Letters 10-24-2016

It’s Obama’s 1984 Several editions ago I concluded a short letter to the editor with an ominous rhetorical flourish: “Welcome to George Orwell’s 1984 and the grand opening of the Federal Department of Truth!” At the time I am sure most of the readers laughed off my comments as right-wing hyperbole. Shame on you for doubting me...

Gun Bans Don’t Work It is said that mass violence only happens in the USA. A lone gunman in a rubber boat, drifted ashore at a popular resort in Tunisia and randomly shot and killed 38 mostly British and Irish tourists. Tunisian gun laws, which are among the most restrictive in the world, didn’t stop this mass slaughter. And in January 2015, two armed men killed 11 and wounded 11 others in an attack on the French satirical magazine Charlie Hebdo. French gun laws didn’t stop these assassins...

Scripps’ Good Deed No good deed shall go unpunished! When Dan Scripps was the 101st District State Representative, he introduced legislation to prevent corporations from contaminating (e.g. fracking) or depleting (e.g. Nestle) Michigan’s water table for corporate profit. There are no property lines in the water table, and many of us depend on private wells for abundant, safe, clean water. In the subsequent election, Dan’s opponents ran a negative campaign almost solely on the misrepresentation that Dan’s good deed was a government takeover of your private water well...

Political Definitions As the time to vote draws near it’s a good time to check into what you stand for. According to Dictionary.com the meanings for liberal and conservative are as follows:

Liberal: Favorable to progress or reform as in political or religious affairs.

Conservative: Disposed to preserve existing conditions, institutions, etc., or to restore traditions and limit change...

Voting Takes A Month? Hurricane Matthew hit the Florida coast Oct. 6, over three weeks before Election Day. Bob Ross (Oct. 17th issue) posits that perhaps evacuation orders from Governor Scott may have had political motivations to diminish turnout and seems to praise Hillary Clinton’s call for Gov. Scott to extend Florida’s voter registration deadline due to evacuations...

Clinton Foundation Facts Does the Clinton Foundation really spend a mere 10 percent (per Mike Pence) or 20 percent (per Reince Priebus) of its money on charity? Not true. Charity Watch gives it an A rating (the same as it gives the NRA Foundation) and says it spends 88 percent on charitable causes, and 12 percent on overhead. Here is the source of the misunderstanding: The Foundation does give only a small percentage of its money to charitable organizations, but it spends far more money directly running a number of programs...

America Needs Change Trump supports our constitution, will appoint judges that will keep our freedoms safe. He supports the partial-birth ban; Hillary voted against it. Regardless of how you feel about Trump, critical issues are at stake. Trump will increase national security, monitor refugee admissions, endorse our vital military forces while fighting ISIS. Vice-presidential candidate Mike Pence will be an intelligent asset for the country. Hillary wants open borders, increased government regulation, and more demilitarization at a time when we need strong military defenses...

My Process For No I will be voting “no” on Prop 3 because I am supportive of the process that is in place to review and approve developments. I was on the Traverse City Planning Commission in the 1990s and gained an appreciation for all of the work that goes into a review. The staff reviews the project and makes a recommendation. The developer then makes a presentation, and fellow commissioners and the public can ask questions and make comments. By the end of the process, I knew how to vote for a project, up or down. This process then repeats itself at the City Commission...

Regarding Your Postcard If you received a “Vote No” postcard from StandUp TC, don’t believe their lies. Prop 3 is not illegal. It won’t cost city taxpayers thousands of dollars in legal bills or special elections. Prop 3 is about protecting our downtown -- not Munson, NMC or the Commons -- from a future of ugly skyscrapers that will diminish the very character of our downtown...

Vote Yes It has been suggested that a recall or re-election of current city staff and Traverse City Commission would work better than Prop 3. I disagree. A recall campaign is the most divisive, costly type of election possible. Prop 3, when passed, will allow all city residents an opportunity to vote on any proposed development over 60 feet tall at no cost to the taxpayer...

Yes Vote Explained A “yes” vote on Prop 3 will give Traverse City the right to vote on developments over 60 feet high. It doesn’t require votes on every future building, as incorrectly stated by a previous letter writer. If referendums are held during general elections, taxpayers pay nothing...

Beware Trump When the country you love have have served for 33 years is threatened, you have an obligation and a duty to speak out. Now is the time for all Americans to speak out against a possible Donald Trump presidency. During the past year Trump has been exposed as a pathological liar, a demagogue and a person who is totally unfit to assume the presidency of our already great country...

Picture Worth 1,000 Words Nobody disagrees with the need for affordable housing or that a certain level of density is dollar smart for TC. The issue is the proposed solution. If you haven’t already seen the architect’s rendition for the site, please Google “Pine Street Development Traverse City”...

Living Wage, Not Tall Buildings Our community deserves better than the StandUp TC “vote no” arguments. They are not truthful. Their yard signs say: “More Housing. Less Red Tape. Vote like you want your kids to live here.” The truth: More housing, but for whom? At what price..

Home · Articles · News · Features · Ticked off over tips
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Ticked off over tips

Anne Stanton - October 25th, 2010
Ticked-Off Over Tips
By Anne Stanton
A former teen employee of Kilwin’s said that the candy shop in
Traverse City takes most of the tips that are intended for the
workers, and has filed a lawsuit to get her money back.
“People were leaving tips, thinking they were going to the kids. Not
only were they ripping the kids off, they were deceiving the public.
That’s what really bothers me, “ said Marvin Hagelberg, who helped his
daughter file the suit.
Owner Mary Daily declined comment and referred questions to Traverse
City attorney Craig Elhart.
Elhart said that the employee is “absolutely” misrepresenting all the
facts and implied the employee was routinely tardy and a no-show for

Shayla Hagelberg, 18, said she worked for Kilwin’s this past summer,
her third summer at the candy store, which serves up tasty homemade
fudge, gigantic caramel apples, and ice cream cones to throngs of
Shayla now works at a different coffee shop near M-72. She said that
if her character or punctuality is challenged, she’ll bring up the
fact that she had a near perfect attendance at Traverse City West
Senior High, carried a 3.8 GPA, won numerous academic awards,
graduated summa cum laude, and was first chair cello in the school’s
orchestra. She plans to subpoena her time cards to prove her
punctuality at Kilwin’s.
Shayla’s experience at Kilwin’s soured earlier this year, when she
arrived a few minutes late to work on June 25, which she claims was
the first time ever. Co-owner Brian Daily allegedly became angry,
slammed the door in her face, and told her to wait in her car.
Hagelberg began crying and decided to quit, but co-owner Mary Daily
(Brian’s wife) showed up and eventually convinced her to stay,
promising a $250 bonus and a 50-cent raise if she worked until the end
of summer, but nothing was signed, according to the court filing.

Hagelberg said she received only a 35-cent raise and no bonus at the
end of summer despite working until August 20. When her father asked
Brian about the bonus, he allegedly said, “I’m an asshole. What are
you going to do about it?”
That, unsurprisingly, prompted Marvin to help his daughter file a
claim in small claims court. But the case recently went to 86th
District Court because the Dailys wanted to hire an attorney, the
likes of which are not allowed in small claims court.
That’s when Hagelberg decided to include the alleged tip shortage in
the lawsuit and to raise her ask from $300 to $2,700 plus interest,
fees, and attorney fees.
In a response filing, the couple said that Shayla forfeited her bonus
because she voluntarily quit. (Employees who worked through Labor Day
did get a bonus check.) The couple’s court filing also said that
Shayla received all the tips to which she’s entitled, and then, rather
contradictorily, added that Shayla was an hourly, at-will employee and
not entitled to any tips. It also said there “was no meeting of the
minds between” Hagelberg and Kilwin’s regarding a raise and bonus. And
no written contract.
Shayla said that her last day was August 20, just as she told the
Dailys early in the summer.  She got a new job that could provide more
hours, and said that Mary asked her to call if she had extra time to
work at Kilwin’s on the weekends. Shayla said she hadn’t called Mary
to work, but she also didn’t “quit” as alleged or pull a no-show.

Shayla said that Mary routinely collected the tips that customers left
in the two large glass jars that say, “Tips Thank You” and “Feeling
Tipsy?” Her standing promise to employees was to equally divide the
tips and pay a bonus at summer’s end. Shayla wrote in her filing that
the total tips, ranging from $30 to $100 each day, should have equated
to about $800 per employee. But her bonus checks for the first two
summers were only $50, she told Express.
Megan Thompson, who worked at Kilwin’s in the summer of 2008, agreed
that the tips came nowhere close to what she believes was left in the
tip jars. She said Kilwin’s paid her a bonus of $60 for her share of
tips at summer’s end, but it didn’t make sense. This past summer, for
example, she worked at a downtown coffee shop and typically made $60
in four days.
“And the coffee shop wasn’t nearly as busy as Kilwin’s. It really
didn’t add up, and the customers thought the money was going to us,
especially the older guys. They loved coming downtown and talking to
people at ice cream places. They’d always hand you a dollar and say,
‘Thank you honey,’ and you had to put it in the tip jar.”
Another former employee said that it would be far better if Kilwin’s
just split the tips up everyday like most restaurants do, instead of
paying them out as a bonus. That way  the
kids would know they were getting their fair share and that tips were
dispensed equitably among them.
Shayla is asking Kilwin’s to either eliminate the tip jar or start
giving all the money to the kids.
Shayla and the Kilwin owners were ordered to meet with a mediator. If
they fail to make nice, they will likely go before Judge Mike Haley in

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