forward” basis. Servicemember Care leave measured
on a rolling forward basis will be measured using the 12-month period forward from the date of the
employee’s first instance of Servicemember Care leave.
Intermittent Leave
You may take leave intermittently, as blocks of time off or in the form of reducing your normal weekly or
daily schedule. If you need leave intermittently or on a reduced-leave schedule for planned medical
treatment, it is your obligation to schedule the treatment so as not to unduly disrupt the Company’s
operations. Further, intermittent leave or leave on a reduced-leave schedule must be medically
necessary due to a serious health condition or a serious injury or illness, except in the case of
intermittent leave for a Qualifying Exigency. In addition, employees are permitted to take intermittent
leave for the birth of a child or placement of a child for adoption or foster care; however, intermittent
leave for these reasons is only permitted upon the approval of management and Human Resources. You
will not be asked to take more leave than necessary to address the circumstances that precipitated the
need for leave, and that FMLA leave may only be counted against your FMLA entitlement for leave taken
and not for time that is worked.
Giving Notice of the Need for Leave
Absent extenuating circumstances, an employee must provide the Company with at least 30 days’
advance written notice before FMLA leave is to begin. Your failure to do so may cause delay or denial of
leave.
If the need for leave is unforeseeable, then you must provide notice to the Company as soon as
practicable under the facts and circumstances of your particular situation. For unforeseen leave, you
must follow the normal procedure for contacting your supervisor to report an absence.
Eligibility
The Company will generally notify you within 5 business days of receipt of your request for FMLA leave of
your eligibility to take Family and Medical Leave. If you are not eligible, the Company will tell you why.
Employees are eligible for unpaid FMLA leave if they: (1) have a cumulative (not necessarily continuous)
12 months of prior service; (2) have worked at least 1250 hours during the 12 months immediately
preceding the date on which the FMLA leave would commence; and, (3) work at a location where at least
50 employees are employed within a s 75-mile radius.
The term “USERRA-covered military service” means: the protections afforded by USERRA extend to all
military members (active duty and reserve), and all periods of absence from work due to or necessitated
by USERRA-covered service is counted in determining an employee’s eligibility for MLA leave.
Providing Evidence of Need for Leave
In most cases, the Company will request that the employee provide additional information regarding
certification of the leave by providing the employee with a Certification form, specific to the type of leave
the employee is requesting, to be completed and returned to the Company. Certification forms and any
other requested documentation must be returned to the Company within 15 days of the Company’s
request for Certification (absent extenuating circumstances).
Designation of Leave
Within five (5) business days after the employee has submitted the appropriate Certification form and/or
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the Company has sufficient information to determine whether the leave requested is FMLA covered,
Human Resources will complete and provide the employee with a written response to the employee’s
request for FMLA leave.
Intent to Return to Work from FMLA Leave
Consistent with the manner in which the Company addresses other types of medical and personal leave,
the Company may require an employee on FMLA leave to report periodically on the employee’s status
and intent to return to work.
Pay During Leave
If you have available Paid Time Off (PTO), the Company requires you to use your PTO while taking FMLA
leave. In other words, on commencing FMLA leave, you are required to simultaneously take any paid
leave for which you are eligible, including vacation time. Once paid leave is exhausted, you will go on
unpaid leave. Both paid and unpaid leave count towards the 12 or 26-week (in the case of Covered
Servicemember Care Leave) limit.
Benefits During Leave
Health care benefits will be maintained during leave. However, you must continue to pay your share of
any premiums. Should you fall more than thirty (30) days behind in doing so, your coverage may be
canceled. In addition, should you fail to return to work at the expiration of your leave, under certain
conditions, the Company is entitled to recover any premiums it paid on your behalf in order to maintain
your coverage.
Return from Leave
Upon your being released to return to work, you will be restored to your same or equivalent position,
unless you would not otherwise have been employed at the time of reinstatement (e.g., due to an
intervening reduction in force or discharge for misconduct or poor performance). The Company reserves
the right not to rehire a "key" employee if rehire would cause substantial economic harm to our business.
Key employees are generally those in the top 10% of compensation.
Return from Leave: Fitness-For-Duty Certification
Any employee who takes leave for the employee’s own serious health condition will be required, as a
condition of restoration, to obtain and provide certification that the employee is able to resume work and
is able to perform the essential functions of his or her job. The cost of the Fitness-for-Duty Certification
is paid by the employee. The Company may delay or deny restoration to employment if a Fitness-forDuty Certification is not provided. The Company will request a Fitness-for-Duty Certification for leave
taken on an intermittent or reduced-leave schedule basis, if reasonable safety concerns exist regarding
the employee's ability to perform his or her duties based on the serious health condition for which the
employee took leave.
Taking More than the Allowed Leave
The Company is unable to keep jobs open indefinitely. If an employee fails to return to work at the end
of an approved leave of absence, including any extension of the leave, the employee will be considered
to have voluntarily terminated employment.
Employee Rights and Responsibilities
The Department of Labor has prepared a summary of an Employee’s Rights and Responsibilities are
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available on the Wage and Hour Division website, www.dol.gov/whd, as well as at local Wage and Hour
district offices.
For FMLA forms and any questions concerning the provisions of this leave policy or the forms
associated with a leave under this policy should be directed to Human Resources at 407339-2222.
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PERSONAL LEAVE
An employee may be granted an extended absence without pay, when sufficient personal reasons occur,
at the Company’s discretion. A leave of absence will be granted for an initial period of up to 60 days, and
employee may request extensions of up to 30 days, which may be granted at the Company’s discretion.
No leave, however, may be extended beyond six months from the beginning date of the leave.
Leaves will be without pay except that employees may be required to use any accrued paid vacation days
during a leave. However, while on leave of absence, employees will not accrue paid leave days of any
kind.
If you are covered under the Company’s group health plan at the time your leave begins, the Company
will continue to make its regular payment to continue your coverage under its group health plan through
the end of the month in which you request leave. Thereafter, you may continue benefits under the
Company’s group health insurance plan through COBRA. A separate notice of your rights under COBRA
will be provided at the time COBRA coverage is offered.
Because operations sometime require that vacant positions be filled, a personal leave of absence does
not guarantee that the job will be available when the employee returns from leave. An effort, however,
will be made to place you in your previous position or a comparable job that you are qualified to perform
upon your return from leave. If no such position is available, you may be eligible for rehire as a new
employee if you apply for an available position for which you are qualified and if your prior work history
warrants your rehire.
MILITARY LEAVE
Tijuana Flats complies with all aspects of the Uniformed Services Employment and Reemployment Rights
Act (“USERRA”). Unless precluded by military necessity, or otherwise impossible or unreasonable,
employees requiring a military leave of absence must submit advanced notice of their need for military
leave, and should submit a copy of their military orders if available.
In order to be eligible for reinstatement upon completion of military service, employees must comply with
all aspects of USERRA. Reinstated employees are eligible for all the rights and benefits provided under
USERRA.
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JURY DUTY LEAVE
Tijuana Flats encourages employees to fulfill their civic responsibilities by serving jury duty when required.
Eligible employees may request up to 7 days of paid jury duty leave over any one-year period.
Jury duty will be calculated on the employee's base pay rate times the number of hours the employee
would otherwise have worked on the day of absence.
If employees are required to serve jury duty beyond the period of paid jury duty leave, they may use any
available paid time off (for example, vacation benefits) or may request an unpaid jury duty leave of
absence.
Employees must show the jury duty summons to their manager as soon as possible so that the manager
may make arrangements to accommodate their absence. Of course, employees are expected to report for
work whenever the court schedule permits.
Either Tijuana Flats or the employee may request an excuse from jury duty if, in Tijuana Flat's judgment, the
employee's absence would create serious operational difficulties.
Tijuana Flats will continue to provide health insurance benefits for the full term of the jury duty absence.
Vacation, sick leave and holiday benefits will continue to accrue during unpaid jury duty leave.
BEREAVEMENT LEAVE
Employees who need to take time off due to the death of an immediate family member should notify
their manager immediately. Tijuana Flats defines "immediate family" as the employee's spouse, parent,
child, grandparents, mother/father-in-law, or sibling.
Up to three (3) days of paid bereavement leave may be provided to eligible employees.
Bereavement leave will normally be granted unless there are unusual business needs or staffing
requirements. Employees may request the use of any available paid leave for additional time off as
necessary. Manager approval of such requests is required.
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DOMESTIC VIOLENCE & SEXUAL ASSAULT LEAVE
Employees may be granted up to 3 days of unpaid leave in any 12 month period if the employee or a
family or household member of an employee is the victim of domestic violence or sexual assault. This
leave may be used to:
1.
Seek an injunction for protection against domestic violence or an injunction for protection
in cases of repeat violence, dating violence, or sexual violence;
2.
Obtain medical care or mental health counseling, or both, for the employee or a family or
household member to address physical or psychological injuries resulted from the act of
domestic violence or sexual assault;
3.
Obtain services from a victim-services organization, including, but not limited to, a
domestic violence shelter or program or a rapes crisis center as a result of the act of
domestic violence or sexual assault;
4.
Make your home secure from the perpetrator of the domestic violence or sexual assault
or to seek new housing to escape the perpetrator; or
5.
Seek legal assistance in addressing issues arising from the act of domestic violence or
sexual assault or to attend and prepare for court related proceedings arising from the act
of domestic violence or sexual assault.
“Family or household member” means spouses, former spouses, persons related by blood or marriage,
persons who are presently residing together as if a family or who have resided together in the past as if a
family, and persons who are parents of a child in common regardless of whether they have been married.
With the exception of persons who have a child in common, the family or household members must be
currently residing or have in the past resided together in the same single dwelling unit.
Except in cases of imminent danger to the health or safety of your or your family or household member,
you must provide appropriate advance notice of the need for leave along with sufficient documentation of
the act of domestic violence or sexual assault. This documentation may include copies of restraining
orders, police reports, orders to appear in court, etc.
Employees may be required to exhaust any paid time off during this time away from work.
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PAID TIME OFF BENEFIT
Tijuana Flats Burrito Co. offers Paid Time Off (PTO) to eligible employees (Full Time Salaried Restaurant
Managers and Full Time Corporate Employees) to provide opportunities for rest and relaxation.
The length of eligible service is calculated on the basis of a “Benefit Year”. A “Benefit Year” begins on
January 1st and ends on December 31st. Employees start accruing vacation time on the date of hire. An
employee’s benefit year may be extended for any significant leave of absence except military leave of
absence. Military leave has no effect on this calculation. (See individual leave of absence policies for more
information.)
Once an employee enters an eligible employment classification, they begin to earn paid time off. An
employee’s eligible PTO accrual will be based off years of service the employee has been eligible.
An employee who has been eligible for 1 – 4.99 years will accrue PTO as follows:
Years of Service
PTO Earned
Annual Accrual
1- 4.99
3.076 Hours per pay period
80 Hours or (10 days)
These employees will accrue a total of 80 hours or 2 weeks PTO over a benefit year. The Employee will
not become eligible to use PTO hours until after 6 months of eligibility.
An employee who has been eligible for 5- 9.99 years will accrue PTO as follows:
Years of Service
PTO Earned
Annual Accrual
5- 9.99
An employee who has been eligible for 10-99 years will accrue PTO as follows:
Years of Service
PTO Earned
Annual Accrual
10-99
Paid time off can be used in minimum increments of one day. To take PTO, employees should request
(minimum 30 days) advance approval from their Manager or Supervisor. Requests will be reviewed based
on a number of factors, including business needs and staffing requirements.
PTO is paid at the employee’s base pay rate at the time that the PTO is taken. It does not include
overtime or any special forms of compensation such as incentives, commissions, bonuses, or shift
differentials.
As stated above, employees are encouraged to use available paid time off for rest, relaxation, and
personal pursuits. In the event that available PTO is not used by the end of the benefit year, employees
may carry unused time forward to the next benefit year. A maximum of 40 PTO hours, or one week, may
be carried over in any given year.
* Benefit Year is from January 1st-December 31st and everyone will have their “rollover” on
December 31st regardless of hire date.
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Paid Time Off Requests
To enable all parties concerned ample time for planning and coverage, submit all PTO requests in writing
no less than 30 days prior and/or enter your request in the Plansource web site for approval. Requests
will be processed and considered for approval within 5 days.
Paid Time off Payout at Time of Termination
Paid time off (PTO) hours that are accrued will be paid out; this will be added to the last pay check and
received on the scheduled pay date, unless the employee is terminated. Employees who are terminated
are not eligible for accrued PTO time. Employees who resign with a proper notice (2 weeks) will be
eligible for accrued PTO time. Any monies owed to Tijuana Flats will be deducted from the final
paycheck/ PTO pay.
HOLIDAYS
Tijuana Flats will be closed for the following holidays:
Easter
Memorial Day
July 4th
New Year’s Day
Labor Day
Thanksgiving
Christmas
Christmas Eve will be a shortened day, depending on store. These will be paid holidays for Eligible
Employees.
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BENEFITS CONTINUATION (COBRA)
The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified
beneficiaries the opportunity to continue health insurance coverage under Tijuana Flats’ health plan when
a “qualifying event” would normally result in the loss of eligibility. Some common qualifying events are
resignation, termination of employment, or death of an employee; a reduction in an employee’s hours or
a leave of absence; an employee’s divorce or legal separation; and a dependent child no longer meeting
eligibility requirement.
Under COBRA, the employee or beneficiary pays the full cost of coverage at Tijuana Flats’ group rates
plus an administration fee. Tijuana Flats provides each eligible employee with a written notice describing
rights granted under COBRA when the employee becomes eligible for coverage under Tijuana Flats’
health insurance plan. The notice contains important information about the employee’s rights and
obligations.
HEALTH INSURANCE
Tijuana Flats’ health insurance plan provides employees and their dependents access to medical
insurance benefits.
Eligible employees may participate in the health insurance plan subject to all terms and conditions of the
agreement between Tijuana Flats and the insurance carrier.
A change in employment classification that would result in loss of eligibility to participate in the health
insurance plan may qualify an employee for benefits continuation under the Consolidated Omnibus
Budget Reconciliation Act (COBRA). Refer to the Benefits Continuation (COBRA) policy for more
information.
Details of the health insurance plan are described in the Summary Plan Description (SPD). A SPD and
information on cost of coverage will be provided in advance of enrollment to eligible employees. Contact
your manager or the Human Resources Department for more information about health and dental
insurance benefits.
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AFFORDABLE CARE ACT
The Patient Protection and Affordable Care Act (PPACA), better known as ACA, focuses on expanding
health care coverage, controlling health care costs, and improving the health care delivery system. Full
time employees are eligible for Tijuana Flats Hourly Benefits.
Part-Time Employee: Are regularly scheduled to work less than 30 hours per week. While they do
receive all legally mandated benefits (such as Social Security and workers’ compensation insurance), they
are not eligible for the full Tijuana Flats benefit package.
Full-Time Employee: A full time employee is defined as an employee who works on average at least 30
hours per week and therefore is eligible for medical benefits.
Full-Time Classification:
Hourly employees can be classified as Full Time and Eligible via:
 12 month look-back
 Promotion by management
 Hired as full time
Tijuana Flats will use a standard measurement period (Look Back Period) of 12 months to determine if an
employee is averaging 30 or more hours per week.
Initial Measurement Period: A designated period of 12 months used in determining whether a newly
hired hourly employee is full-time. Each Month we will be running the “Initial Measurement Period” report
for newly hired employees (one year from their start date) to determine eligibility.
Standard Look Back Period: A 12 month review of employee’s average hours worked to determine
whether an employee is Full Time - Eligible. Each Month we will also be running the “Standard Measure
Period “ report for existing employees (one year from initial Look Back) to determine their eligibly.
Stability Period: A 12 month period during which Tijuana Flats will offer health coverage to all full-time
employees based off individual employee’s promotion date, if promoted to Full Time based off Look Back
Period.
Enrollment: Any hourly employee that is classified as Full-Time eligible must log onto
Plansource and complete the benefits enrollment process either accepting or denying
benefits. A full time promotion is considered a life event and should be reported as the life
event called “ACA Full Time Status Change” during the enrollment process.
Employees have 30 days from the day they were promoted to Full-Time to logon and
complete the enrollment process.
Benefits Include:
 Medical

401k Plan
United Health Care
TJF pays $144.47 towards premium
Eligible after 1 year
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TIJUANA FLATS RELOCATION REIMBURSMENT
POLICY
At times Tijuana Flats may reimburse for moving expenses when the employee is relocated. Each
Reimbursement will be approved and reviewed by an Area Supervisor and the Human Resources
department on a case-by-case basis.
 Eligibility: Salaried exempt employees being reassigned to work for locations greater than 50 miles
away from their former work assignment may be eligible for relocation assistance. Limited relocation
assistance may be provided on a case-by-case basis to nonexempt associates. Provisions of such
agreement will be contingent upon approval from the CEO and the HR Department.
 Taxes: IRS regulations require that we report ALL employee moving expense reimbursements on the
employee’s W-2 form. Depending on the type of reimbursement, it will be reported as a memo, wages
or as a combination of the two:
An accountable reimbursement will be reported as a memo in box 12 on the employee’s W-2 and will not
be taxable. Accountable expenses must meet the following three rules:
1. Must be an expense that would have been able to be deducted if the employee were not to
be reimbursed by the company. Two examples of this are the reasonable expense of moving
your possessions from your former home to your new home (i.e. relocating household good
and personal items), and traveling from your former home to your new home (i.e. the
standard mileage rate for moving, current $0.24, lodging)
2. The employee must adequately account for expenses within 60 days of when they were
incurred. Receipts are required for all expenses, with the exception of mileage. In order to
verify mileage with a map print out with the miles (i.e google maps or map quest) or mileage
tracker with odometer readings must be submitted.
3. The employee must return any excess reimbursement or allowance within a reasonable
period of time.
A non-accountable reimbursement will be reported as wages on the employee’s W-2 and will be taxable.
The following reimbursements fall under non-accountable:
1. Reimbursements that do not meet the requirements of an accountable reimbursement
2. Reimbursements to an employee for items that cannot be deducted by the employee on his
or her individual income tax return, such as lump sum amounts from the company or
amounts paid out for expenses that have not been verified with receipts or documentation.
 Reporting Requirements: In order to comply with IRS Regulations the following is required:
o The employee must obtain pre-approval for all moving expenses from CEO.
o Once the employee has moved, he/she need to submit an expense report to the HR
department, with appropriate receipts and documentation attached within 60 days. (please
refer to the reimbursable expenses policy for guidelines on submitting expense reports)
o All expense reports will be approved by an Area Supervisor or Regional Director
o ALL reimbursements will be paid on the employee’s next paycheck. Taxes will only be
deducted on non-accountable amounts of the reimbursement
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o
In a rare case in which a moving advance is needed, either a manual check will be cut for the
advance or the advance amount will be added to the employee’s next check. An expense
report must be completed within 60 days of the advance. Any difference in the amount
advance and total expenses per the expense report will be reconciled at that time and will
either be added or deducted from the employee’s next pay check.
 Agreement: ALL employees that are relocating will be provided with a Relocation Agreement that will
set forth the specific obligations to both the company and the employee. Where possible, such
agreements will be approved and provided to the associate in advance of the relocation.
 Repayment Provision: if the employee elects to voluntarily leave the company within an allotted
time (1 year) from the move, the associate is expected to reimburse the company for costs incurred.
Details will be stated in the agreement.
 Relocation Expenses and Limitations (Manager, AGM and GM): unless expressly approved in
advance by the CEO and the HR department. The following categories of expenses will be provided
under this procedure:
1. Pre-Assignment site visit / miscellaneous expenses: .Tijuana Flats will provide $500.00
plus $100.00 for each additional family member. Maximum $800.00 in advance for the following
type of expenses: Transportation to visit the local area for a period of two days, lodging and meals
during this visit. This visit and your schedule must be pre-approved by the HR Department
2. Relocation of household goods: The employee will be responsible for obtaining a Rental truck
and must keep receipts for the truck rental, packing supplies, hand truck and gas for
reimbursement. Tijuana Flats will reimburse up to $500.00 for Truck and Rental items. Must have
receipts for reimbursement.
3. Lease break if necessary: The company will provide assistance for costs incurred with the
move, including lease breakage, and loss of deposits for early termination. Tijuana Flats will
reimburse up to $1200.00 for these items.
Maximum Relocation:
$2500.00
*Every relocation situation will be evaluated individually and final decisions for exceptions to the policy
will be approved by the CEO and HR Department.
*Additional reimbursement will be considered for positions above the General Manager position.
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TIJUANA FLATS RELOCATION AGREEMENT
Please read through the attached Tijuana Flats Relocation Reimbursement Policy prior to completing this
agreement.
Relocation Commitment:
I commit to a minimum of one year of service following the relocation. I agree to reimburse Tijuana Flats
for 50% of the relocation reimbursement I received if I voluntarily terminate employment prior to the
completion of one year of service after relocation. I understand that if I do not fulfill my one year
commitment, TJF Management Company, will deduct the expenses from my final paycheck.
Relocation Acknowledgment:
I have read through and have a full understanding of the Tijuana Flats Relocation Reimbursement Policy.
I understand what my reporting requirements are, I also acknowledge that the non-accountable
expenses that I incurred will be included in my gross income as wages and are taxable wages subject to
withholding of all applicable taxes.
By signing below I acknowledge that I have read through the above agreement and understand the
Tijuana Flats Relocation Reimbursement Policy.
Employee Name Print
Employee Signature
Date
7 easy steps for a smooth relocation
1. Research what your relocation needs will be (i.e. lease break, cost of moving household
goods, etc.)
2. Discuss the details of what your relocation needs will be with your Area Supervisor (ASV)
3. Your Area Supervisor will relay that information to the HR Department
4. Discuss a moving timeframe with your current ASV (your current ASV will facilitate the
communication between you and your new ASV)
5. Nail down your last date in your current location and your first date at your new location
and ensure that your current ASV has the same dates as you.
6. Submit any PTO that will be used (if you are using PTO) for approval
7. Submit your expense report, receipts and all other documents needed to satisfy the
reporting requirement ASAP
8. Immediately following your move, update your address in Plansource
Good Luck in your new location!
For HR Use Only:
Amounts Reimbursed:
$_______________ - classified as Accountable
$_______________ - classified as Non-accountable
The above amounts will be reimbursed to the employee on their next pay check dated: _________
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SEVERANCE POLICY
In the event of an involuntary termination due to a reduction in force/downsizing or job elimination, TJF
Management Company will provide a severance benefit for the eligible employees who are adversely
affected. This policy does not apply to terminations, refusal to be reassigned, or refusal to transfer to
nearby location.
The amount of the severance benefit is based upon total length of service with Tijuana Flats and will be
calculated on the basis of the direct base compensation you are paid for a regularly scheduled work day
at the time of termination. This policy applies to all exempt and non-exempt, full-time employees working
for the management company (TJF Management Company Inc.)
Exempt and Non-Exempt Full Time Employees
7days (1 week) for every full year of service (Maximum severance is 84 days or 12 weeks)
Length of Service
Number of Days
0 – 6 Mo.
2 days
6 Mo. Less than 1 year
4 days
1 year less than 2 years
7 days
2 years less than 3 years
14 days
21 days
28 days
35 days
42 days
49 days
56 days
9 years less than10
63 days
10 years less than11
70 days
11 years less than 12
77 days
12 years and longer (Max)
84 days
Severance is calculated on base salary or hourly pay only. Employees will be paid the severance in one
lump sum on the next scheduled pay day. Severance benefits will be paid in addition to the final pay for
any work performed as well as a disbursement of any accrued but unused vacation days.
Health and dental insurance premium payments or contributions by TJF Management, if applicable, will
end on the last day of employment. Upon termination, COBRA notification and related information will be
forwarded to your home address.
Part-time employees will be considered for severance pay if their location is closed. If severance is paid to
Part-time employees, it will be at the rate of 8 hours of pay based on hourly wage (Severs/Cashier based
on Minimum Wage).
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SAFETY
SAFETY
To assist in providing a healthful work environment for employees, guest, and visitors, Tijuana Flats has
established a workplace safety program. This program is a top priority for Tijuana Flats. Supervision has
responsibility for implementing, administering, monitoring, and evaluating the safety program. Its success
depends on the alertness and personal commitment of all.
Tijuana Flats provides information to employees about workplace safety and health issues through regular
internal communication channels such as manager-employee meetings, bulletin board postings, memos, or
our Crisis Cards.
Some of the best safety improvement ideas come from employees. Those with ideas, concerns, or
suggestions for improved safety in the workplace are encouraged to raise them with their manager.
Each employee is expected to obey safety rules and to exercise caution in
must immediately report any unsafe condition to the appropriate manager.
standards, who cause hazardous or dangerous situations, or who fail to
remedy such situations, may be subject to disciplinary action, up to
employment.
all work activities. Employees
Employees who violate safety
report, or where appropriate,
and including termination of
In the case of accidents that result in injury, regardless of how insignificant the injury may appear,
employees should immediately notify the appropriate manager or Supervisor. The first report of the injury
is necessary to comply with laws and initiate insurance and workers’ compensation benefits procedures.
EMPLOYEE INJURY PROCEDURE
1. Assist the Employee with the injury and ensure that necessary steps are taken. The employee is
our first priority.
2. Complete an Employee Injury Supplement Form (page 101) and Employee First Report Form. Make
sure that the employee is given a copy of the supplement form report.
3. Fax a copy of the report to the Human Resources Department and call to discuss the incident.
4. Follow up with the employee.
GUEST INJURY PROCEDURE
1. Assist the Guest with the injury and ensure that necessary steps are taken. The guest is our first
priority.
2. Complete a Guest Incident Supplement Form (see page 102) and a Guest Incident Report form.
Make sure that the guest is given a copy of report.
3. Fax a copy of the report to the Human Resources Department and call to discuss the incident.
4. Follow up with the guest will be handled with our insurance carrier.
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WORKER’S COMPENSATION INSURANCE
Tijuana Flats provides a comprehensive workers’ compensation insurance program at no cost to employees.
This program covers any injury or illness sustained in the course of employment that requires medical,
surgical, or hospital treatment. Subject to applicable legal requirements, workers’ compensation insurance
provides benefits after a short waiting period or, if the employee is hospitalized, immediately.
Employees who sustain work-related injuries or illnesses should inform their manager immediately. No
matter how minor an on-the-job injury may appear, it is important that it be reported immediately. This
will enable an eligible employee to qualify for coverage as quickly as possible.
Neither Tijuana Flats nor the insurance carrier will be liable for the payment of workers’ compensation
benefits for injuries that occur during an employee’s voluntary participation in any off-duty recreational,
social, or athletic activity sponsored by Tijuana Flats.
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WORKER’S COMPENSATION AND GENERAL
LIABILITY SAFETY TIPS
General Safety tips
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Keep the First Aid Kit stocked
Keep Name Address, and directions for the nearest Hospital and or Walk-in Clinic on hand
Keep emergency Numbers on file
When an injury occurs Employee or Guest:
1. Take care of the person injured
2. Gather all information about the incident and talk to any witnesses
3. Company stores should call the Corporate Support Center and Fax the information to the HR
Dept. / Franchise stores should report this information to their Franchise Partner/Owner
Workers Compensation (Employee) Safety Tips
Cuts
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Always use Cutting Glove for BOH Prep and for FOH cutting of lemons and limes (Knife in one
hand, a cutting glove on the other)
Keep knives sharp to prevent from slipping off product
Keep floors dry and use rubber mats with drainage to prevent slipping
Always use proper size knife for the job
Keep all equipment in top working condition (slicers, robo coupe, etc…)
Slip and fall
 Non- Slip shoes
 Rubber mats that drain
 Sweep and mop floors constantly to keep grease from building up
 Keep walk-ways free of boxes, etc.
 Non-Slip stripes and or mats in coolers
 Be aware of trip hazards in the parking lot, repair as needed
 Use wet floor signs
Burns
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Use protective gear when working with hot fryers / steamers-gloves, aprons, eyewear, towels
Keep floors clean and dry to prevent slips
Keep all walk-ways free of boxes, etc.
Use spatulas, tongs, towels and gloves when working with hot products
Eyewash kit in place
General Liability (Guest) Safety Tips
Slip and fall
 Keep dining room floors clean and dry
 Keep walk-ways clear
 Keep all mats clean and dry, replace as needed-look for rolled corners or ends
 Monitor Hot Sauce bar for spills
 Use wet floor signs for all spills and after moping and when it is raining
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

Check the parking lot for trip hazards, pot holes, etc. daily
Keep restroom floors dry
Chip Tooth
 Be sure when training the Prep cook we teach them to check for foreign objects such as wire,
staples, paper, plastic, etc. from original containers before preparing product
 Strain fryers before, during and after their meal period for any product that was dropped into oil
 Check chicken very closely for bones (during prep, cooking and before serving)
Burns
 Have Servers inform guest that food is hot (especially any fried items)
 Explain the Hot Sauces and silverware location
 Eyewash kit in place
O.S.H.A.
O.S.H.A. (Occupational Health and Safety Act) assures safe and healthful working conditions for working
men and women throughout the nation. For more details please refer to the poster hanging in the
restaurant.
HAZARDOUS CHEMICALS
All stores are required to have a Materials Safety Data Sheet manual. For all questions about any of
chemicals used in the restaurants, please refer to the manual.
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TIJUANA FLATS SAFETY TIPS
Store Safety
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*
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*
*
*
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*
*
*
*
Always keep the back door locked.
Before opening the back door look out the window or peep hole in door.
Only use the back door for deliveries and trash removal
Do not accept deliveries during peak business hours.
Do not take out trash after dark.
Once the doors are locked at closing, no re-entry is allowed (Employees or guest).
Closers should move cars to the front in a well-lighted area before closing the store.
Closers should leave in groups.
No one person should be in the store alone.
Keep cash drawer fund levels low at all times.
Always close cash drawer immediately after the sale.
If you become confused during a transaction close the drawer and call for a manager.
Keep an eye out for guests that are in the store for a long period of time before or after eating.
Check restrooms during the last hours of business and at close to make sure every guest has left.
If you are uncomfortable with any situation, call the police.
Always wear a cutting glove when working with sharp tools.
Always remember to put a Wet Floor sign out when there is a spill or any other substance on the
floor.
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SAFETY AND SECURITY POLICY AND PROCEDURE
Opening Safety / Security Procedures
 Keep all doors locked
 The back doors should only be unlocked for deliveries and trash - KEEP BACK DOOR LOCKED at all
times
 Front doors should only be unlocked for opening employees
 Managers are the only ones that hold a key to the restaurant
 No deliveries during a rush.
 All Employees enter through the front door
Closing Safety / Security Procedures
 Keep all doors locked
 No trash runs after dark
 Once we are closed and all guest have left, the front door is to be locked
 No re-entry by employees or guests
 Leave in groups after close
 No one in restaurant alone
 Make sure that closers move their cars to a well-lit area.
 Alarm should always be used – NO EXCEPTIONS
 All employees exit through the front door
 If an alarm or safe is not working it must be repaired the following day.
 If an alarm or safe is not working for one night, contact Area Supervisor and the
Support Center
During Operating Hours






Managers are not to give keys to employees
Managers must be aware when the doors are being unlocked for trash, deliveries, etc.
Manager must be present for trash runs
Keep the cash levels low in the draws
Go to the bank once the closing Manager has arrived
Never leave safe on “Day Lock”
Cash Handling Procedures

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Safe needs to be locked at all times (never kept on “day lock”)
Always keep cash drawers closed and locked while not in use during open hours.
When the store is closed, the cash should be out of the drawers and placed in safe.
Drawers are to be kept empty and open overnight.
Do not count money in the view of guests
Keep cash levels low
Bank Runs / Deposits: Minimum once a day bank runs – No Exceptions
 If you feel you need an escort, call the police.
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Manager Changes
When you have a Manager change you must:
 Change all Keys/Locks for all entry doors, walk in coolers, cash drawers, etc.
 The Area Supervisor will change all alarm codes, add or delete users

Health / Food safety
Proper training is the key:

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


Wash Hands…Wash Hands…Wash Hands
Sanitize utensils
Sanitize tables and chairs
Sweep and mop floors with clean mop and water
Follow Health codes when handling food
Date and cover all product
Keep Hot Bar clean and sanitized, pumps, catch mats, etc.
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Reference Section
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EMPLOYEE ACKNOWLEDGEMENT FORM
The Employee Handbook describes important information about Tijuana Flats, and I understand that I
should consult with my General Manager/Supervisor regarding any questions after receiving and reading
the handbook. And if I need further clarification on a policy or procedure the Tijuana Flats Policy Manual
is available to me through my immediate supervisor.
Since the information contained in this handbook and the policy manuals are subject to
change, I acknowledge that revisions may occur. Only the CEO along with the Vice President
of Human Resources has the ability to adopt any revisions to Policy and Procedures.
I have entered into my employment relationship with Tijuana Flats voluntarily and acknowledge that there
is no specified length of employment. Accordingly, either Tijuana Flats or I can terminate the relationship
at will, with or without cause, at any time. Furthermore, I acknowledge that this handbook is neither a
contract of employment nor a legal document.
I received a copy of the Employee Handbook and have access to the Tijuana Flats Policy Manual. I
understand that it is my responsibility to read and comply with all policies contained in the
handbook/manual and any revisions made to them.
___________________________________________
Employee Name (print)
___________________________________________
Employee Signature
___________________
Date
___________________________________________
Manager/Supervisor Name (print)
___________________________________________
Manager/Supervisor Signature
___________________
Date
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UNEMPLOYMENT COMPENSATION EMPLOYEE
ACKNOWLEDGMENT OF PROBATION
Company Name: Tijuana Flats
Employee Name:______________________________________
Social Security Number:________________________________
Date:______________________
VERY IMPORTANT – this form must be signed by the EMPLOYEE within the first SEVEN (7)
days of his or her employment to be valid under the law.
I understand that I am on probation as an employee for the first ninety (90) days of my employment
which started on ______________ (date) for the purpose of the Florida “Unemployment Compensation
Law.” I understand that if my employer discharges me for unsatisfactory work performance under the
Florida “Unemployment Compensation Law” he will not have his account charged for any unemployment
benefits I might be eligible for in the future.
I acknowledge that I signed this form within seven (7) days of my employment.
____________________________
Employee Signature
_________________
Date Signed
____________________________
Employee Name (type of print)
_________________
Social Security No.
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NON-DISCLOSURE AND NON-COMPETITION
AGREEMENT
TIJUANA FLATS MANAGEMENT COMPANY (“Company”) and ___________________ (“Employee”) hereby
enter into this Non-Disclosure and Non-Competition Agreement (“Agreement”) and the parties agree as
follows:
1.
While an employee of Company, or anytime after Employee leaves his or her employment, Employee
must not Disclose any of Company’s (including Affiliates) Protected Information in any Unauthorized
manner or for any Unauthorized purpose. Employee must immediately deliver to Company all
property and materials in Employee’s possession which contain Protected Information of Company
or its Affiliates. While an employee of Company, or anytime after Employee leaves his or her
employment, Employee shall not Disclose Protected Information relating to any aspect of the
business or operations of the Company or its Affiliates or the Restaurant.
2.
While an employee of Company and for one (1) year after termination and within 20 miles of any
Restaurant or Planned Restaurant, Employee agrees not to compete with Company or its Affiliates.
Notwithstanding the above, Employee may work in a management level or lesser position for a
restaurant chain which has been in existence for a minimum period of two years prior to Employee’s
departure from Company.
3.
During the Term of Employment and for one (1) years thereafter, Employee cannot offer
employment of Company’s employees or its Affiliates or otherwise solicit or induce any employee of
Company or its Affiliates to terminate their employment.
4.
Employee acknowledges that this Agreement is a condition of his/her Employment. Employee
acknowledges that the geographical and time limitations are reasonable and properly required for
the adequate protection of Company and its Affiliate. Employee acknowledges that Company will
only provide training and Protected Information in reliance on the promises Employee makes in this
Agreement. Employee acknowledges that this Agreement will not be a barrier to further employment
and that his/her skills are such that he/she may obtain other employment suitable despite signing
this Agreement.
5.
This contract shall be governed by Florida law and all disputes shall be brought in Orange County,
Florida. Employee agrees that a breach of this agreement will cause irreparable injury to the
Company or its Affiliates for which the remedy at law will be inadequate and would be difficult to
ascertain. Therefore, in the event of the breach or threatened breach by Employee, the Company
shall be entitled to injunctive relief, in addition to any other rights and remedies Company may
have. Company shall not have to obtain a bond.
6.
The Definitions attached are here to fully incorporated into this Agreement.
Employee Signature:
Date:
Witness Signature:
Date:
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Definitions
“Affiliates” shall mean partners, parents, subsidiaries, sister corporations, any successor entity,
and any entity in which the Company has an interest, including but not limited to, an interest as franchisor
or joint partner held by an affiliate.
“Compete” shall mean participation either individually or jointly with others, directly or indirectly,
whether for Employee’s own account (including but not limited to officer, director, employee, partner,
independent contractor, consultant, principal, agent, proprietor, owner or part owner) or for that of any
other person or entity, engage in or own or hold any ownership interest in any person or entity engaged
in the development or marketing of a restaurant business with a theme, décor or principal food or service
the same as or similar to that Company or its Affiliates (including, but not limited to, Tex Mex restaurants
and the franchising of Tex Mex restaurants), then existing or planned for the future, which Employee may
learn of or develop while an employee of Company.
“Disclose” shall mean to publish, disclose, use, or authorize anyone else to publish, disclose, or
use, whether for Employee, individually, or jointly with others, for the benefit of Employee or any third
party.
“Planned Restaurant’ shall include all locations for which the Company is conducting active, bona
fide negotiations to secure a fee or leasehold interest with the interest of establishing a restaurant hereon.
“Protected Information” shall mean trade secrets, secret or confidential information relating to the
business, customers, trade practices, trade secrets, technology, recipes or know-how and all other
knowledge, information, documents or materials, owned, developed or possessed by Company whether
tangible or intangible form, which include, but are not limited to, Company’s operations, customers,
business relationships, products (including prices, costs, sales or content) information or measures,
business methods, future business plans, data bases, computer programs, designs, models, operating
procedures, knowledge of the organization, Company and other information owned, developed or
possessed by Company or its Affiliates.
“Restaurant” shall mean a Tijuana Flats Burrito Company restaurant, including those owned by
Company or its Affiliates.
“Unauthorized” shall mean: (i) in contravention of Company’s policies or procedures; (ii) otherwise
inconsistent with Company’s measures to protect its interests in the Protected Information; (iii) in
contravention of any lawful instruction or directive, either written or oral, of a Company employee
empowered to issue such instruction or directive; (iv) in contravention of any duty existing under law or
contract; or (v) to the detriment of Company; all including its Affiliates.
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TIJUANA FLATS POLICY IN SEXUAL HARASSMENT
Tijuana Flats does not condone or tolerate sexual or other harassment of any employee whether it is by
co-workers, supervisors, customers, vendors, franchisees or their employees. It is expected that employees
will treat each other with respect. Our policy prohibits harassment in any form, including verbal, visual and
physical harassment. Employees who violate this policy will be subject to disciplinary action including
suspension and/or discharge.
Sexual advances, requests for sexual favors, and other physical conduct of a sexual nature will be
considered to be harassment when:
1. Submission to such conduct is made a term or condition, either explicitly or implicitly, of an
individual’s employment.
2. Submission to or rejection of such conduct by an individual is used as the basis for employment
decisions affecting the individual.
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work
performance or creating an intimidating, hostile or offensive working environment.
Sexual harassment, racial or ethnic slurs, and other harassing language or conduct have no place in our
business. Sexual or other harassment by an employee is grounds for immediate termination.
Any employee who is subjected to or observes such conduct is to contact his/her supervisor or any other
supervisor or member of management and Human Resources. The Company will investigate the matter
and take appropriate action. All employees are expected to cooperate with the investigation. Information
provided by the individual will be treated as confidential and only be provided to those persons who have
a need for the information or when it is required in the course of investigating the complaint. Failure to
cooperate or providing false information in an investigation can lead to discipline, including discharge.
Statement of Understanding:
I have read and understand the information on Sexual Harassment in the Workplace and the
policy for Tijuana Flats regarding harassment. While employed by Tijuana Flats, I agree to
conduct myself in a manner which supports the behaviors outlined in the Personnel Guidelines
Manual and above-mentioned document. I further understand that if I behave in a manner
that is in violation of these documents, I may be subject to disciplinary action up to and
including dismissal.
Employee Name: ____________________________________________________________
Signature: _______________________________ Date: ______________________________
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EMPLOYEE PROFILE FORM
Name: _____________________________________ Date of Birth: __________________________
S.S. #: ____________________________________ Email address:__________________________
Home Phone:
____________________________
Cell Phone: __________________________
Home Address: _____________________________________________________________________
City: _______________________________ State: _______________
Zip: _________________
Hire Date: ___________________________ Store Location: _______________________________
Position: _______________ Wage: ____________ Are you Serve Safe Certified? ___________
File Information (Circle One)
Tijuana Flats Burrito Company is subject to certain governmental recordkeeping and reporting requirements for the administration of
civil rights and regulations. In order to comply with these laws, we invite employees to voluntarily self-identify their gender and
ethnicity by completing the following Employee Profile information. Submission of this information is voluntary and refusal to provide it
will not subject you to any adverse treatment. The information will be kept confidential and will only be used in accordance with the
provisions of applicable laws, executive orders, and regulations, including those that require the information to be summarized and
reported to the federal government for civil rights enforcement. When reported, data will not identify any specific individual. The
Employee Profile information will be kept Confidential.
Marital Status:
Ethnic Code:
Single
Married
White = 1
Black or African American = 2
Hispanic or Latino = 3
Native Hawaiian or Pacific Islander = 4
Asian = 5
American Indian/Alaskan Native = 6
Two or more races = 7
Gender:
Male
Female
Education:
DiplomaNo College
Some College
2 – Year Degree
Coursework Completed
4 – Year Degree
If 2 or 4 Year Degree, what was your major/field of study? _________________________________
Which best describes your Previous Experience?
Fine Dining
Cafeteria
Casual
Retail
Other
How did you find out about Tijuana Flats? _______________________________________________
Emergency Contact Name: ________________________
Phone: ______________________
Signature:
Date:
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TIJUANA FLATS EXPENSE REPORT
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TIJUANA FLATS COMPANY VEHICLE MILEAGE
TRACKER
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TIJUANA FLATS CELL PHONE DEDUCTION
AUTHORIZTION FORM
Employee Name:_____________________________________________
Department:_____________________ Title:_______________________
Cell Phone Number:___________________________________________
Additional Cell Phone Services Requested:
Sprint Hot Spot ($29.99 plus tax monthly)
Sprint Phone Insurance ($8.00 plus tax monthly)
None
Agreement for Payroll Deductions:
I authorize TJF Management to deduct the costs of those services selected above, as well as any other
services or charges not covered by the corporate cell phone plan including but not limited to directory
assistance, downloads, and call forwarding, from my bi-weekly paycheck. I understand that if I select
none, I do not wish to have any additional services and any services that currently are attached to my
phone number will be cancelled. I understand that if I have other charges to my phone number, I will be
responsible to pay those through a payroll deduction on the following paycheck.
____________________________________________________
Employee Signature
_______________________
Date
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TIJUANA FLATS MANAGER SERVICE ALCOHOL
POLICY
Team members must be 18 years of age or older to participate in the sale, preparation or
service of any Alcohol Beverage.
1.
Managers will not allow service to anyone under the age of 21.
 Tijuana Flats employs a “zero tolerance” policy regarding serving minors
 It is the law and policy not to serve any Guest under the legal drinking age of 21
 Team Members violating this policy can face immediate termination and are subject to fines and
possible criminal charges.
2.
Managers will not allow service to anyone who is intoxicated, managers must execute the
following:
 Periodically cycle through the store on every shift and observe guest’s behavior and consumption
3.
If an intoxicated guest requests another alcoholic beverage, managers must execute the
following:
 Do not serve another alcoholic beverage under any circumstance
 Communicate to the guest, “I am sorry, but I cannot serve you anymore alcohol.”
 Communicate to all team members that the guest has been cut off
 Offer non-alcoholic alternatives, including food and beverage
4.
If an intoxicated guest leaves the restaurant and attempts to drive, managers must execute
the following:
 Never attempt to physically stop a guest from leaving the restaurant or driving
 Inform the guest that the authorities will be notified of their departure
 Immediately alert the authorities to provide a description of the automobile and the direction the guest
drove
 Never leave the restaurant to pursue a guest
5.
It is the manager’s responsibility to ensure ALL team members have been properly trained on
Responsible Alcohol Service
 Certify ALL F.O.H. team members according to Tijuana Flats Policy
6.
Team members of legal age may consume alcohol at Tijuana Flats on their day off. The
following guidelines apply:
▪ The restaurant must be open for business to the public;
▪ The team member may not be in uniform;
▪ The team member must be seated in the dining area and being attended to as a guest;
▪ The team member must be consuming food as well as alcohol; and
▪ The team member must be held to the same standards of alcohol consumption as a guest.
7.
Any violation of the Alcohol Service Policies will be considered a serious violation.
 Disciplinary action will be taken up to and including termination
By my signature below, I hereby acknowledge that I have read, understood, and have fully familiarized myself with
the contents of the Tijuana Flats Alcohol Service Policy and the law.
Manager Signature:
Date:
Supervisor Signature:
Date:
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99
TIJUANA FLATS TEAM MEMBER ALCOHOL SERVICE
POLICY
Team Members must be 18 years of Age or Older to participate in the sale, preparation, or
Service of any Alcohol beverage.
1. Team Members will not serve alcoholic beverages to anyone under the age of 21.
 Tijuana Flats employs a “zero tolerance” policy regarding serving minors
 It is the law and our policy not to serve any Guest under the legal drinking age of 21
 Violating this policy you can face immediate termination and are subject to fines and criminal charges
2. Team Members will ask ALL Guests who look under the age of 30 for proper identification.
 Proper Identification includes:
1. State-issued driver’s license or State-issued I.D. – not expired, with photo
2. Military I.D. – not expired, with photo / Passport – not expired, with photo
 What to look for when checking an I.D.:
1. Birth date – subtract date from the current year; the server is personally liable by law to check DOB
2. Ensure the height, weight, and photo match of the Guest
 What to do if you detect a problem I.D
1. Notify a Manager – have the Manager validate I.D.
3. Team Members will not serve alcoholic beverages to anyone who is intoxicated.
 Never serve a Guest alcohol if there are visible signs of intoxication
 Visible signs of intoxication:
1. Relaxed inhibitions– loud speech, being overly friendly, changing voice from soft to loud
2. Impaired judgment– complaining about the beverage, being argumentative, using foul language
4. Team Members will immediately notify a Manager in the event:
 Guest enters the restaurant intoxicated – Manager will refuse service to the Guest
 Guest becomes intoxicated – Manager will cut the Guest off
 Guest attempts to leave the restaurant – Manager will gather information for authorities
 Guest displays behavioral changes – Manager will cut the Guest off
5. Team Members will not leave the restaurant in an attempt to recover payment or pursue a Guest.
6. Team Members who serve alcoholic beverages (Host, Bartenders, Servers) must be of legal age to sell and
serve and successfully complete the required certification requirements.
7. Team Members of legal age may consume alcohol at Tijuana Flats on their day off. The following
guidelines apply:
 The restaurant must be open for business to the public;
 The team member may not be in uniform;
 The team member must be seated in the dining area and being attended to as a Guest;
 The team member must be consuming food as well as alcohol; and
 The team member must be held to the same standards of alcohol consumption as a Guest.
8. Team Members cannot consume alcoholic beverages while working or come to work under the influence
9. Any violation of Tijuana Flats Responsible Alcohol Service Policies will be considered a serious violation.
 Disciplinary action will be taken up to and including immediate termination
By my signature below, I hereby acknowledge that I have read, understood, and have fully familiarized myself with
the contents of Responsible Alcohol Service, Tijuana Flats policies, and the law.
Team Member’s Signature____________________________
Date______________________
Manager’s Signature_________________________________
Date______________________
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100
TIP POOLING AGREEMENT
I understand Tijuana Flats Burrito Company (“TJF”) requires all cashiers pool their Tips with other
cashiers. A copy of the current procedure entitled “Calculating and Distributing Tips” (the “Policy”) is
attached to this agreement.
I agree to turn over all Tips I receive to TJF in accordance with the Policy. I further agree that
such Tips will be pooled with the Tips of all other cashiers and distributed in accordance with the Policy.
I understand that all Tips allocated to me pursuant to the Policy will, in accordance with law, be
reported to the IRS as taxable wages and they will be subject to employment tax withholding. The
allocated Tips will also be subject to income taxes and income tax withholding.
I further understand and agree that TJF may elect to withhold employment and income taxes
from my allocated Tips prior to remitting them to me pursuant to the Policy. I further understand that
payroll and income taxes allocable to my allocated Tips will be withheld from my non- Tip wages if TJF
does not elect to withhold payroll and income taxes from my allocated Tips.
In the event my non-Tip wages are not sufficient to cover the amount of payroll and income
taxes TJF is required by law to withhold from my allocated Tips, I agree to promptly remit such taxes to
TJF on demand.
TJF shall be permitted to revise the Policy and this agreement at its sole and absolute discretion.
I have read and understand the tip pooling procedures stated above, and agree to participate in
the tip pooling and redistribution program from this day forward.
________________________________________
(Employee’s Signature)
_______________
Date
________________________________________
(Print Employee’s Name Here)
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101
ANNUAL MANAGER PERFORMANCE REVIEW
Manager Name:
Job Title:
Date of Review:
Reviewer:
Rate performance and provide specific examples to support your rating whenever possible. The following
rating scale should be used for all sections:
Exceeds – Performance exceeds expectations. Manager consistently goes beyond job requirement and
3
or/frequently develops innovative approaches for achieving results. Always demonstrates performance
standards. Manager is a role model for others.
Consistent –Performance consistently meets and sometimes exceeds expectations. Consistently
2
demonstrates performance standards and achieves results.
Inconsistent – Performance is inconsistent. Standards are not always followed and results are not
1
being met consistently as excepted.
Never – Performance fails to meet expectations and lacks in critical areas. Performance standards are
0
not being followed and results are not being met. Immediate corrective action is necessary.
For ratings of Exceeds and Consistent give specific examples of consistent results and consistent performances standards should be
used in the comments. For ratings of Inconsistent and Never give examples of systems and standards that can be used in their
development should be used in the comments. Also, for a rating of Never a specific developmental plan and time line for completion
should be given with the review.
PEOPLE
Development of Managers and Employees, Mentoring, Development Planning, Use of Tools and Coaching
{
}
Manages and leads others in a way that clearly demonstrates that the ability to build and lead
high performance teams is critical to the success of Tijuana Flats.
{
}
He/She has a wide network of strong, positive working relationships with peers, subordinates,
supervisors, customers, and suppliers.
{
}
He/She demonstrates and understands the importance of proper selection, orientation and
training. Has a clear understand that this leads to retention of employees
{
}
Provides and supports on-going training that enhances the skills of others.
{
}
Communication with team is positive, clear, upbeat and relevant. (Including clear communication
of shift plans). Has ability to inspire and motivate.
{
}
Listens effectively to employees and managers
{
}
He/she uses the tools that Tijuana Flats has in place for employee development and
communication (line ups, heats talks, manager red book, etc.)
{
} = Total
Rating =
Rating Scale for People: 21-19 = Exceeds
18-13 = Consistent
12-7 = Inconsistent
7-0 = Never
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102
Comments:
QUALITY OF OPERATIONS
Execution, Execution, Execution
{
}
He/She works not only to meet customer’s current needs, but to anticipate and prepare for future
needs.
{
}
Seeks and effectively uses the guest’s reactions and feedback to improve the products and
service.
{
}
Ensures that the restaurant is delivering “Tijuana Flats standards” by utilizing all tools set in place
by Tijuana Flats (i.e. Quality Controls, taste plates, etc.)
{
}
Ensures that pre-shift checklist are completed, and that restaurant is set up for successful shift
execution
{
}
Correctly positions and manages people, products and equipment to improve shift level and
profitability
{
}
Uses sales trends to control labor
{
}
He/She has excellent attention to shift detail.
{
}
Creates and environment that reflects Tijuana Flats culture. Employees are positive, upbeat and
attentive, and aware of the expectations for the shift.
{
} = Total
Rating =
Rating Scale for Quality of Ops: 24-21 = Exceeds
20-17 = Consistent
16-13 = Inconsistent
12-0 = Never
Comments:
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103
FINANCIALS
Understanding, Performance and Results
{
}
He/She has a clear understanding of monthly budgets
{
}
He/She understands the impact of operations on the P&L
{
}
Has the ability to read financial statements, analyze the P&L and identify opportunities to improve
the restaurants results
{
}
Works to obtain the budgeted numbers
{
} = Total
Rating =
Rating Scale for Financials: 12-9 = Exceeds
8-5 = Consistent
5-2 = Inconsistent
1-0 = Never
Comments:
PERSONAL EFFECTIVNESS
Personal Conduct, Work Ethic, Skills, and Management Style
{
}
Manages and leads according to Tijuana Flats’ Mission & CORE values. Has strong character and
displays integrity.
{
}
He/She understands goals and has a clear plan to reach and accomplish the goals of restaurant.
{
}
Upholds the high standards of Tijuana Flats
{
}
Has the ability to make tough decisions in a timely manner
{
}
Has an excellent attention to detail and strong organizational skills
{
}
Has the ability to “think outside the box” in order to make improvements, overcome challenges,
and/or to achieve goals.
{
}
He/She demonstrates a high level of personal energy, a positive and relentless attitude and a
strong urgency for results.
{
}
Has the ability to motivate and inspire team.
{
}
He/She conveys their thoughts and ideas effectively (either verbally or written) in a manner that
is articulate and confident
{
} Remains approachable and level headed during difficult times and is able to work towards a
resolution
1/27/2015
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104
{
} = Total
Rating =
Rating Scale Personal Effectiveness: 30-27 = Exceeds
26-23 = Consistent
18-0 = Never
______________
Comments:
GOALS
Status of Prior Goals and New Goals
Status of Goals from Prior Review:
Goal #1:
Goal #2:
Goal #3:
Goal #4:
Goal #5:
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105
SCORE AND SUMMARY
Review Summary:
Total Points Received =
= Overall Rating of
Overall Scale: 87-65 = Exceeds
64-43 = Consistent
20-0 = Never
Annual Increase:
Date of Next Review:
Employee Signature:
Date:
Manager Signature:
Date:
1/27/2015
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106
MANAGER PERFORMANCE 6 MONTH REVIEW (SELF
EVALUATION)
Manager Name:
Job Title:
Date:
To be completed by Manager
I will start:
1.
2.
3.
4.
5.
I will stop:
1.
2.
3.
4.
5.
1/27/2015
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107
I will continue:
1.
2.
3.
4.
5.
Summary of the past 6 month’s performance:
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108
QUARTERLY PREVEIW
EMPLOYEE NAME:
MANAGERS NAME:
EMPLOYEE POSITION:
DATE:
HEAT SCALE:
3
SPICY: Employee is Exceeding Expectations
2
MILD: Employee is Meeting Expectations
1
KICK IT UP A NOTCH: Employees Needs Development
HEART
Is the employee committed to providing guests with fresh food and outstanding service?
Is the employee dependable and hardworking?
Does the employee take pride in his/her appearance and follow Tijuana Flats uniform standards?
Does employee illustrate Tijuana Flats CORE Values while in the restaurant?
Does the employee display a positive approach?
Has the employee set development goals for his/her position? (i.e. strive to become a Trainer)
Total
Score Notes:
/6=
ENERGY
Does the employee work every shift with a positive, upbeat attitude?
Is the employee committed to providing a fun and friendly atmosphere for all guests?
Does the employee display a sense of urgency?
Is the employee consistently self-managed and highly productive?
Does the employee display our culture by providing a fun and unique atmosphere for our guests?
Total
Score Notes:
/5=
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109
ABILITY
Does the employee consistently demonstrate the proper procedure for his/her job function?
Is the employee knowledgeable of all positions?
BOH = Food Runner, Plater, Wrapper, Builder, Prep
FOH = Greeter, Register, Floor, ToGo, Service, Food Runner
Does the employee consistently finish all side work and complete checklist on each shift?
Does the employee remain guest focused on each shift by consistently anticipating and exceeding
guest expectations?
Does the employee follow all policies and procedures?
Total
Score Notes:
/5=
TEAMWORK
Is the employee considered approachable by his/her coworkers?
Does the employee foster team on his/her shift by seeking ways to be of assistance to fellow team
members?
Does the employee display leadership in his/her position?
Does the employee work well and take instruction well from managers?
Does the employee communicate well with others?
Total
Score Notes:
/5=
QUARTERLY GOALS:
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110
EMPLOYEE RIGHTS AND RESPONSIBILITIES
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111
TIJUANA FLATS EMPLOYEE INJURY SUPPLEMENT
To be completed by manager on duty
Date of injury:
Time of injury:
Employee Name:
SS#:
Phone #:
Date of Birth:
Time Employee’s Shift Started: _________________Ended:
Location (Store # and Address):
Type of Injury / Detailed Injury Description:
Body Part(s) Affected:
Specific Activity the Employee was Engaged in while the Accident Occurred:
Were Applicable Safeguards or Safety Equipment Provided (if applicable, please describe) :
If yes, were they used? :
Did employee seek medical treatment?
If yes, name of facility, address, and phone number:
Name of Manager on Duty: _____________________________________
Signature of Manager on Duty: ________________________________________
HR Contact: Jeff Rettig Sr. 407-339-2222 Fax 407-386-7162
EMPLOYEES SEEKING MEDICAL TREATMENT SHOULD REPORT
THE FOLLOWING INFORMATION TO THEIR PROVIDER:
This is a Workers Compensation injury, the employer is Tijuana Flats
The workers compensation policy is: #M1132301
All Medical Bills should be mailed to:
Zenith
3504 Lake Lynda Drive
Suite #200
Orlando, FL 32817
The Provider may call (800) 999-3242 for any additional information. Fax: 800-364-0443
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112
TIJUANA FLATS GUEST INCIDENT REPORTING
FORM
To be completed by the manager on duty
Name and Address of Guest:
Guest Phone #:
Guest Date of Birth:
Best Time to Contact: _____________________
Address:
Alternate Phone #:
Guest Gender:
Location Code (Store #):
Phone #: _______________________
Detailed Description of Incident (use additional paper if necessary):
Restaurant Condition at Time of Accident:
Witness #1 Name:
Address:
Phone #:
Alternate Phone:
Witness #2 Name:
Address:
Phone #:
Alternate Phone:
Actions Taken as a Result of Incident:
Name and Address of Medical Facility (if applicable):
Date and Time of Incident:
Name of Manager on Duty:
Signature of Manager on Duty:
Corporate office contact:
HR Department: Jeff Rettig Sr. or Christine Fields
Phone: 407-339-2222
Fax: 407-386-7162
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113

Tijuana Flats Policy Manual

Transcription

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