Ventana del Soul Employee Handbook :: Ventana del Soul



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Ventana del Soul's Employee Handbook

TABLE OF CONTENTS

INTRODUCTION

I. EQUAL OPPORTUNITY

A. EQUAL OPPORTUNITY POLICY

B. AMERICANS WITH DISABILITIES ACT

C. NO HARASSMENT POLICY

II. ATTENDANCE

A. ATTENDANCE POLICY

B. HOURS OF WORK

C. VACATION

D. SICK LEAVE

E. MILITARY LEAVE

F. JURY DUTY

G. PERSONAL LEAVES OF ABSENCE

H. RETURNING FROM LEAVE OF ABSENCE

I. AUTHORIZATION FOR ABSENCE

III. PAYROLL POLICY

IV. WORK RULES, CONDUCT, AND AUTHORITIES

A. RULES

B. MEDIA AND GOVERNMENTAL AUTHORITIES

C. POLITICAL ACTIVITIES

D. SPONSORED PROJECTS

E. FINANCIAL MATTERS

F. ADDITIONAL RESPONSIBILITIES OF MANAGERS AND SUPERVISORS

V. YOUTH INTERACTION

A. YOUTH MISTREATMENT

B. RULES

VI. SAFETY

VII. APPEARANCE, DRESS, AND HYGIENE

VIII. SUBSTANCE POLICY

A. DRUG ABUSE POLICY

B. SMOKING POLICY

IX. SOLICITATION

A. EMPLOYEES

B. NON-EMPLOYEES

X. SECURITY

XI. COMPUTER AND TELEPHONE POLICY

XII. CREDIT CARD POLICY

XIII. TRADE SECRETS

XIV. EMPLOYEE COMPLAINTS

XV. PERSONNEL FILES POLICY

XVI. ALCOHOL SERVICE POLICY

XVII. CONFIDENTIALITY POLICY

XVIII. TERMINATION OF EMPLOYMENT

XVIV. DISCRIMINATION POLICY


SECTION I. EQUAL OPPORTUNITY

A. EQUAL OPPORTUNITY POLICY

Ventana del Soul is an equal opportunity employer. Applicants and employees will be considered equally unless there is an occupational skill required, or a disability prevents the applicant or employee from performing an essential function of the job, with or without reasonable accommodation, or from performing the job in a safe manner.

B. AMERICANS WITH DISABILITIES ACT POLICY

Pursuant to the Americans with Disabilities Act (ADA), no qualified individual with a disability shall be subjected to discrimination in selection, promotion, discharge, compensation, training or other terms or conditions of employment on the basis of having a disability or record of a past disability. The law and Ventana Del Soul’s ADA policy also prohibit treating an individual as disabled through stereotyping or assumptions about physical or mental conditions, real or perceived.

Ventana del Soul will make reasonable accommodation to known physical or mental limitations of a qualified employee having a disability, which would enable the individual to perform the essential functions of their desired or current position, as long as the accommodation can be provided without undue hardship to Ventana del Soul and without a direct threat to health or safety.

You must inform the local HRA of your disability and the functional limitations for which the accommodation is requested. Requests for an accommodation are voluntary.
Each request for accommodation will be addressed on a case-by-case basis.

C. NO HARASSMENT POLICY

It is the policy of Ventana del Soul that it will not tolerate harassment of our employees. The term “harassment” includes, but is not limited to, slurs, jokes, and other verbal, graphic or physical conduct relating to an individual’s race, color, sex, religion, national origin, citizenship, age or disability. “Harassment” also includes sexual advances, requests for sexual favors, unwelcome, or offensive touching and other verbal, graphic, or physical conduct of a sexual nature.

If you feel you are being harassed in any way by another employee, or by a customer or vendor, or anyone with whom you come in contact during your work, you should make your feelings known immediately. You may report harassment to your supervisor or any member of management. There is no single person to whom you have to report your complaint.

Harassment is unequivocally prohibited when:

§ Submission to the conduct is made either an explicit or implicit condition of employment;

§ Submission to or rejection of the conduct is used as the basis for an employment decision affecting the harassed employee; or

§ The harassment substantially interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment.

Rest assured that you will not be penalized in any way for reporting harassment concerning yourself or any other person. Ventana del Soul will take immediate action to punish anyone who seeks reprisal as a consequence of harassment being reported.

All harassment complaints will be thoroughly investigated, and when appropriate, corrective action, including disciplinary action, will be taken. We consider harassment to be a major offense, which can result in the suspension or discharge of an offender.

Do not assume that Ventana del Soul is aware of your problem. It is your responsibility to make known your complaints and concerns so that they may be resolved. If you have reported harassment and are dissatisfied in any way with the action taken, immediately report your dissatisfaction to a higher authority.

SECTION II. ATTENDANCE

A. ATTENDANCE POLICY

All employees are expected to arrive on time, ready to work, every day. If you are unable to arrive at work on time, or must be absent for an entire day, you must contact your supervisor as soon as possible. Leaving a message with a co-worker is not acceptable. Excessive absenteeism (excused or unexcused) or tardiness will result in discipline up to and including termination.

B. HOURS OF WORK

It is Ventana del Soul’s policy to establish working hours as required by work load and production flow. There are different jobs in Ventana del Soul requiring different hours of work. An employee’s work schedule will depend on the task(s) to which he or she is assigned.

Overtime may be scheduled when approved by a supervisor. The use of overtime will be limited to that absolutely essential for job accomplishment. Overtime will be paid in excess of forty hours per week at one and one-half times the employee’s hourly rate.

The work week begins on Sunday. Rest breaks are considered as time worked but lunch periods are not. Employees are not permitted to work before their scheduled starting time or continue to work after their normal quitting time without the prior approval of the supervisor.

C. VACATION

Ventana del Soul recognizes paid vacations for all full-time employees.

Length of vacation:

· 5 days after completing 1 year of continuous employment.

Employees who are terminated will not be eligible for any vacation. Employees who leave employment voluntarily or who are terminated will not be eligible for any vacation pay.

D. SICK LEAVE

Ventana del Soul recognizes paid sick leave for all full-time employees. Employees who feel ill should report this fact to their immediate supervisor. Some illnesses may be food borne and present a danger to our guests.

Length of leave:

· 1 day after completing 60 days of continuous employment.

Employees are not eligible for any sick leave pay on termination.

E. MILITARY LEAVE

Any employee enlisting or entering the military service of the United States, pursuant to the provisions of the Uniformed Services Employment and Re-employment Act, as amended, will be granted all rights and privileges provided by the Act.

F. JURY DUTY

Employees will be allowed unpaid leave to serve on jury duty. Employees must notify their supervisor when summoned for jury duty. Employees are expected to keep their supervisor informed as to the expected length of service on the jury and to be available for return to work at the conclusion of the trial.

G. PERSONAL LEAVES OF ABSENCE

All requests for a personal leave of absence must be in writing and include the reason for the absence and the amount of time requested. All requests must be submitted with sufficient lead-time for approval prior to your leave of absence. Employees on leave of absence will not be eligible for any pay or Company-provided benefits. Personal leaves of absence are not encouraged and will be considered only in unusual or emergency situations. No personal leave of absence for non-medical or non-disability reasons may exceed thirty (30) calendar days or the maximum number of days permitted under any applicable state or federal law, whichever is greater. Employees may take a personal leave for the death of an immediate family member, not to exceed three days. All personal leaves of absence are subject to approval by the employee’s supervisor.

H. RETURNING FROM LEAVE OF ABSENCE

Any employee who fails to return to work at the expiration of a personal leave of absence will be deemed to have abandoned their job, unless Ventana del Soul is notified of a reason, satisfactory to management, for not returning to work at the end of the leave of absence.

I. AUTHORIZATION FOR ABSENCE

Employees must call their immediate supervisor 1 day before you are scheduled to work if you will not be in or will be late for work. To return to work from an accident or medical leave, all employees must present a doctor’s release.

SECTION III. PAYROLL POLICY

Checks are issued by your immediate supervisor Bi - Monthly. Checks will not be issued to employees other than those whose name appears on the check unless written authorization with identification is provided. Any deductions from an employee’s salary made in error will be rectified by the pay period following notification of the error.

SECTION IV. RULES, CONDUCT AND AUTHORITIES

A. RULES

Violation of any of the following rules will subject an employee to discipline, which may include written warning, suspension, or discharge. The gravity of the offense and extenuating circumstances will be considered by Ventana del Soul in determining the appropriate penalty, if any.

Disciplinary action for any of the following may consist of:

a. Oral reprimand

b. Written reprimand

c. Termination

1. Failure to observe Ventana del Soul's rules for traffic on Company property.

2. Use of foul and abusive language.

3. Creating or contributing to unsanitary conditions on Company premises.

4. Stopping work before break time, lunchtime, or quitting time, or repeated tardiness or absence.

5. Habitual failure to punch in or out.

6. Personal work on Company time.

7. Carelessness, resulting in damage, destruction, or delay to work in progress, materials or Company property, tools, equipment or the property of other employees.

8. Disregard of safety rules and common safety practices.

9. Engaging in dishonest acts, or conduct that appears to be dishonest.

10. Personal conduct at work that is dangerous to others.

11. Repeated productivity and workmanship not up to standard.

12. Failure to notify supervisor prior to being late or absent. Excessive or consistent absenteeism or tardiness.

13. Not recording sales of Company product properly.

14. Reporting to work while under the influence of alcohol or drugs.

15. Unauthorized operation, repair of or attempt to repair machines, tools, or equipment.

16. Sleeping during working hours.

17. Unauthorized personal use of a Company vehicle or other Company property.

18. Disorderly conduct or causing a disturbance on Company property.

19. Threatening or intimidating fellow employees.

20. Stealing private or Company property.

21. Gambling on Company property.

22. Deliberate destruction or abuse of Company or other employee’s property.

23. Processing, consuming, or distributing alcoholic beverages or controlled substances while on Company property.

24. Reporting incorrect hours of work [or reporting incorrect tip income].

25. Intimidation or harassment of employees. Any employee who experiences conduct of this sort must bring it to the attention of management.

26. Deliberately restricting production or abandoning the job.

27. Two consecutive unexcused absences without notification will be considered as a termination/job abandonment.

28. Possession of weapons, explosives, or other dangerous items on Company premises without notification.

29. Falsification of employment application or falsifying other Company records.

30. Insubordination. Refusal to obey orders or supervision or refusal to perform job assignment.

31. Leaving Company premises without permission while on duty.

32. Misuse or alteration of containers or their contents.

33. Posting, altering, or removing any material on bulletin boards or on other Company property.

34. Improper use of Company communications equipment such as radios, intercom, speaker systems, computer systems, or telephones.

35. Violation of any safety regulation, including sanitation food safety regulations.

36. Violation of any security procedure.

37. Poor work ethic including: standing around and talking instead of working, distracting others from their work, not cleaning after yourself, expecting others to finish your work, inappropriate voice volume and failure to maintain a professional appearance.

38. Refrain from any inappropriate discussion topics including, but not limited to: politics, religion, medical history, wages, salary, employment status, socioeconomic background

B. MEDIA AND GOVERNMENTAL AUTHORITIES

· Media – Refer representatives of the media to the Office

· Government Authorities – Refer government authorities to the Office

· Attorneys – Refer outside attorneys to the Office. Do not provide information to outside attorney unless directed to do so.

· Public Information Requests – Refer information requests to the Office

C. MEDIA AND GOVERNMENTAL AUTHORITIES

You may participate in political activities if they do not interfere with your job duties and Ventana del Soul operations. You may not use Ventana del Soul personnel, funds, or other resources for any political activity or for political contributions. You cannot represent that your personal political or religious positions are the positions of Ventana del Soul. If you are elected to a political office, you may not accept a salary for such public service.

D. SPONSORED PROJECTS

Federal and state laws determine Ventana del Soul policies for applying for and conducting sponsored projects. You must comply with all laws and required procedures related to fundraising and conflicts of interest. Except for conflict of interest, these policies apply whether or not the project is externally funded. Project dollars can only be spent in accordance with the purpose of the project and its budget. You must keep accurate and timely records of time, effort and budgetary expenditures. You must implement project management controls required by the funding agency, federal or state law, and Ventana del Soul policy.

E. FINANCIAL MATTERS

Tips that are received over the counter or on credit cards will be distributed as bonuses to workers on a monthly basis. Donations received through the Donation Jar at the register will be counted and entered through the register as a “Donation” at the end of each shift. Staple the Donation receipt from the register on top of the Z report. You may not ask for or accept a gift that might influence or appear to influence decisions you make in your job. You may not accept a gift as a token of appreciation that has a value over $50. If a donor wishes to make a cash gift to the Cultural Center record it as a donation on the cash register and give the donor a receipt. Do not sign a contract or make an agreement, verbally or in writing, on behalf of the Cultural Center with any party. Forward contracts to the Office.

F. ADDITIONAL RESPONSIBILITIES OF MANAGERS AND SUPERVISORS

· Climate of Compliance – Create a department climate that promotes both compliance and ethical behavior, and that encourages staff to report concerns about suspected violations

· Role Model – Act as a role model for ethics and compliance. Staff will follow the example you set.

· Training – Ensure that employees receive all the compliance training that their job duties require. You are required to complete the training prescribed for you.

· Performance Reviews – Include compliance expectations in performance reviews, and administer appropriate disciplinary action, if it is required, following Ventana del Soul policy.

SECTION V. CLIENT INTERACTION

A. CLIENT MISTREATMENT

An employee is required to report any client mistreatment, whether performed by another client, another employee, a volunteer, or a contractor.


Client mistreatment includes any abuse, neglect or exploitation of a client:


• Abuse – an intentional, knowing, or reckless act or omission that causes or may cause emotional harm or physical injury to, or death of, a client.
• Neglect – a negligent act or omission, including failure to comply with an individual case plan, that causes or may cause substantial emotional harm or physical injury to, or death of, a client.
• Exploitation – the illegal or improper use of a client or the resources of a client, for monetary or personal benefit, profit, or gain.

B. RULES

1. Do not have sexual contact or sexual intercourse with a client.

2. Provide the necessary quality of supervision to avoid or prevent harm to the client or any sexual contact between clients.

3. Ensure that you do not perform or fail to perform any action that results in a breach of security or jeopardizes security of the cultural center;

4. Maintain an appropriate client relationship at all times. An inappropriate client relationship includes but is not limited to the following:


• engaging in intimate oral communication with a client;
• engaging in intimate or personal written communication with a client;
• providing or exchanging pictures (e.g., photos, cartoons) with a client;
• providing a client with any contraband (e.g., illegal drugs or unauthorized prescription drugs or medications, cell phone, cigarettes or other form of tobacco, money, candy, soda, or any other item that is not permitted by Ventana Del Soul policy, procedure, or practice);
• exploitation of client (e.g., using client labor to further private interests, selling contraband, or soliciting loans or favors from a client); or inducing (e.g., causing, persuading) or attempting to induce a client to commit an unlawful act or to falsify information.

5. Do not participate in “horseplay” with a client. You are prohibited from participating in rough or boisterous conduct for the purpose of amusement (e.g., running, wrestling, or practical jokes).

6. Do not yell, scream, curse, or use any improper language in front of a client or to taunt, provoke, or intimidate a client. You are prohibited from using profanity or intimidation to manage client behavior. You must use concern, empathy, respect and fairness when dealing with client and client issues, including all verbal and non-verbal interactions.

7. Intervene, as practical, when you observe client mistreatment or client
misconduct. It is your responsibility to intervene, as practical, when you:

• know that a client is being mistreated by another client, another employee, a volunteer, or a contractor (e.g., abuse, unjustified/excessive use of force, neglect, exploitation, or violation of a client’s basic rights);
• observe a client assaulting another person, including an employee, volunteer, contractor or visitor
• observe a client engaging in any other misconduct.

Note: Intervention may consist of: (1) non-verbal gestures made with eyes, hands, head or body utilizing proximity, standing, eye contact and/or facial expressions; or (2) verbal prompting, directive statements, redirecting client’s attention and/or behavior.

8. Maintain a professional relationship with all clients. Do not enter in to an inappropriate consensual relationship

9. Promptly and properly report youth mistreatment or client misconduct.


• You are required to report any and all information concerning the following as soon as possible: possible harm or mistreatment of client, whether performed by another client, another employee, a volunteer, or a contractor (e.g., abuse, unjustified/excessive use of force, neglect, exploitation, violation of a client’s basic rights);
• any client assault of another person, including an employee, volunteer, contractor, or visitor
• any other client misconduct.


Note: It is your responsibility to ensure you report such incidents within any time limits established by Ventana Del Soul policy.

10. Obtain permission from the proper authorities before altering any pre-arranged activities with any client

SECTION VI. SAFETY

It is the policy of Ventana del Soul to strive for the highest possible level of safety in all activities and operations, and to carry out our commitment of compliance with all health and safety laws applicable to our business by enlisting the help of all employees to ensure that public and work areas are free of hazardous conditions.

Ventana del Soul will make every effort to provide working conditions that are as healthy and safe as possible, and employees are expected to be equally conscientious about workplace safety, including proper work methods, reporting potential work hazards, and abating known hazards. Unsafe work conditions in any work area that might result in an accident should be reported immediately to a supervisor.

If an employee is injured in connection with employment, regardless of the severity of the injury, the employee must immediately notify his or her supervisor. If medical care is needed immediately, supervisors will assist their employees in getting the necessary medical attention promptly.

The following will provide an understanding of what we must all do to protect your welfare and the welfare of your friends and fellow employees:

1. All accidents, regardless of severity, are to be reported immediately to the supervisor.

2. No employee will be assigned to work under unsafe conditions or with unsafe tools or equipment. In the event that such condition develops, it will be immediately reported to the supervisor.

3. Employees should pay strict attention to their work. Practical joking and horseplay are strictly prohibited and will not be tolerated.

4. Employees should be alert to things, which may cause accidents and correct them or notify their supervisors of such items for corrections.

a) Aisles, doorways, stairways, and floors should be kept clear.

b) Work areas should be kept clean, neat and orderly.

c) Spills should be cleaned up.

d) Brooms, mops, etc., should be returned to their proper place.

5. Employees should follow the instructions of their supervisors.

6. Employees should use the right tools and equipment for the job. If you need a tool for your job, ask your supervisor.

7. Because of the hazards inherent in running, employees should refrain from running. When approaching corners and blind spots, employees should slow down and be extra cautious.

8. Machinery must be shut off and locked out or unplugged before cleaning, repairing, or adjusting is undertaken.

9. No machine or equipment will be operated when guards are removed or when safety devices are not operating properly.

10. Employees will not operate any machines or vehicles unless it is part of their job and they have been properly trained to operate them safely.

11. Warning signs and signals posted to alert employees to dangerous conditions are to be obeyed.


SECTION VII. APPEARANCE, DRESS, AND HYGIENE

Employees should dress properly for the job. Loose clothing and jewelry are dangerous while working. It is the policy of Ventana del Soul that employees wear closed toe shoes and no high heels at all times while working in or passing through the food preparation area. It is the objective of this policy that NO employee be injured due to the wearing of sandals and high heels of any type. Employees who work in the general office areas may wear shoes of any type; however when entering a food preparation area, they must comply with the policy. While personal hygiene is critical for being presentable to guests; it is imperative for the protection of their health. Employees must bathe and brush their teeth before reporting to work, have their fingernails clipped and clean and keep their hair clean, neat and worn in such a way as to avoid food contamination. Facial hair should be kept to a minimum and should be neat and well trimmed.

Frequent hand washing is the first line of defense in preventing food borne illness. Always wash your hands when changing tasks. Examples include before starting work, during work as often as necessary to avoid cross-contaminating food and to maintain cleanliness, after smoking, coughing, sneezing, eating, and each visit to the toilet.

If you feel ill or have been diagnosed with a food borne illness, report this to your supervisor before starting work. Symptoms which indicate you may have an illness which could be food borne include vomiting, fever, diarrhea or jaundice (yellow appearance to your skin). Infected cuts or sores are also a means of transmitting a food borne illness. Even if they are not infected, all cuts or sores must be bandaged and when on your hands covered with waterproof disposable gloves.

VIII. SUBSTANCE USE

A. DRUG ABUSE POLICY

This policy is implemented as part of Ventana del Soul’s overall program to maintain the health and safety of employees, customers, and the public; and to prevent civil and criminal liability. This policy covers all employees and prospective employees. It covers the possession, use, distribution or sale of drugs and drug paraphernalia. The term "drugs" refers to those substances regulated under State and Federal Law, inhalants, alcoholic beverages and prescription drugs. The use of prescription drugs when taken as directed by a doctor are excluded from coverage under this policy. In those cases where an employee is using prescription drugs which could impair the employee the employee should inform their supervisor.

It is the policy of this Company that we maintain a drug free work place. No drug or drug use is allowed on Ventana del Soul premises.

In order to implement this policy Ventana del Soul may monitor employees for drug use, conduct drug screenings, and search the premises, including employees' personal possessions and vehicles on the premises, for drugs and/or drug paraphernalia. Failure to submit to a search may result in Ventana del Soul's refusal to hire or to continue employment, or any other action in conformity with Ventana del Soul's usual disciplinary procedures.

Monitoring of employees may include direct observation and third party reporting of drug possession or use. Observation of inconsistent work quality or performance, carelessness or the taking of needless risks, disregard for the safety of others, mood swings, and other indicia of drug use may also constitute grounds for further inquiry including testing for drug use. An employee may report concerns or observations to any supervisory personnel.

Screening for drugs may be carried out under the following circumstances:

A) Pre-employment;

B) Upon suspicion of use or possession based on

1) Impairment,

2) Discovery of drugs on premises,

3) Report from third party;

C) After an on-the-job accident;

D) Randomly; and

E) Universally

The testing may be by any means including blood, hair, and urine samples. Testing will be performed by an independent laboratory. Failure to submit to the test will result in the same penalties as are imposed for a positive test result.

If an employee or prospective employee is found to have drugs in their possession or tests positive for drugs Ventana del Soul may refuse to hire or to continue employment or may take any other action in conformity with Ventana del Soul’s usual disciplinary procedures. An employee will be afforded an opportunity to explain a positive test result. Ventana del Soul shall make the final determination as to what action will be taken.

B. SMOKING POLICY

Ventana del Soul maintains a smoke and tobacco-free facility. No smoking or other use of tobacco or similar products (including, but not limited to, cigarettes, pipes, cigars, snuff, or chewing tobacco) is permitted at any point during a workday, while on company business, while in transit between work locations or assignments, while at client locations, in any part of a company building or within 15 feet of such buildings, or anywhere on or in company parking areas. There are no designated smoking areas inside or on Company premises, nor does Ventana del Soul allow smoking breaks during the workday, i.e., no additional breaks beyond those allowed under Ventana del Soul's break policy may be taken for the purpose of using tobacco or similar products. If returning from a meal break during which you have used tobacco or similar products, do not leave cigarette butts or other traces of litter or tobacco use on the ground or anywhere else. Dispose of any litter properly in the receptacles provided for that purpose.

Employees may not have the smell of tobacco smoke about their persons during work hours or while on company business. In general, employees should not use or consume any substance, the effects or traces of which could interfere with the employee's presentation of a clean and professional appearance to clients and the public in general.

Please remember to conform to the smoking or tobacco use policies of our clients when working at a client's site.

All employees are expected to abide by this policy in all respects while at work, whether on company premises, at a customer's site, or while in transit between work locations or assignments, as well as while the employee is off duty, if the employee is on company premises or in vehicles owned, leased, or rented by Ventana del Soul. Being permitted to use tobacco or similar products while off duty is a privilege, as long as such use does not interfere with the employee's work, fitness for duty, or professional appearance. If that privilege is abused, it may be withdrawn altogether.

SECTION IX. SOLICITATION

A. EMPLOYEES

There should be no solicitation or distribution of literature of any kind by any employee during actual working time of the employee soliciting or the employee being solicited. Working time does not include lunch and rest breaks. Any employee who violates any part of this policy will be subject to counseling and disciplinary action up to and including dismissal.

B. NON-EMPLOYEES

Non-employees are prohibited from soliciting and distributing literature at all times anywhere on Company property. Non-employees have no right of access to any area of the premises other than areas open to the public, and then only in conjunction with the area’s public use.

SECTION X. SECURITY

It is the policy of Ventana del Soul to maintain strict control over entrance to the premises, access to work locations and records, computer information, and cash or other items of monetary value. Employees who are assigned keys, given special access, or assigned job responsibilities in connection with the safety, security, or confidentiality of such records, material equipment, or other items of monetary or business value will be required to use sound judgment and discretion in carrying out their duties, and will be held accountable for any wrong-doing or acts of indiscretion.

Ventana del Soul has a vital interest in maintaining safe, helpful and efficient working conditions. The use or possession of alcohol, drugs, weapons, or other intoxicants creates a serious threat to the health and safety of employees. Ventana del Soul also has a vital interest in protecting its property and the property of fellow employees from theft. In order to assist in maintaining a safe and enjoyable work environment, Ventana del Soul has adopted the following policy:

Ventana del Soul may conduct unannounced searches for illegal drugs, alcohol, controlled substances, weapons, stolen property, evidence of stolen property, or stolen property of others within any area of the restaurant or office. Employees are expected to cooperate in the conducting of such searches. All employee lockers, desks (including desk drawers,) file cabinets, purses, briefcases, lunch containers, and automobiles on Company property shall be subject to unannounced search. An employee’s consent to search pursuant to this policy is required as a condition of employment. The employee’s refusal to comply with this policy will result in disciplinary action up to and including termination. Searches on Company facility can be conducted at any time and do not have to be based on reasonable suspicion.

1. Personal visitors are not permitted in work areas.

2. If it is necessary for a friend or relative to speak with an employee during working hours, the individual will be directed to the manager for assistance.

3. Business visitors will be escorted to the person they wish to see, and under no circumstances, will they be permitted in the employee only areas of the restaurant unescorted.


SECTION XI. COMPUTER AND TELEPHONE POLICY

All electronic and telephonic communications systems and all information transmitted by, received from, or stored in these systems are the property of Ventana del Soul. These systems are to be used solely for job-related purposes and not for personal purposes except as authorized by your supervisor, and no expectation of privacy of any personal privacy right in connection with the use of this equipment or with the transmission, receipt, or storage of information in this equipment.

Use of a code, access of a file, or retrieval of any stored communication unless authorized is prohibited. Further, disclose information or messages from electronic or telephonic communications systems only to authorized individuals. Ventana del Soul will monitor the use of this equipment at any time at its discretion. Such monitoring may include printing up and reading all electronic and telephonic mail entering, leaving, or stored in these systems. No privacy right whatsoever exists at the workplace and Ventana del Soul reserves the right to monitor the workplace by electronic means to ensure employees are complying with its policies.

SECTION XII. CREDIT CARD POLICY

Ventana del Soul will issue company credit cards to certain employees for use in their jobs; this policy sets out the acceptable and unacceptable uses of such credit cards. Use of company-issued credit cards is a privilege, which Ventana del Soul may withdraw in the event of serious or repeated abuse. Any credit card Ventana del Soul issues to an employee must be used for business purposes only, in conjunction with the employee's job duties. Employees with such credit cards shall not use them for any non-business, non-essential purpose, i.e., for any personal purchase or any other transaction that is not authorized or needed to carry out their duties.

Employees must pay for personal purchases (i.e., transactions for the benefit of anyone or anything other than Ventana del Soul) with their own funds or personal credit cards. Ventana del Soul will not regard expenses for one's own business-related use, such as lodging and meals while on company-approved business trips, as personal purchases, as long as such expenses are consistent with Ventana del Soul's travel and expense reimbursement policy. If any employee uses a company credit card for personal purchases in violation of this policy, the cost of such purchase(s) will be considered an advance of future wages payable to that employee, and will be recovered in full from the employee's next paycheck; any balance remaining will be deducted in full from subsequent paychecks until the wage advance is fully repaid. Such deductions may take the employee's pay below minimum wage for the pay period(s) in question.

If an employee uses a company credit card for any other type of unauthorized transaction in violation of this policy, i.e., incurs financial liability on Ventana del Soul's part that is not within the scope of the employee's duties or the employee's authorization to make business-related purchases, the cost of such purchase(s) or transaction will be the financial responsibility of that employee, and the employee will be expected to reimburse Ventana del Soul via deductions from pay until the unauthorized amount is fully repaid. Such deductions will be in the amount of the unauthorized purchase(s), but if a deduction for such amount would take the employee below minimum wage for the workweek in question, the deductions will be in two or more equal increments that will not take the employee's pay below minimum wage for any workweek involved. In addition to financial responsibility and liability for wage deductions, any purchases an employee makes with a company credit card in violation of this policy will result in disciplinary action, up to and possibly including termination of employment, depending upon the severity and repeat nature of the offense.

SECTION XIII. TRADE SECRETS

It is unfair competition to steal, copy or communicate or transmit a former employer’s trade secret information. A trade secret is defined as “the whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes.”

Our internal procedures and recipes are of great value to Ventana del Soul. Employees are not to disclose any proprietary processes or recipes to any person unless directed to by Ventana del Soul’s management. Ventana del Soul will institute civil action against anyone who violates this policy.

SECTION XIV. EMPLOYEE COMPLAINTS

It is the policy of Ventana del Soul to ensure that every employee individually has the right to discuss their complaints and suggestions with management without fear of being subject to reprimand or discipline for requesting that a complaint or suggestion be processed through the approved procedure.

Step 1: Any employee who has a complaint or suggestion concerning his/her job or any other matter, which affects the employee, should take the matter up with his/her immediate supervisor.

Step 2: If the immediate supervisor cannot resolve the complaint or take action on the suggestion to the satisfaction of the employee, he or she will go with the employee to the Executive Director for problem resolution.

Step 3: If the matter is not settled by Executive Director, he or she is to brief Executive Director on the complaint or suggestion and arrange for a meeting with the employee to discuss and resolve the matter.

Step 4: [ARBITRATION OPTION] If the matter is not solved in Step 3, Executive Director will inform the employee that he can submit the issue to binding arbitration pursuant to the Arbitration Agreement attached to this Handbook.

The history of the complaint, including all documentation, will be completed by Executive Director as the complaint is processed through the steps in the above procedure.

SECTION XV. PERSONNEL FILES POLICY

Ventana del Soul keeps certain records relating to your employment in a personnel file. The documents contained within that file are the property of Ventana del Soul and must be maintained for government and Ventana del Soul recordkeeping purposes. Some employment records are kept in separate files, such as records relating to medical conditions and leave, records relating to investigations, and records relating to I-9 requirements. All files connected with an employee are considered strictly confidential, and access will be limited only to those who have a job-related need to know the information and who have been authorized to see the file in question.

If an employee wishes to view the contents of his or her personnel file, the employee should report during off-duty time or, with permission from his or her immediate supervisor, during work time to Clare Fleming and file a written request. Your identity will be verified and you will be shown to a table where you can view the contents of the file.

You may not take or alter any document found within your personnel file. If you disagree with one of the documents, you may ask Clare Fleming for permission to add a document containing your comments regarding the document with which you disagree.

Both at and following the time you separate from employment, you may make copies of documents in your personnel file if you wish. Your personnel file will be maintained in company archives in accordance with all applicable legal requirements.

SECTION XVI. CONFIDENTIALITY POLICY

In the course of performing their duties, employees may have access to or gain knowledge of confidential information concerning Ventana Del Soul, its customers/clients, and other employees. "Confidential information" is defined as information to which the public does not have general access. This policy governs the use or further disclosure of such information.

With respect to confidential information concerning Ventana Del Soul, other employees, Ventana Del Soul's vendors and contractual partners, and/or its customers/clients, such information should be safeguarded. An appropriate manager will grant the necessary access if an employee needs such information to perform his or her duties. No other access is permitted. Any release, duplication, distribution, transmittal, disclosure, or discussion ("release") of such information that is not required by law or by the duties of the employees involved is strictly prohibited.

Unauthorized access to, and unauthorized release of, confidential information will violate this policy and may result in appropriate disciplinary action against the employee(s) involved, up to and potentially including termination of employment, depending upon the severity and/or repeat nature of the offense.

SECTION XVII. ALCOHOL SERVICE POLICY

It is Ventana del Soul’s policy that no minor or intoxicated person shall be served. Employees who willfully violate this policy will be terminated immediately. Any employee who negligently serves a minor or an intoxicated person will be counseled on proper service technique and will be terminated on the second violation of this policy.

Employees must card anyone ordering an alcoholic beverage that does not appear to be well over the age of 27. When attempting to illegally purchase alcohol, minors usually exhibit behavior that should be easily identifiable by the astute server or seller. As with anyone who is attempting a dishonest act, minors may: appear anxious or nervous; stutter, stammer or confuse their words; avoid eye contact with the seller; appear overly anxious or inappropriately.

When serving alcohol to your customers, you should take reasonable precautions. Taking steps to prevent alcohol abuse in your establishment can help protect the public from harm, and keep you from being named in a liquor liability suit.

As an alcohol server, you should know the laws and regulations concerning the serving and consumption of alcohol within licensed premises. Serving under-aged and intoxicated persons is unlawful and can have criminal penalties. Furthermore if an intoxicated person, after leaving your establishment, should be involved in an accident the injured parties may file a lawsuit against you. Follow some simple guidelines when serving alcohol and prevent this from happening to you.

One method for safe alcohol service follows the same basic sequence of a traffic signal. The levels of intoxication are organized into the red, yellow and green colors.

GREEN = GO. Everything seems normal, it is OK for this customer to drink at a safe pace.

YELLOW = CAUTION The customer is showing signs that the alcohol is beginning to affect them.

RED = STOP The customer is obviously intoxicated and no alcohol should be served.

If you observe a customer reaching the YELLOW level, you need to take steps so they don’t reach the RED level. The following are some steps you may take when a customer is in the YELLOW zone.

· Refill their glass at a slower rate.

· Serve one drink at a time; don’t bring two or three drinks at once to a single person.

· Offer or suggest the sale of protein food or appetizers. Do not offer coffee or other caffeinated drink; this may cover the true extent of the patron’s intoxication.

· Suggest low alcohol content or filling drinks such as ice cream drinks.

· Serve water or fruit juices with all straight drinks.

Despite all your good efforts, a customer may become intoxicated and should not be served additional alcohol. When a customer reaches the RED level, every effort should be made to stop alcohol service. Here are some suggestions to use when “cutting off” a customer.

· Avoid a confrontation.

· Do not attempt any physical confrontation.

· Make the manager and all personnel aware of the problem.

· Bring menus to the table or casually suggest an appetizer.

· Suggest an alternative form of transportation. If the patron insists on driving, report this to your supervisor at once.

SECTION XVIII. TERMINATION OF EMPLOYMENT

When an employee is terminated by reason of resignation, the supervisor shall notify the Executive Director.

Every effort will be made to conduct an exit interview for the purpose of determining the reasons for the employee leaving Ventana del Soul.

· Explain any COBRA benefits under Ventana del Soul’s group insurance plan.

· Recover employee’s keys if applicable or any other company property in the employee’s possession.

· Learn of any grievance or problems the employee may have with Ventana del Soul so that management can investigate possible solutions.

· Inquire as to any problems between the employee and the immediate supervisor, so that a similar situation can be avoided in the future.

· The Personnel Department will then initiate a Personnel Action Form documenting the separation and forward this to the Payroll Department.

SECTION XVIV. DISCRIMINATION POLICY

1. Policy Statement

1.1. It is the policy of Ventana del Soul to provide equality of opportunity in education and employment for all students and employees. Accordingly, Ventana del Soul does not practice or condone unlawful discrimination in any form against students, employees or applicants on the grounds of race, color, religion, creed, sex, national origin, age, disability, or veteran status. Nor does Ventana del Soul allow discrimination on the basis of sexual orientation1, with respect to internal matters that do not contravene federal or state law and that do not interfere with Ventana del Soul's relationships with outside organizations, including the federal government, the military, and private employers.

1.2. Discrimination based upon race, color, religion, creed, sex, national origin, age, disability, veteran status, or sexual orientation is in violation of federal and state law and Ventana del Soul policy, and will not be tolerated.

1.3. Retaliation against any person complaining of discrimination is in violation of federal and state law and Ventana del Soul policy, and will not be tolerated.

1.4. Ventana del Soul will respond promptly to all complaints of discrimination and retaliation. Violation of this policy can result in serious disciplinary action up to and including expulsion for students or discharge for employees.

1.5. Disciplinary action for violations of this policy will be the responsibility of the dean or director, supervisor, or Office of Student Conduct as may be appropriate in accordance with applicable procedures.

1.6. Ventana del Soul hereby affirms its desire to maintain a work environment for all employees and an academic environment for all faculty and students that is free from all forms of unlawful discrimination and free from discrimination which is otherwise prohibited by Ventana del Soul policy or regulation. Unlawful discrimination is completely incompatible with the values and goals of Ventana del Soul and will not be tolerated. Ventana del Soul strives to maintain an environment that supports and rewards individuals on the basis of such relevant factors as ability, merit and performance.

2. Definitions

2.1. Discrimination is unequal and unlawful treatment based upon race, color, religion, creed, sex, sexual orientation, national origin, age, disability, or veteran status.

2.2. Retaliation is conduct causing any interference, coercion, restraint or reprisal against a person complaining of discrimination or participating in the resolution of a complaint of discrimination.

2.3. Harassment is a form of discrimination.

3. Resolution Procedure

This matter deserves our careful attention and our shared commitment to ensuring Ventana del Soul remains free from discrimination and harassment in all aspects of its activities and operations. Any individual with a concern, grievance or complaint of discrimination or retaliation in employment or eductional programs and activities is encouraged to contact Ventana del Soul's Board of Directors: 512-707-7447 ext 201

 


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