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DD WARRIOR HANDBOOK FOR WARRIORS AND CHIEF WARRIORS A GUIDE TO EMPLOYMENT POLICIES AND PROCEDURES IN THE WORKPLACE CONFIDENTIAL GENGHIS GRILL PROPERTY

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Page 1: WARRIOR HANDBOOK - hralliance.net of Texas 03-12.pdfunderstand. It boils down to common courtesy and common sense. If a fellow Warrior is overloaded and you’re not, helping them

DD

WARRIOR

HANDBOOK

FOR WARRIORS

AND

CHIEF WARRIORS

A GUIDE TO EMPLOYMENT POLICIES AND

PROCEDURES IN THE WORKPLACE

CONFIDENTIAL – GENGHIS GRILL PROPERTY

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TABLE OF CONTENTS

TABLE OF CONTENTS ................................................................................................................. I

KEY DEFINITIONS ...................................................................................................................... III

OVERVIEW .................................................................................................................................. 1

INTRODUCTION TO GENGHIS GRILL ..................................................................................... 1

BRIEF HISTORY OF GENGHIS ................................................................................................... 2

MISSION STATEMENT................................................................................................................ 2

KULTURE AND PHILOSOPHY ................................................................................................... 3

CODE OF KHANDUCT ................................................................................................................ 4

EMPLOYMENT ........................................................................................................................... 7

EQUAL EMPLOYMENT OPPORTUNITIES ............................................................................... 7

ORIENTATION PERIOD .............................................................................................................. 7

EMPLOYMENT STATUS AND CLASSIFICATION .................................................................. 7

HARASSMENT, DISCRIMINATION AND/OR RETALIATION ............................................... 8

Discriminatory and/or Harassing Conduct Prohibited ................................................................ 8

Retaliation Prohibited ................................................................................................................. 9

Reporting Policy Violations ........................................................................................................ 9

The Investigation ...................................................................................................................... 10

EMPLOYMENT AT WILL .......................................................................................................... 10

COMPENSATION AND WORK HOURS ............................................................................... 11

PAYROLL CHECKS ................................................................................................................... 11

RECORDING TIME AND PAYROLL DEDUCTIONS .............................................................. 11

TIP REPORTING, TIP CREDIT AND TIP POOL ......................................................................... 12

SCHEDULES ............................................................................................................................... 13

CLOCK IN / OUT ......................................................................................................................... 14

ATTENDANCE ............................................................................................................................ 14

OVERTIME .................................................................................................................................. 15

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POLICIES AND PROCEDURES .............................................................................................. 15

VIOLENCE IN THE WORKPLACE ........................................................................................... 15

CRIME AND ROBBERY ............................................................................................................. 15

REPORTING UNSAFE CONDITIONS ...................................................................................... 15

WARRIOR UNIFORMS .............................................................................................................. 16

PERSONAL PROPERTY AND PERSONAL COMMUNICATION DEVICES ........................ 17

DRUG FREE WORKPLACE ....................................................................................................... 17

INFORMATION AND COMMUNICATION SYSTEMS ........................................................... 21

Use of Communication Systems ............................................................................................... 21

Monitoring, Inspection and Waiver of Privacy Rights ............................................................. 21

Prohibited Uses ......................................................................................................................... 21

MEDIA POLICY .......................................................................................................................... 22

SOCIAL MEDIA/NETWORKING POLICY ............................................................................... 22

OUTSIDE EMPLOYMENT ......................................................................................................... 23

EMPLOYMENT OF RELATIVES/SIGNIFICANT OTHERS .................................................... 24

INCLEMENT WEATHER ........................................................................................................... 24

CORPORATE KEYS ................................................................................................................... 24

EATING / DRINKING / SMOKING ............................................................................................ 25

FAN COMPLAINTS .................................................................................................................... 25

CERTIFICATIONS ...................................................................................................................... 25

CASH AND CREDIT / DEBIT CARD HANDLING ................................................................... 26

TELEPHONE COURTESY ......................................................................................................... 28

EVALUATIONS AND PROMOTIONS ...................................................................................... 28

TRANSFERS ................................................................................................................................ 28

SEPARATION FROM EMPLOYMENT ..................................................................................... 29

BENEFITS AND GUIDELINES ............................................................................................... 29

HOLIDAYS .................................................................................................................................. 29

VACATION DAYS ...................................................................................................................... 29

PERSONAL DAYS ...................................................................................................................... 30

HEALTH AND OTHER INSURANCE ....................................................................................... 30

MEALS ......................................................................................................................................... 30

PARKING ..................................................................................................................................... 30

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FAMILY AND MEDICAL LEAVE ............................................................................................. 30

OTHER LEAVES OF ABSENCE ................................................................................................ 34

WARRIOR RELATIONS .......................................................................................................... 35

OPEN DOOR POLICY ................................................................................................................. 35

BUSINESS RECORDS AND NON-DISCLOSURE OF CONFIDENTIAL INFORMATION ... 36

INSPECTION OF PROPERTY .................................................................................................... 36

TRAVEL AND BUSINESS EXPENSES ..................................................................................... 36

PERSONNEL RECORDS ............................................................................................................ 38

NON-SOLICITATION/NON DISTRIBUTION .......................................................................... 39

REFERENCES ............................................................................................................................. 39

STATE ADDENDUMS ......................................................... ERROR! BOOKMARK NOT DEFINED.

KEY DEFINITIONS

We use the following terms in this handbook:

FAN = Customer/Guest

WARRIOR = Hourly Employees

CHIEF WARRIOR = Store Managers

CORPORATE WARRIOR = Corporate Office Employees

FUTURE WARRIOR = Children under the age of 12

ALLIES = Vendors/Suppliers

ALL WARRIORS = Warriors, Chief Warriors and Corporate Warriors

ANY WARRIORS = Warriors, Chief Warriors and Corporate Warriors

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OVERVIEW

INTRODUCTION TO GENGHIS GRILL

Welcome to our Team!

Khangratulations and welcome to the Team of Genghis Grill-The Mongolian Stir

Fry. Our continued success in providing the highest quality food, beverages and service to our

Fans depends on having quality people like you join our Team. We want you to enjoy your time

here and are committed to helping you succeed in your new job.

This handbook is designed to help you understand Genghis Grill’s general policies regarding

employment and you are required to read it and at all times comply with its provisions. After

reading this handbook, keep it for future reference. This handbook contains only general

information and guidelines. It is not intended to be comprehensive or to address all the possible

applications, or exceptions to, the general policies and procedures described. For that reason any

questions should be directed to a Chief Warrior or the Human Resources Department in charge.

This handbook applies to all Warriors and Chief Warriors. All policies, practices, procedures,

and benefits of Genghis Grill, except for the Arbitration Agreement and the Non-Disclosure

Agreement, whether or not described in this handbook, may be changed, modified, or

discontinued by Genghis Grill at any time, without prior notice and with retroactive effect. From

time to time, this handbook may be amended. You are expected to review and comply with

amendments as they are issued.

Oral statements by Chief Warriors, Corporate Warriors or the owners concerning the conditions

of your employment will be superseded by the written policies that are the basis of this handbook

and will therefore not be contractual in nature unless approved in writing by an authorized

representative of Genghis Grill. At times and in some cases, the application of these policies

may be affected by present or future government regulations or state or local law.

The information and guidelines contained in this Warrior handbook supersede any prior versions

or any other Warrior handbook that may have been issued by Genghis Grill.

We are excited that you have joined us!

Sincerely,

The Genghis Grill Management Team

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BRIEF HISTORY OF GENGHIS

The Partners: At Genghis Grill, the Khanbinations are endless. The same holds true for the

operating principals and fearless entrepreneurs of The Chalak Group. The Chalak Group consists

of Al Bhakta, Chet Bhakta, Nik Bhakta and Ron Parikh, whose drive to explore the endless

possibilities led them from being one of the 1st franchisee groups to join the Genghis Grill brand

and to owning the concept and take it to what Genghis Grill is today-a segment leader when it

comes to Mongolian Barbecue. Each individual has a key role in the day to day operations of

Genghis Grill Franchise Concepts, LP. The Chalak Group has been involved in the Genghis Grill

system since its early days. They have seen the concept mature from its infancy to the strong

brand that it is today. The Chalak Group also owns and operates several of its own, successful

Genghis Grill restaurants in the Dallas/Fort Worth area in Texas.

The Birth of Genghis Grill: The Mongolian Stir Fry first opened its doors in Dallas in 1998. The

first location was an immediate success and the concept's founder started considering different

growth plans. Genghis Grill launched its franchise program in August of 2001, due in part to an

overwhelming amount of unsolicited interest in franchising the concept. The first several

franchises awarded were all through unsolicited interest by fans of Genghis Grill. The franchise

program has attracted interest from coast to coast in the United States and as far away as Hong

Kong and the Middle East. The Chalak Group under the banner, Genghis Grill Franchise

Concepts, LP acquired the Genghis Grill system in 2004. The Chalak Group encompasses a team

of young, intelligent, and focused entrepreneurs who also own and operate ALL Genghis Grill

locations in the Dallas/Fort Worth Metroplex. With their leadership, the future of Genghis Grill

is bright and promising.

Now, The Chalak Group and Genghis Grill have plans to open over 1000 stores by 2020. From

1970 to the 21st century …and now ready to KHANQUER THE WORLD!

MISSION STATEMENT

Our mission is to enrich the lives of our Fans, Warriors, Chief Warriors, Corporate Warriors and

owners. We accomplish this mission through superior quality food and beverages, legendary

customer service, sales growth, cost controls and treating our Warriors, Chief Warriors and

Corporate Warriors like family. We believe that our Warriors, Chief Warriors and Corporate

Warriors are the most important resource and our success depends on creating and retaining a

staff capable of delivering an exceptional dining experience to every Fan on every visit to

Genghis Grill-The Mongolian Stir Fry.

“IF FANS ARE GENUINELY NOT HAPPY,

GO ABOVE AND BEYOND TO MAKE SURE THEY LEAVE HAPPY.”

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KULTURE AND PHILOSOPHY

Genghis Grill – The Mongolian Stir Fry’s success depends upon our people. Our restaurant can

only prosper and provide opportunities for employment and growth when we continually

improve ourselves and the work we do. We recognize however, that success is not measured by

sales, customer counts and numbers alone. We are measured as much by the way in which we

achieve our goals, as we are by the actual achievements themselves. We believe that a

commitment to uncompromising values and integrity should always guide our decisions and

actions as we pursue our goals. Following are the core values that form the foundation of our

measurement of success.

WE BELIEVE IN PROVIDING LEGENDARY SERVICE. Our goal is to provide the kind of

unique and genuine sort of personal care and attention that our Fans tell stories about.

WE BELIEVE THAT GOOD IS NOT ENOUGH. We never stop trying to do it better, no matter

how good we are. We constantly strive to "raise the bar.”

WE BELIEVE IN HONESTY AND TRUST. We work to build trust with others in each and

every transaction and interaction, whether it’s with Fans or all of our Warriors. We recognize

that honesty and trust form the bond that holds organizations and relationships together.

WE BELIEVE IN ONGOING TRAINING AND DEVELOPMENT OF OUR PEOPLE. We see

it as a worthy investment in the future of the restaurant and as a way of enabling our Warriors to

achieve their potential in whatever they do. We are committed to the educational process. We

believe that learning should last a lifetime and the more we learn, the more we will know.

WE BELIEVE IN DOING BUSINESS IN A PROFESSIONAL AND ORDERLY MANNER.

We take great pride in having good systems, standardized procedures and being organized. This

handbook is the first step.

WE BELIEVE IN PUTTING OUR WARRIORS FIRST. Our Warriors, Chief Warriors and

Corporate Warriors are the foundation of this organization. When Genghis Grill puts its people

first, the results are spectacular and the service we offer our Fans shows it. Superior service

comes from the heart. We realize that our Fans will have a wonderful experience only when our

staff is truly happy.

THERE IS NO “I” IN TEAM. The value of an individual is never held higher than the value of

the team. For the team to function at its greatest potential, all individuals that comprise the team

must work in harmony. It is important that no individual disrupts the positive chemistry of the

team. TEAMWORK! – TEAMWORK! – TEAMWORK!

TEAMWORK = SUCCESS. We cannot achieve our goals and provide the highest levels of

service to our Fans without working together as a team. Teamwork is not a difficult concept to

understand. It boils down to common courtesy and common sense. If a fellow Warrior is

overloaded and you’re not, helping them in any way you can is an example of teamwork. It’s

only a matter of time before they will return the favor, though that’s not the main reason to help

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them. Pitching in to help a Fan, whether they are technically “yours” or not, is not just a good

idea; rather, it is the essence of teamwork and it impresses both your fellow Warriors and the

Fans who appreciate your assistance. If another Warrior hasn’t quite caught on to something and

you have, offer a suggestion to help them get the job done. Genuine teamwork makes for a much

more enjoyable and satisfying work experience for all Warriors and results in happier Fans.

ATTITUDE CREATES AMBIANCE. To preserve our great work environment, we strive to hire

upbeat and positive people from a variety of cultures and backgrounds. A positive attitude is an

approach to a way of life. It is a conscious choice and is the driving force behind exceptional

service. All Warriors are responsible for fostering an atmosphere that encourages positive

attitudes.

PROMOTION FROM WITHIN. We are committed to both Genghis Grill and personal growth.

We believe that without the growth of our Warriors, we too will become stagnant. Everything

changes around us and we intend to change with it, not to be left behind and forgotten. Please

Khantact your Chief Warrior for any growth opportunities.

CODE OF KHANDUCT

Genghis Grill is committed to maintaining its Kulture and Philosophy to ensure a pleasant, fun

and rewarding employment experience for all Warriors and an enjoyable and memorable dining

experience for its Fans. In furtherance of its Kulture and Philosophy, Genghis Grill maintains a

Code of Khanduct to help you understand the conduct expected of you, as well as conduct that is

inappropriate in our work environment. This Code of Khanduct is not intended to be all-

inclusive; rather, it is intended to provide guidance.

More specifically, Genghis Grill expects all Warriors to:

► Provide outstanding customer service and a great experience to our Fans.

► Comply with this handbook and all Genghis Grill policies, procedures and directives,

including, without limitation, the Discrimination, Harassment and Retaliation policy,

operations policies, and all other policies, procedures and practices.

► Treat all Warriors, Fans and Allies in a respectful and courteous manner.

► Maintain the confidentiality of Genghis Grill’s confidential information, such as recipes,

business strategies and the like.

► Comply with all safety practices, policies and procedures.

► Be on time and alert when scheduled to be at work.

► Be careful and conscientious in performance of duties.

► Comply with all food safety practices, policies and procedures mandated by the city, county,

state and federal jurisdictions.

► Immediately report workplace injuries to the Chief Warrior on Duty.

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► Accurately record all time worked, not tamper with or change time entries without prior

written approval from management and not clock in or out for other Warriors or Chief

Warriors.

► Accurately and timely report tips.

► Engage in the open door process to resolve any issues you may have.

► Maintain the quality and integrity of the food and beverages we serve.

► Comply with all alcohol related agencies rules, regulations, policies and requirements.

► Refrain from horseplay in the workplace.

Similarly, Genghis Grill prohibits all Warriors from engaging in misconduct which includes, but

is not limited to:

► Violating any policies, procedures or practices, including, but not limited to, failing to report

workplace accidents, harassment, and discrimination or retaliation concerns.

► Insubordination, such as refusing to comply with a Chief Warrior’s instruction, arguing in

front of customers and other, related conduct.

► Theft or unauthorized removal or possession of Genghis Grill, Warrior or Fans’ monies or

property.

► Falsifying Genghis Grill records, including employment applications, payroll records, reports

regarding absences, expenses, claims regarding workplace injuries, time records (including

clocking in or out for another Warrior), Aloha POS entries and any other records.

► Failing or otherwise refusing to cooperate in any workplace investigation.

► Making intentional misrepresentations of fact during any investigation.

► Sleeping on the job.

► Smoking on the job.

► Possessing, using, distributing, or reporting to work under the influence of illegal drugs or

reporting to work under the influence of alcohol.

► Creating, maintaining and/or failing to report an unsafe work environment. This includes

fighting.

► Tampering with any food or beverages.

► Failing to pay for your own meals and beverages.

► Disclosing or otherwise using, other than in connection with your employment with Genghis

Grill, any Genghis Grill confidential, sensitive and/or proprietary information.

► Negligently using Genghis Grill property or equipment.

► Engaging in threatening, intimidating, offensive or inappropriate verbal, non-verbal and/or

physical conduct, including, but not limited to, threats of violence.

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► Abandoning your shift without prior approval, absent a true emergency, such as, by way of

example only, an illness, injury or death in the family.

► Willful destruction, damage, theft, or defacing of Genghis Grill, Warrior, Fan or Ally

property or equipment.

► Improperly manipulating the Aloha POS system or any other software used by Genghis Grill.

► Excessive, unexcused absenteeism.

► Credit card or debit card theft or abuse, including any form of identity theft.

► Obscene, abusive, intimidating, disruptive, derogatory, stalking, or threatening

language/behavior towards anyone.

► Bringing obscene, pornographic, or other inappropriate materials onto company premises,

intentionally viewing inappropriate Internet sites or downloading inappropriate materials

from the Internet while on Genghis Grill premises, e-mailing offensive and/or disruptive

messages and/or attachments, or placing inappropriate materials on Genghis Grill computers.

► Conviction, while employed, of an unlawful offense related to the performance of job

responsibilities, acts of violence, dishonesty or moral turpitude.

► Failing to give adequate notice to a Chief Warrior/Supervisor of absence from work; which

includes leaving work early without prior approval.

► Failing to follow safety and sanitation rules and standards.

► Intentionally misrepresenting any leave, health or return to work status, or employment

status.

► Engaging in any type of conduct, verbal or otherwise, on or off duty, that reflects negatively

on Genghis Grill’s reputation or brand or has the impression of reflecting negatively on

Genghis Grill’s reputation or brand.

Failure to adhere to the handbook and related policies may result in disciplinary action up to and

including termination of employment. Genghis Grill may, in its sole discretion, suspend anyone,

with or without pay, for up to thirty (30) days, pending resolution of any claims of misconduct or

policy violations. If anyone who is suspended without pay is restored to employment, Genghis

Grill may choose, at its sole discretion, to reinstate with or without reimbursement for lost

wages. If a suspended Warrior, Chief Warrior or Corporate Warrior is terminated as a result of

the matter that initiated the suspension, and if the suspension was without pay, there will be no

reimbursement of lost wages.

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EMPLOYMENT

EQUAL EMPLOYMENT OPPORTUNITIES

Genghis Grill is an Equal Opportunity Employer and is committed to recruiting and retaining the

best qualified Warriors, Chief Warriors and Corporate Warriors who demonstrate the ability to

perform competently and work well with others. Discrimination based on race, color, religion,

sex, pregnancy, age, national origin, citizenship status, veteran status, physical or mental

disability, genetic information, or any other basis protected by law is prohibited by law and this

policy. This policy governs all aspects of employment, including selection, job assignment,

compensation, discipline, termination, and access to benefits and training and applies to all

employment decisions, including hiring, promotion, discharge, and other matters affecting terms

and conditions of employment.

Additionally, Genghis Grill will make reasonable accommodations for qualified individuals with

known disabilities unless doing so would result in undue hardship. If you believe you have a

disability requiring accommodation, it is your responsibility to notify management so that

possible accommodations may be explored.

ORIENTATION PERIOD

You have been through our Warrior selection process and we believe that you have the potential

to develop into a successful Warrior. We require that all Warriors and Chief Warriors complete

a 90-day orientation period to enable us to get to know one another, see how you adapt to your

new position and determine if you are willing and able to carry out the responsibilities for your

new job. During the orientation period you will begin your training and be observed by

management. We encourage you to ask questions and seek additional help from our

management staff if you feel you do not understand what is expected of you or think that you

need additional training. Your employment may be separated if you do not successfully

complete the orientation period or at any time during or following the orientation period at the

discretion of management.

EMPLOYMENT STATUS AND CLASSIFICATION

Orientation Period Warriors - Warriors who are in their orientation period.

Part-time Warriors - Warriors who work less than 32 hours per week.

Full-Time Warriors - Warriors who work at least 32 hours per week.

Hourly-Non-Exempt - Warriors in this classification include all Warriors covered by the

overtime provisions of the Fair Labor Standards Act (FLSA), and any applicable state wage and

hour laws. Hourly/non-exempt Warriors are entitled to time and one-half for all hours worked in

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excess of 40 hours in a work week and, in states with provisions for daily overtime premiums,

for hours worked in excess of the amount specified by applicable state law.

Salaried-Exempt - Warriors in this classification include all those classified as exempt from

the overtime provisions of the FLSA and any applicable state laws. It is our policy to comply

with the salary basis requirements of the FLSA. All Warriors in positions that meet the exempt

definition will normally be classified as salaried/exempt personnel; however, this determination

is made on a case-by-case basis and must be reviewed and approved by the Human Resources

Department in-charge at the corporate office.

Salaried-Non-Exempt - Warriors in this classification include all salaried Warriors classified

as non-exempt from the overtime provisions of the FLSA, or any applicable state wage and hour

laws. Salaried/non-exempt team members are entitled to time and one half for all hours worked

in excess of 40 hours in a work week and, in states with provisions for daily overtime premiums,

for hours worked in excess of the amount specified by applicable state law. This determination is

made on a case-by-case basis and must be reviewed and approved by the Human Resources

Department in-charge at the corporate office.

HARASSMENT, DISCRIMINATION AND/OR RETALIATION

Genghis Grill prohibits unlawful discrimination, harassment, retaliation, and other forms of

illegal or unethical conduct by any Warrior, Chief Warrior or Corporate Warrior against any Fan,

Warrior, Chief Warrior, Ally or anyone else. This policy sets forth examples of the types of

conduct prohibited by our policies, as well as procedures for handling questions or complaints.

Discriminatory and/or Harassing Conduct Prohibited

Genghis Grill prohibits any harassing or discriminating conduct because of race, color, religion,

sex, pregnancy, age, national origin, disability, veteran status, protected activity (such as

opposition to prohibited discrimination, refusal to commit an unlawful act, reporting an unlawful

act, or participation in the Company’s EEO/Employment complaint process) or any other basis

prohibited by law.

Sexual And Other Unlawful Harassment

Sexual and other forms of harassment come in many forms and can be directed against

males or females by fellow Warriors, Chief Warriors, Allies, Fans or other persons.

Genghis Grill expects all Warriors to act professionally at all times and to use the

EEO/Employment complaint procedure detailed below if he or she believes that

offensive conduct has occurred at Genghis Grill.

Prohibited conduct includes, but is not limited to, the following:

► Offensive, derogatory, inappropriate or abusive statements, assault, coercing,

comments, slurs or gestures;

► Mocking, ridiculing or mimicking another’s culture, sexual orientation, gender

specific traits, accent, appearance or customs;

► Epithets, slurs, insults, or negative stereotyping;

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► Writing or drawing graffiti anywhere on Genghis Grill premises;

► Posting written or graphic material that denigrates or shows hostility or aversion

toward an individual or group that is placed on walls, bulletin boards, or elsewhere on

premises or circulated in the workplace;

► Use of sexual or other epithets based on any protected category;

► The use of sexually suggestive language and other behavior that is offensive,

derogatory, inappropriate or abusive, including patting, pinching, whistling, or

rubbing;

► Conduct that interferes with job performance or creates an offensive or intimidating

work environment;

► Unwelcome flirtation, requests for sexual favors, sexual advances or propositions,

requests for “dates,” and other verbal or physical conduct of a sexual nature;

► Display of sexually suggestive or sexually explicit pictures (including cell phone

pictures), greeting cards, books, drawings, photographs, magazines, websites,

cartoons or objects;

► Circulation of e-mails, jokes, inappropriate “texts”, or other materials that reasonably

could be viewed as offensive by any Warrior; which includes in any electronic format

from a cell phone or PDA

► Implying, by words or actions, that a Warrior must tolerate or submit to sexual

advances or offensive, inappropriate, or abusive conduct.

Other Illegal or Unethical Conduct Prohibited

Genghis Grill is committed to the highest regard for law and ethics. Illegal or unethical

conduct of any type is prohibited. If you believe that anyone (Chief Warrior, Warrior,

Corporate Warrior, etc.) has asked or instructed you to commit an illegal or unethical act,

or if you believe you are being retaliated against for refusing to do so, you should report

this immediately to your Chief Warrior or Human Resources in Charge at the Corporate

Office. Genghis Grill prohibits any Warrior from engaging in any illegal or unethical

conduct or asking or instructing another to do so. Further, if any Fan or Ally engages in

illegal or unethical activity, or asks you to do so, this should also be reported.

Retaliation Prohibited

Genghis Grill prohibits retaliation against anyone who makes a good faith complaint or report

under this policy, participates in an investigation of a complaint under this policy or who

otherwise acts to enforce or uphold this policy. If you believe you are being retaliated against in

violation of this policy, you should immediately report it.

Reporting Policy Violations

If you have been subject to or are otherwise aware of any conduct which is offensive, harassing

or discriminatory based upon one’s race, color, religion, gender, pregnancy, age, national origin,

disability, veteran status or other protected category, whether involving fellow Warriors, Chief

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Warriors, Corporate Warriors, Fans, Allies or others, you should timely report the matter, even if

you are not the recipient or target of the conduct and even if you are unsure whether the conduct

would violate this policy. You should report all incidents of discrimination, harassment,

retaliation, illegal or unethical conduct directed at you or another person, regardless of the

offender’s identity or position.

The report of suspected violations should be made to your Chief Warrior, to the Owners or to the

Human Resources Department in-charge at the corporate office. You can also report any

potential violations by calling (214)774-4240 x155 or toll free at (888) 436-4447 x155 or e-

mailing your complaint to [email protected]. At a minimum, your report

should identify the details of the complaint, the date of the incident(s) at issue, the names of the

persons involved, your name and the names of any witnesses.

The Investigation

Genghis Grill will promptly investigate all complaints, including interviewing the complainant

and the alleged harasser where possible. A Warrior, Chief Warrior or Corporate Warrior may be

suspended, with or without pay, pending the results of the investigation. The investigation may

include interviews with Warriors and others who may have relevant information. All Warriors

are expected to cooperate fully and provide all relevant information concerning the investigation.

Failure to cooperate fully with an internal investigation may result in disciplinary action up to and

including discharge from employment. Knowingly making false allegations is a serious act of

misconduct subject to corrective action, including termination.

We will maintain confidentiality of the complaint, the investigations and the result to the extent

possible, and we will instruct everyone contacted during the investigation to do so as well. The

complaining party and any accused will be given full opportunity to present their views and will

be advised of the results of the investigation.

If the investigation supports the complaint, Genghis Grill will take appropriate disciplinary

action, up to and including termination. The goal of any disciplinary action taken will be to stop

the harassment and avoid its repetition. The discipline may vary depending on the severity of the

harassment, the alleged harasser’s employment history and any prior complaints of similar

harassment. Appropriate disciplinary measures include suspension, counseling, transfer,

demotion or discharge. Regardless of the outcome of the investigation, Genghis Grill will not

tolerate any retaliation against any Warrior, Chief Warrior or Corporate Warrior for participating

in the investigation of or making an allegation of harassment.

EMPLOYMENT AT WILL

All Warriors and Chief Warriors are employed at-will and this handbook does not create a

contract of employment. Unless you have an individual written employment agreement for a

definite period of time that is signed by you and an authorized Genghis Grill representative, your

employment may be terminated by you or Genghis Grill at any time, for any reason not

prohibited by law, with or without cause and with or without notice. Absent such an agreement,

the only contract between you and Genghis Grill, other than your separately signed Arbitration

Agreement and Non-Disclosure Agreement, is the agreement that your employment is at-will.

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COMPENSATION AND WORK HOURS

PAYROLL CHECKS

Paychecks are available at the restaurant and at the corporate offices every other Monday. Due

to unforeseen circumstances checks may arrive early on the preceding Friday. Unless you

provide your Chief Warrior with advanced written notice of a family member coming to pick up

your check, you may pick up your check during non-peak hours. Non-peak hours are between

2:00pm and 5:00pm. You must notify us with permission to give your check out to whoever will

be picking it up. They must be prepared to show their identification to us before issuing the

check.

If you have questions regarding your payroll check, please contact your direct Chief Warrior or

your Human Resource Department in-charge at the corporate office.

RECORDING TIME AND PAYROLL DEDUCTIONS

Non-Exempt Warriors - Non-exempt Warriors will be paid only for actual hours worked

unless they receive benefits under any other Genghis Grill policies. All hours of work must be

accurately recorded. Working “off the clock” is against the law and a violation of Genghis Grill

policy. If you have been instructed to work off the clock by anyone, you must report this matter

immediately to management.

Exempt Warriors - Exempt Chief Warriors are paid on a salary basis and, with certain

exceptions, must be paid their full salary for any week in which they perform work. An exempt

Warrior’s pay may be reduced in the following circumstances:

► Chief Warriors who are absent for at least a full day because of sickness or disability will not

be paid for that day if they are eligible for benefits under Genghis Grill’s policies. Their pay

will not be reduced if they are absent for less than a full day because of sickness or disability.

► Chief Warriors who take leave under the Family and Medical Leave Act (FMLA – defined

later in the handbook) will not be paid for that time unless they have accrued benefits under

any Genghis Grill policy which runs concurrent with the FMLA leave. Pursuant to the

FMLA’s intermittent leave policy, pay of Warriors on FMLA leave will be reduced by the

hours missed even if it is less than a full day.

► Chief Warriors may be suspended without pay for certain other types of workplace

misconduct, but only in full-day increments. The reduction in pay will be proportionate to

the number of days suspended.

► Chief Warriors who work less than 40 hours during their first or last week of employment

will be paid a proportionate part of their full salary for the time actually worked, provided a

written two weeks notice is given.

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Payroll Deductions-Upon receiving your first check you will notice some standard deductions

that are required by law. These deductions may include the following:

► Federal and State Taxes

► Social Security Taxes

► Garnishment Governed by Law, such as Child Support Payments, Student Loans or Tax

Levies

These garnishments will only be deducted from your check by state or federal documentation.

Optional Deductions-During your course of employment, Chief Warriors may acquire certain

benefits. Upon receiving those benefits, their might be a cost associated at the expense of the

Chief Warrior. Those expenses can be deducted out of their check only with written consent.

These deductions may include the following:

► Health Insurance Premiums

► Dental Insurance Premiums

► Retirement Plan-401(k)

► Charitable Contributions

► Miscellaneous/Other

TIP REPORTING, TIP CREDIT and TIP POOL

Federal and state taxation laws mandate Warriors to report all income received from their work.

All tips you receive, whether in cash or included in a credit card transaction, are taxable income

to you and must be timely and accurately recorded. You are required by law and by this policy

to report and record your actual tips for each shift.

Genghis Grill requires that all restaurants pay their non-exempt Warriors at least minimum wage.

For Warriors who receive tips, the restaurant uses a tip credit which allows for tip income to

count towards the federal minimum wage unless otherwise prohibited by law.

Genghis Grill also requires that this Tip Reporting & Tip-Pool Policy be made available to all

Warriors and that the Tip Reporting & Tip-Pool Policy is explained to all new Warriors as part

of new-Warrior orientation. Genghis Grill does not allow Chief Warriors, Corporate Warriors or

owners to participate in the tip-pool program.

At the end of each shift, tipped Warriors must disclose on the Aloha POS the amount of credit

card tips and total tips, less any tips shared with any other Warriors. Your tips will be recorded

and reflected in the total tips section on your paycheck stub. Endorsement of your paycheck

indicates that you acknowledge that your tip information on the stub is accurate and correct.

It is your responsibility to comply with Internal Revenue Service (IRS) requirements of reporting

all of your tip income. While you are responsible for reporting all of your tip income, the

restaurant may be required to allocate additional tip income to any tipped Warrior that does not

declare at least 8% of their gross sales as tip income.

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Genghis Grill has a mandatory tip pool policy. The tip-out, based on gross, daily sales for each

server, is:

► 1.5% Busser

► 1% Bartender

► .75% Hostess

► .75% Khan’s Koach

Anyone subject to the tip-out who does not work on any particular day is not permitted to

participate in the tip pool for that day. The Aloha POS will automatically calculate these

amounts when you process your checkout at the end of your shift. By law, all tipped Warriors

are required to report 100% of tips on a daily basis before clocking out, and this includes

Warriors who receive tips as part of the tip pool. This also includes any tips received from other

Warriors in the normal course of your job. Tips are taxable income and Genghis Grill will report

declared tips to the IRS.

As an additional matter, tips are an important indicator of a customer’s satisfaction with the

service that they received from a Warrior. Accordingly, Genghis Grill will monitor the tips

declared by each Warrior, in part, to measure and evaluate his or her service performance and to

ensure proper reporting of income.

Warriors may be disciplined, up to and including termination, for claiming less than the amount

established by documentation and other data and information, depending on the severity of the

violation.

The U.S. Department of Labor amended its tip credit notice regulations, effective May 5, 2011,

to require employers to inform tipped employees of certain tip credit information. You will

receive and sign a document at the end of this Handbook that outlines the specific dollar amounts

and required information that pertains to your position. The tipped credit permits an employer to

take a tip credit toward its minimum wage obligation for tipped employees equal to the

difference between the required cash wage and the federal minimum wage. The tip credit

claimed by the employer cannot exceed the amount of tips actually received by the tipped

employee. Assuming you have received a sufficient amount of tips to cover the tip credit, the

amount of your tips per hour to be credited as wages will be the difference of the current hourly

minimum wage less the current tipped hourly wage. You have the right to retain all the tips you

receive, except for a valid tip pooling arrangement limited to employees who customarily and

regularly receive tips. The tip credit will not apply to any tipped employee unless the employee

has been informed of these tip credit provisions. If you have questions on the tip credit, please

see your manager.

SCHEDULES

Schedules are prepared to meet the work demands of the restaurant. As the work demands

change, management reserves the right to adjust working hours and shifts. Schedules are posted

weekly on Wednesday. All Warriors and Chief Warriors are responsible for working their

scheduled shifts.

You should arrive for your shift with enough time to make sure you’re ready to work when your

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shift begins. You should clock in when your shift begins and be ready to start work immediately.

Warriors must enter and exit through the front door during business hours – not the back door.

Emergency absences will be considered excusable only if the Warrior contacts the Chief Warrior

as soon as possible prior to the shift (minimum 2 hour notice where possible), and the reason is

valid. Failure to do so may result in disciplinary action up to and including termination.

Likewise, Warriors who fail to report for two scheduled shifts (no call/no show) will be

considered to have abandoned their job and voluntarily quit.

Workweek: according to the current Genghis Grill pay schedule, a workweek is defined as 5:00

a.m. Monday through 4:59 a.m. on Monday of the following week. The actual days worked by

each individual Warrior will vary.

Schedule Request Forms: if you need to change your schedule, please fill out a Schedule Request

Form available from a Chief Warrior. This is a request. It is up to the Chief Warrior to see if

he/she can fulfill your request. Genghis Grill cannot guarantee that your schedule request can be

made. Requests for schedule changes are based on a first-come, first-served basis.

CLOCK IN / OUT

You will be clocking in and out using the Aloha POS time clock. You will be given a personal

code for which you will be responsible. This code will allow you to clock in five (5) minutes

prior to your scheduled shift and you must clock out no later than five (5) minutes after the end

of your scheduled shift, unless otherwise approved by your Chief Warrior.

ATTENDANCE

Attendance is important for our business to function and to ensure the best experience for our

Fans. Excessive, unexcused absenteeism may result in disciplinary action, up to and including

termination. Genghis Grill requires the following:

► If you are going to be late or miss work, you are expected to contact your Chief Warrior and

advise of the situation. Warriors and Chief Warriors are expected to call and talk to their

direct Chief Warrior at least two (2) hours before they are scheduled to work if they will be

late or miss work.

► Any Warrior or Chief Warrior who does not report to work for two (2) shifts without

sufficient explanation will be considered to have voluntarily resigned from employment with

Genghis Grill.

► Prior to taking a leave of absence, you are required to submit a Warrior Leave Request Form

to your Chief Warrior and receive written approval for the leave. In the event that the

policies in this handbook require additional leave forms (such as the Family and Medical

Leave policy), you will be expected to comply with those policies as well.

► Warrior Leave Requests should be submitted at least two (2) weeks prior to the scheduled

leave date where possible.

► Warriors and Chief Warriors returning from any type of leave due to a medical condition

must present a fitness for duty certification.

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► Any Warrior or Chief Warrior who fails to return to work following the expiration of a penal

or other leave of absence will be deemed to have abandoned his or her job unless he or she

has provided a satisfactory reason to management.

► The requirements of this Attendance Policy are subject to and may be modified by

emergency situations or otherwise at the discretion of management.

OVERTIME

Due to the nature of our business, we do not anticipate that Warriors will regularly work

overtime. Genghis Grill requires that all non-exempt Warriors obtain written approval from

management prior to working overtime. Failure to obtain advance written approval may result in

disciplinary action, up to and including termination.

POLICIES AND PROCEDURES

VIOLENCE IN THE WORKPLACE

Genghis Grill promotes a safe environment and prohibits violence against Warriors, Fans, Allies

and the general public. Threats, threatening behavior or acts of violence against and by anyone

on Genghis Grill property will not be tolerated. Genghis Grill also forbids any Warrior, Fan, or

Ally, to bring any weapons into the workplace. Violations of this policy may lead to disciplinary

action, which could include dismissal, arrest and prosecution, or all of the above.

CRIME AND ROBBERY

If you are ever involved in a robbery at work, do not resist. Statistics show that people, who

resist, are three times more likely to be injured than people who do not resist. The safety of you,

your fellow Warriors and Fans are our highest priority. Don’t be a hero. Always cooperate fully

and do not resist! Call 911 as soon as it is safe to do so.

REPORTING UNSAFE CONDITIONS

It is important to us and to our Fans and Allies that you are alert to unsafe, hazardous conditions.

All Warriors are responsible for maintaining a clean, safe work area. Failure to do so may result

in disciplinary action. All Warriors are also required to promptly report unsafe conditions to

Chief Warriors or anyone else in management and shall not be subject to retaliation.

Genghis Grill is a subscriber to workers’ compensation insurance. All Warriors should

understand, however, that they may be disqualified from receiving workers’ compensation

insurance benefits under applicable law if, by way of example only, their injury occurred while

they were in a state of intoxication or was caused by the Warrior’s willful attempt to injure

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himself or herself or to unlawfully injure another person or failure to report injury in a timely

manner.

All Warriors are required to immediately report all accidents, no matter how minor, and

emergencies, to management. In the event a Chief Warrior is unavailable please call the

corporate office at 1-888-436-4447. Failure to do so may result in disciplinary action up to and

including termination. Genghis Grill is a subscriber to workers’ compensation insurance. Please

direct any questions about workers’ compensation benefits to the Human Resources Department

in charge at the corporate office.

WARRIOR UNIFORMS

The way we wear our uniforms to work is a reflection of the pride we have in ourselves and

Genghis Grill. Each Warrior should be well groomed and present a positive self-image to

customers, members of the public, and industry representatives.

Because it’s important to keep everyone consistent throughout the restaurant, we require

Warriors to adhere to all uniform policies at all times. Warriors must show up to work in proper

uniform. If you do not, you will be sent home without pay to change. Should you have any

questions regarding this policy, please refer to the poster located in the restaurant.

Please remember the following:

► Warriors are expected to provide a neat, acceptable appearance at all times during the

workday. Clothing must be clean, stain free, well pressed and in good repair.

The uniform consists of:

A clean Genghis Grill T-Shirt/Polo, which must be tucked in, and Hat or

Apron (if hat or apron is applicable)– Employer Provided

Any warrior wearing a baby tee must wear a black undershirt, to

prevent any skin from being shown.

If you choose to wear an undershirt, it must be black and short-sleeved.

Only approved long sleeve Genghis Grill Shirts may be worn.

Clean BASIC Form fitting Blue Jeans. All blue jeans must be

rip/hole/stain/jewelry/design FREE. Skinny Jeans and Long Jeans maybe

be worn as long as it creates a professional look.

Solid BASIC Black Belt. All belts need to be stud/jewelry/design FREE.

Proper, safe work non-slip shoes are expected at all times. Shoes must be

solid black. Open-toe style shoes are not permitted.

Black socks or stockings must be worn at all times.

► Use of jewelry is restricted to allow for wedding or engagement rings so it will not pose any

safety risks. Watches are only allowed in the FOH for Food Safety Reasons. All necklaces

must be tucked in. Only one inch hoop earrings may be worn. Gauge earrings are allowed as

long as it does NOT exceed ¼ inch and they must be black or clear. No facial piercings may

be worn, including retainers.

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► Proper personal hygiene, including daily bathing, use of deodorant and clean teeth, as well as

attention to cleanliness while at work is expected at all times.

► No fake fingernails or long fingernails will be tolertated. Only clear nail polish is permitted.

► All visible tattoos must be covered, or a long sleeve Genghis Grill T-Shirt must be

purchased.

► Warriors are instructed on proper product handling techniques and required to follow

company and federal and state food handling regulations.

► Warriors must wash hands prior to shift start, after breaks, and after doing anything other

than preparing food.

► Warriors should be aware of and avoid unsanitary work habits, such as biting on nails,

touching any area of the face hair or scratching the head or body.

► Cologne and/or perfume should be worn sparingly.

► Hair, highlights, goatees and mustaches should be clean, combed and controlled, and must be

of a natural color. No beards will be allowed. Hair must be restrained and should be off the

collar and pulled back if long. Hair nets are required in the BOH, underneath all hats.

► Make-up should be worn sparingly and in good taste and of natural color.

PERSONAL PROPERTY AND PERSONAL COMMUNICATION

DEVICES

Warriors and Chief Warriors are prohibited from bringing any personal property to the restaurant

during work time due to the lack of storage and the potential for loss, destruction or distraction.

Likewise, please do not bring any personal communication devices with you to work. This

includes cell phones, PDAs, megaphones, pagers, palm pilots, MP3 players, instant messaging

units, etc. All of these items need to be left at home, or secured and out-of-sight in your

automobile. Genghis Grill is not responsible for lost, stolen, or damaged personal property.

DRUG FREE WORKPLACE

Genghis Grill will not tolerate possession/use/abuse of any controlled substance on its premises.

Any Warriors and/or Chief Warriors reporting for work under the influence of alcohol or

controlled drugs, will be asked to leave immediately. Under these circumstances, assistance will

be provided to ensure that the Warrior arrives home safely. Any Warriors and/or Chief Warriors

who report to work under the influence of alcohol or drugs risk disciplinary action up to and

including termination.

Genghis Grill understands Warriors and applicants under a physician’s care may be required to

use prescription drugs, such as those prescribed drugs and over-the-counter drugs which have

been legally obtained and are being used solely for the purpose for which and by the person for

whom they were prescribed or manufactured; however, unlawful work-related abuse of

prescribed medications will be dealt with in the same manner as the work-related abuse of Illegal

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Substances, which are defined as drugs, or the synthetic or generic equivalent of drugs which are

illegal under federal, state or local laws, including but not limited to, marijuana, heroin, hashish,

cocaine, hallucinogens, depressants and stimulants not prescribed for the current medical

treatment by an accredited physician and any other drug-like substance, the use, possession or

sale of which is unlawful. It also includes any legal drug which is being used in a manner or for

a purpose other than as prescribed or labeled. This includes inhalants. Genghis Grill reserves the

right to have Warriors and Chief Warriors to be drug tested at any time.

Warriors and/or Chief Warriors who are convicted of illegal drug-related violations under state

or federal law, or who plead guilty or no contest to such charges, which may impact their

performance in the workplace, must inform Genghis Grill within five (5) days of such conviction

or plea. Failure to do so will result in disciplinary action up to and including termination from

employment for a first offense.

Any Warrior or Chief Warrior who brings onto Genghis Grill’s premises or property, has

possession of, is under the influence of, or possesses in the Warrior’s body, blood or urine in any

detectable amount, or uses, consumes, transfers, sells or attempts to sell or transfer any form of

Illegal Substances as defined above while on Genghis Grill business or at any time during the

hours between the beginning and ending of the Warrior’s work day, and whether on Genghis

Grill business, property or not, is subject to disciplinary action up to and including discharge or

suspension without pay from employment, even for the first offense.

A Warrior or Chief Warrior who is under the influence of alcoholic beverages at any time while

engaged to perform Genghis Grill business is subject to discipline up to and including discharge

or suspension without pay from employment, even for the first offense. Genghis Grill-sponsored

activities which may include the service of alcoholic beverages are not included in this provision;

however, at such events, Warrior and Chief Warriors are required to exercise good discretion and

judgment, and Genghis Grill does not encourage alcohol consumption at any after-hours business

and/or social activities. A Warrior shall be determined to be under the influence of alcohol if: (a)

the Warrior’s normal facilities are impaired due to consumption of alcohol; or (b) the Warrior

has a blood alcohol level of .04 or higher.

Applicants and Employees Subject to Testing: Applicants for employment by Genghis Grill and

all employees who are offered a conditional promotion will be subject to testing.

Confidentiality: Information regarding test results will be treated as confidential. In that regard,

Genghis Grill will attempt to provide it only to persons within the Company with the need to

know.

Circumstances Under Which Testing May be Requested or Required: All of the following may

be required to submit to drug testing:

► Applicants who have been given a conditional offer of employment.

► Current Warriors and/or Chief Warriors who have been given a conditional offer of

promotion.

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► Suspected use, possession or sale of illegal drugs.

► Warriors and/or Chief Warriors who exhibit aberrant or reckless behavior.

► Warriors and/or Chief Warriors suspected of abusing or misusing legal drugs or medications.

► Warriors and/or Chief Warriors involved in an on-the-job accident.

Warriors and/or Chief Warriors may be required to submit alcohol testing under the following

circumstances:

► Suspected use of alcohol during working hours.

► Warriors and/or Chief Warriors who exhibit aberrant or reckless behavior.

► Warriors and/or Chief Warriors involved in an on-the-job accident.

Substances Which May Be Tested: Tests conducted under this policy may include: Illegal

Substances, which are defined as drugs, or the synthetic or generic equivalent of drugs which are

illegal under federal, state or local laws, including but not limited to, marijuana, heroin, hashish,

cocaine, hallucinogens, depressants and stimulants not prescribed for the current medical

treatment by an accredited physician and any other drug-like substance, the use, possession or

sale of which is unlawful. It also includes any legal drug which is being used in a manner or for

a purpose other than as prescribed or labeled.

Testing Methods and Collection Procedures to be Used:

Drugs: Urinalysis is the method employed for testing for the presence of drugs. The urine

sample will be taken at an office designated by Genghis Grill under controlled conditions. The

specimen will then be tested at a laboratory chosen by Genghis Grill for a screening test. If the

results of that screening test are positive, a confirmation test will be performed to corroborate the

results of the screening test. The results of the confirmation test are controlling.

The laboratory will retain for a period of one year a portion of all specimens which test positive.

Any team member whom tests positive may have a test performed upon the retained portion of

the specimen at the team members expense. Genghis Grill shall retain control of the specimen at

all times, including transportation to and from the approved retesting laboratory.

If a sample is tested and is found to be diluted or if it appears that any kind of tampering of the

sample may have occurred, the individual may be required to provide another sample, and

management reserves the right, in order to get a valid sample, to require the visual observation

and confirmation of the taking of the sample. Should the individual be caught diluting a sample

or tampering with a sample, the individual will not receive any further employment consideration

and if the individual is an employee, that individual may be discharged and denied re-

employment opportunities.

Consideration will be given to the results of the retest. However, those results are not binding

upon Genghis Grill.

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Alcohol: Breath, saliva and/or blood serum testing will be the methods employed for testing for

the presence of alcohol. A saliva or breath specimen will first be obtained from the team

member or applicant, and a test will be performed. If the results are positive, the individual will

be required to provide a blood serum specimen for a confirmation test. The results of the

confirmation test are controlling.

Consequences of Refusing to Undergo Testing: Failure to submit to any required medical or

physical examinations or tests constitutes misconduct and may result in discharge or suspension

without pay from employment.

Potential Adverse Personnel Action Which May Be Taken as a Result of a Positive Test:

Drugs: A positive test result occurs when the initial screening or the confirmation test indicates

the presence of the drug(s) for which the test was conducted. A positive test result is a violation

of Company policy. If the team member test positive for a substance for which the team member

could have a valid explanation (i.e., a legal drug), Genghis Grill will request the team member to

provide an explanation for the positive test result, including, but not limited to, documents or a

container demonstrating a current and valid prescription from a physician for the drug or

medication which caused the positive test result. After consideration of the team member's

explanation, if Genghis Grill determines that the team member had a valid explanation for the

positive test result, (i.e., the team member was taking a legal drug), Genghis Grill will consider

the test result as negative. Genghis Grill nevertheless retains the right to ensure that the team

member is capable of performing the essential functions of the position (with or without an

accommodation) and that the team member's use of the drug or medication does not constitute a

direct threat of harm to the team member or others.

A negative test result occurs when either the initial screening or the confirmation test indicates

the absence the drug(s) for which the test was conducted.

Alcohol: A positive test result occurs when both the breath/saliva and the blood serum tests

indicate the presence of alcohol equal to or greater than .040%. A positive test result is violation

of Company policy.

A negative test result occurs when either the breath/saliva test or the blood serum test indicates

the presence of alcohol at less than .040%.

The Rights of an Applicant and Warrior to Explain, in Confidence, the Test Results; Available

Appeal Procedures, Remedies and Sanctions: Any Warrior or Chief Warrior who tests positive

following any tests administered pursuant to this policy shall have the opportunity to explain the

results to his or her immediate supervisor, either in writing or in person, either prior to or after

receiving notice of any adverse employment action that may occur.

The Rights of an Applicant and Warrior to Obtain All Information and Records Related to that

Individual’s Testing: Any Warrior or Chief Warrior who is tested pursuant to this policy shall

have the right to obtain all information and records maintained by Genghis Grill relative to such

tests. To the extent such information and records may be under the control of third-parties, the

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Warrior or Chief Warrior is responsible for any costs incurred to obtain such information and

records.

Confidentiality Requirements: Information regarding all aspects of suspected violations of this

policy, the fact that tests have been conducted, the results of such tests, and the Employee’s

explanation of same will be treated as confidential to the extent practical. In that regard Genghis

Grill will attempt to provide such information only to persons within the Company with the need

to know.

INFORMATION AND COMMUNICATION SYSTEMS

Use of Communication Systems This policy applies to all Genghis Grill-provided information and communication

systems (such as telephones, voice mail, facsimile, cell phones, personal digital assistant (PDAs),

pagers and computer systems), and all information that is created, accessed, distributed, recorded

and/or stored with the use of those systems.

Monitoring, Inspection and Waiver of Privacy Rights While limited personal use of Genghis Grill-provided communication systems is permitted, you

have no privacy rights in your personal use of our communication systems. Genghis Grill has

the right to monitor and inspect all information on and/or usage of any Genghis Grill-provided

communication system at any time, for any reason and without further notice.

Available technology allows the review of e-mails sent or received (even after they are deleted)

and review of Internet web sites viewed by all Warriors. If you want personal information

and/or personal use to be private, then do not use our communication systems and tell your

friends not to deliver private information to you at work and/or by use of our communication

systems. Also, your personal use should not interfere with your job performance or violate any

policies in this handbook.

Genghis Grill may conduct video surveillance of its premises in public areas (all areas except

restrooms) and may also monitor telephone calls periodically to ensure compliance with our

policies.

Prohibited Uses You may use our communication systems only in a manner that complies with Genghis Grill

polices. For example, you are prohibited from any use of our communication systems that:

► Violates our policies relating to harassment, discrimination, retaliation, illegal conduct,

unethical conduct and violence. Examples include, but are not limited to, viewing or sending

sexually, racially or other inappropriate materials, entering chat rooms or dating websites or

downloading unethical or other inappropriate materials.

► Discloses any confidential, trade secret and/or other privileged information to any

unauthorized person.

► Violates any license or copyright laws.

► Interferes with job performance.

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► Creates a conflict of interest.

► Adversely affects the interests of Genghis Grill.

MEDIA POLICY

Genghis Grill’s media policy is that all media inquiries must be directed to the Marketing

Department in-charge at the corporate office for review and response. Such inquiries may

include newspaper, TV and radio news requests, as well as requests for photographs to publish or

otherwise share in any medium (other than pictures taken by Fans or others at the restaurant for

purely personal use). This policy applies regardless of the inquiry topic, which may include

general matters related to our cuisine, restaurant operations, products and services and/or general

company or crisis information. Please note that filming requests (i.e., TV shows, movies,

documentaries and commercials) are also included within this policy and must be directed to the

Marketing Department in-charge at the corporate office (214-774-4240).

You should not represent yourself as a Genghis Grill “official” or “spokesperson” or

communicate with members of the media or in any public medium – including online forums and

newsgroups –regarding matters that relate to Genghis Grill, our business or our Fans without

express authorization from the Marketing Department in-charge at the corporate office.

SOCIAL MEDIA/NETWORKING POLICY

Personal web sites and web logs have become prevalent methods of self-expression in our

culture. Genghis Grill respects the right of its Warriors and Chief Warriors to use these mediums

during their personal time. This policy applies to all Warriors and Chief Warriors who make web

postings that affect Genghis Grill, any Warriors, Fans, Allies, Future Warriors, competitors and

the general public, both during and post-employment. Any Warrior or Chief Warrior who makes

anonymous web postings is also responsible for complying with this policy.

Web postings include personal web sites, web logs (“blogs”), multi-media and social networking

websites including, but not limited to, MySpace, Facebook, YouTube, LinkedIn and Twitter, and

Wikis such as Wikipedia and any other sites or medium where text, photographs, links and other

information or documentation can be posted, viewed and/or downloaded.

Pursuant to this policy:

► All Warriors, Chief Warriors and Corporate Warriors are personally responsible for their web

postings and solely liable for web postings that are defamatory, invade privacy, are harassing,

retaliatory and/or violate any other local, state or federal laws.

► Web postings by any Warriors, Chief Warriors and Corporate Warriors shall not violate any

of the policies set forth in the Warrior Handbook and/or any other Genghis Grill rules.

► Warriors, Chief Warriors and Corporate Warriors who make web postings that in any way

relate to Genghis Grill must include a disclaimer to readers/viewers stating that the views

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expressed are the Warrior or Chief Warrior’s alone and that such views do not necessarily

reflect the views of Genghis Grill.

► Warriors, Chief Warriors and Corporate Warriors prohibited from making any purely

personal web postings (by way of example only, Facebook postings to friends about personal

matters) during work time or on Genghis Grill business.

► Warriors, Chief Warriors and Corporate Warriors shall not cite, reference or post pictures of

Genghis Grill’s restaurants, Fans, Future Warriors, Allies, competitors or the general public

in any Genghis Grill restaurants without the express, written approval from the Marketing

Department in charge at the corporate office.

► If a member of the news media contacts a Warriors, Chief Warriors and Corporate Warriors,

in general, or regarding his or her postings concerning or in any way relating to Genghis

Grill, our current or potential products, Warriors, Allies, Fans, and competitors, the Warrior

must refer the media to the Marketing Department in charge at the corporate office.

► Warriors, Chief Warriors and Corporate Warriors are expected to uphold Genghis Grill’s

values and business reputation and refrain from making defamatory statements or disclosing

any personal or private information about Genghis Grill Warriors, former Warriors, Fans,

Allies, competitors or any member of the general public.

► Warriors, Chief Warriors and Corporate Warriors shall not allow web postings to interfere

with their job duties.

► Warriors, Chief Warriors and Corporate Warriors may not disclose, in any format, any

information that is confidential, sensitive, privileged or proprietary to Genghis Grill. This

includes information about trademarks, upcoming product releases, sales, finances, number

of products sold, and number of Warriors, company strategy, and any other information that

has not been publicly released by the company. These are given as examples only and do not

cover the range of what Genghis Grill considers confidential and proprietary. If you have any

question about whether information has been released publicly or doubts of any kind, speak

to the Marketing Department in charge at the corporate office before releasing information

that could potentially harm the company, or our current and potential products, Warriors,

Allies, and Fans.

The above policy should not be interpreted to restrict or interfere with any Warriors, Chief

Warriors and Corporate Warrior’s federal or state labor law rights, free speech, or any

whistleblower protections under federal or state law. For any questions about this policy or any

matter related to web postings, contact the Human Resources Department in charge at the

corporate office.

OUTSIDE EMPLOYMENT

All Warriors and Chief Warriors are permitted to work other jobs outside of Genghis Grill except

for positions directly involving a Mongolian-themed restaurant, provided that they do not

interfere with a Warrior or Chief Warrior’s scheduled shifts, regular hours, or performance at

Genghis Grill.

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EMPLOYMENT OF RELATIVES/SIGNIFICANT OTHERS

Genghis Grill strives to promote a fair and fun work environment. In furtherance of this goal,

Genghis Grill prohibits relatives from working in direct Chief Warrior/subordinate positions with

each other.

Genghis Grill recognizes that at times, consensual, romantic and/or sexual relationships between

Warriors may occur. When such a relationship is between a Warrior who has Chief Warrior

authority and one who does not, Genghis Grill’s ability to enforce its policy against sexual

harassment can be affected. Relationships between Chief Warriors and Warriors, or any Chief

Warrior and subordinate, may also negatively affect morale and create security concerns.

Therefore, if such relationships arise, they will be considered carefully by Genghis Grill

management and appropriate action may be taken. Such action may include a change in the

responsibilities of the Warriors involved in such relationships or transfer of location and/or Chief

Warrior reporting relationship within Genghis Grill. It is the responsibility and mandatory

obligation of the Chief Warrior/Chief Warrior promptly to disclose the existence of the

relationship to the Human Resources Department in-charge at the corporate office. Any Warrior

may make the disclosure as well, but the burden of doing so shall be upon the Chief

Warrior/Chief Warrior. Failure to make such disclosure is a violation of this policy and may

lead to disciplinary action up to an including termination of employment.

INCLEMENT WEATHER

Genghis Grill recognizes that the weather can affect our restaurant and corporate operations. In

the event of inclement weather (for example, ice storms, tornadoes), you are required, and it is

your responsibility, to contact your Chief Warrior to determine whether your location will be

closed, open late or close early.

When operations are officially closed due to weather/emergency conditions, time off from

scheduled work will be unpaid. When a weather/emergency closing has not been determined and

a Warrior chooses not to report to work, or to arrive late or leave early, the Warrior is required to

communicate with his/her Chief Warrior as to their status for the day and any time off will be

unpaid. In these circumstances, Warriors who work will receive regular pay.

CORPORATE KEYS

Chief Warriors are provided with keys to access corporate stores. Chief Warriors are prohibited

from making duplicates of the keys or loaning them to anyone for use or duplication without

prior written authorization from management. You are expected to safeguard the keys at all

times and must immediately report lost or stolen keys to the Human Resources Department in

charge at the corporate office. All keys must be returned to Genghis Grill upon request or upon

the termination of employment.

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EATING / DRINKING / SMOKING

Warriors and Chief Warriors are not allowed to eat or drink while on the clock. You may eat

before or after a scheduled shift, prior to clocking in or after clocking out, by having the

bartender ring up a Warrior Meal. You must prepay for the meal ($5.00 including tax, Genghis

Grill reserves the right to modify the price) before going to the food bar, and you must take your

receipt with you to show the grill master that you have purchased the meal. You are not allowed

to eat in the bar area, but rather in a designated restaurant area, as long as you are not in uniform.

Warriors discovered eating food that is not paid for may be seen as performing an act of theft

which may result in immediate termination. Soft drinks are permitted, but only a quick drink and

dump instance in plastic glasses only. You should never use a TO-GO cup. You should never

leave your personal glasses anywhere. If you are of legal drinking age, you may be allowed to

consume alcoholic beverages when you are in the restaurant as a Fan, but never immediately

before or after a scheduled shift. As a Fan, your consumption of alcoholic beverages will be at

the discretion of the Chief Warrior, and the limit is two (2) drinks and must be consumed in the

dining area and not in the bar. You will be required to pay full price for each alcoholic beverage

immediately after it is ordered and rung up. For all Warriors, smoking is not allowed while at

work in any part of the restaurant or restaurant premises during business hours.

FAN COMPLAINTS

No one enjoys being the recipient of complaints, but complaints are to be expected as part of

being in the hospitality business. Complaints can even be viewed in a positive light if they are

handled properly. Complaints can give us insights as to how to make our restaurant better.

Demanding Fans force us to be our best. Resolving complaints satisfactorily can even increase

Fan loyalty if they are handled properly.

When faced with a complaint from a Fan:

► Do not get defensive and try to explain.

► Remove the offending item immediately.

► Apologize for the problem and tell the Fan you will take care of the problem.

► Make sure the Chief Warrior is aware of any and all situations (big or small).

CERTIFICATIONS

Food Certification: Depending on local/state ordinances, you may be required to obtain a state-

issued food protection management training certificate and to give proper documentation of such

certification to a Chief Warrior so it can be added to your Warrior file. In the event this is a

requirement for your restaurant location, you will be responsible for the fee associated with

obtaining this certification, but you will be compensated at minimum wage for your time spent in

the certification class. You will have thirty (30) days to complete any certifications that are

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required by local/state ordinances. Please check with your Chief Warrior for further information

on this issue.

Alcoholic Beverage Policy/Certification: Depending on local/state law, Warriors involved in the

sale or service of alcoholic beverages may be required to obtain appropriate certification and to

give a copy to a Chief Warrior so it can be added to their Warrior file. If it is required, you will

be responsible for the fee associated with obtaining this certification and must obtain your

certification before your first day of orientation. Please check with your Chief Warrior for

further details on the certification. All Warriors who take orders for and/or serve alcoholic

beverages should check identifications (“Ids”) for any individual who looks under the age of 40.

Servers should check (“Ids”) for those individuals appearing to be under the age 40 regardless of

whether they have already purchased drinks at the bar area. Also, Genghis Grill prohibits the

service of alcoholic beverages to any individual under the age of twenty-one (21), even if they

are with a parent or guardian. Any violation of Genghis Grill policy or state or federal law

regarding the service of alcoholic beverages may lead to immediate termination.

CASH AND CREDIT / DEBIT CARD HANDLING

The following cash management procedures have been established to help protect the safety of

Genghis Grill Warriors and Fans and its financial assets. There are no exceptions to the cash

management policies and procedures. Failure to follow any of the cash management procedures

may involve disciplinary action up to and including termination. If for any reason these cash

management policies and procedures cannot be followed, warriors must immediately notify their

Chief Warrior to determine appropriate current and future action.

Genghis Grill reserves the right to utilize all investigative means, including audio and video

surveillance, to protect people and assets. It is management’s responsibility to assure that all

warriors are trained on proper cashing handling procedures and that these procedures are

followed.

All Warriors who handle “cash” (cash includes but is not limited to cash, credit/debit cards, gift

cards, loyalty cards, comp cards, coupons, accounts receivable, and checks) are accountable for

following these cash management procedures. Acts or omissions contrary to this policy may

result in disciplinary action up to and including termination. Borrowing funds or replacing cash

with IOUs or checks is prohibited. Cashing checks of any type in the restaurant, whether

personal checks, payroll checks, Fans’ checks, or other third party checks is strictly prohibited.

Cash and Credit/Debit Card Handling: All warriors who handle cash transactions for Fans are

responsible for their tables until the final checkout at the end of the shift. Any warrior with cash

shortages at the end of the shift, or who fails to pay proper attention to their tables such that Fans

leave without paying (tab skipping), may be subject to immediate disciplinary action up to and

including termination. Undercharging or giving food away without payment is theft. Any such

incident may result in corrective action up to and including immediate termination and possible

criminal charges.

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Many of our Fans pay by credit or debit cards. Warriors are required to maintain the

confidentiality of credit and debit card numbers. Credit and debit cards are only to be used for

sales in the normal course of business. Warriors are not permitted to refund cash on credit and/or

debit transactions, including refunding all or a portion of the tip amount. Warriors are not

permitted to use any credit or debit card (their own or anyone else’s) to close a ticket previously

paid for in cash by a Fan. Warriors are not permitted to use any credit or debit card (their own or

anyone else’s) for the purpose of receiving a cash advance. All credit card transactions over $100

must be approved from a Supervisor, with a valid photo ID.

Deposit Procedures: Deposits must be made every day, during regular banking hours. The

Chief Warrior on duty is responsible for taking all deposits to the bank as soon as possible after

preparation. Allowing someone other than a Chief Warrior to take deposits to the bank is strictly

prohibited. Taking deposits to any location other than the bank is strictly prohibited and is

grounds for immediate termination. The closing deposit must be prepared and locked in the safe

overnight. The opening manager for the next business day must deposit the previous night’s

closing deposit prior to the opening of the restaurant. Leaving cash in areas overnight other than

in the safe is prohibited. Funds must not be left unattended or improperly secured at any

time. The Chief Warrior on duty will be held accountable for the management and handling of

all cash and cash handling procedures.

Any Chief Warrior on duty will collect, organize, and count all cash and verify the amount

against POS readings to determine overages/shortages. Cash counts require that like bills are

stacked portrait up and facing the same direction. At shift change, the Chief Warrior will verify

with the opening manager, the money that was collected for the shift. Once the money has been

verified it becomes the closing Chief Warrior’s responsibility.

It is the responsibility of the General Manager to ensure that all deposits are properly

deposited. Any discrepancies in deposits, alterations, missing deposits, etc. must be reported to

the Area Supervisor and Company headquarters immediately.

No passengers, including friends, family, other Chief Warriors or Warriors, or any others may

accompany the Chief Warrior on duty when taking the deposit to the bank. Chief Warriors are

required to vary their routine, including the time and departure route to the bank, but chief

warriors must not make any stops in between the restaurant and the bank (other than those

required by traffic signals). Be alert for suspicious vehicles or persons. If you believe that you

are being followed please call the police and your immediate supervisor.

Credit/Debit Card Acceptance Policy:

► Restaurants generally accept Visa, Master Card, American Express, Discover, and debit

cards. Credit/Debit acceptance is for Fan use only.

► Warriors must receive an authorization on each credit/debit card used. The charge slip

should indicate the card number, expiration date, order number, and amount of order,

including tip.

► Warriors must verify the signature on the card with the signature on the charge slip.

► Credit/Debit cards may be charged for the amount of the order and tip only. Cash advances

on Credit/Debit cards for warriors or Fans is strictly prohibited.

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► Warriors are not allowed to give change back to a Fan from a credit card purchase.

Forging or altering any information on any credit/debit card receipt is strictly prohibited and may

result in immediate termination and possible criminal charges. Failure to follow these policies

could lead to charge backs to warriors, as allowed by law, as well as further disciplinary actions

up to and including termination.

TELEPHONE COURTESY

It is everyone’s responsibility to answer the phone. Always answer the phone promptly, within

two rings. Always answer in a friendly, upbeat and polite manner, remembering that customer

service begins on the phone:

THANK YOU FOR CALLING GENGHIS GRILL THE MONGOLIAN STIR FRY LOCATED IN

____________, THIS IS ____________, HOW MAY I HELP YOU?

Respond to any questions that you are absolutely certain you can answer correctly. If you are not

sure, ask the person if you may put them on hold for a moment and quickly refer the call to a

Chief Warrior. Always thank the person for calling. When a caller asks to speak to a Chief

Warrior, always ask the caller for their name. Make sure that you give out the store number to

your family for emergency contact only, due to cell phones not being allowed during the shift.

All Warrior phone calls must be filtered through a Chief Warrior. An excessive amount of

emergency calls for any given Warrior may result in disciplinary action up to and including

termination.

EVALUATIONS AND PROMOTIONS

All Warriors and Chief Warriors should receive written and/or verbal performance evaluations at

least once a year. The evaluation process is intended to let you know how well you’re

performing and help you be more effective and productive. The evaluation also gives you the

opportunity to share your thoughts about your performance and future goals with your Chief

Warrior.

We view the evaluation process as an opportunity to identify the accomplishments and strengths

of each Warrior. It also allows us to openly discuss areas that might need improvement and

allows us to work with you in setting goals for any improvement. Depending on your position

and performance, you may be eligible for a pay increase and/or promotion; however, neither pay

increases nor promotions are guaranteed and are based solely on your job performance, results,

and availability of such positions.

TRANSFERS

Within the scope of good business practices and subject to management’s discretion and the

candidate’s qualifications, Genghis Grill generally allows any Warrior to transfer between

positions, departments, restaurants and geographic locations. Transfer request approval will be

based on several factors, including job performance, tenure and disciplinary action records.

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Warriors interested in a transfer should make a formal request to the Human Resources

Department in-charge at the corporate office to transfer to a new location. Some positions may

require an assessment to be completed prior to transfer. Genghis Grill does not guarantee the

approval of any transfer request.

SEPARATION FROM EMPLOYMENT

Upon your separation from employment with Genghis Grill for any reason, Genghis Grill does

not pay severance pay and requires that Warriors and Chief Warriors immediately return all

Genghis Grill property (keys, Warrior Manuals, uniforms, etc.) in their possession, custody or

control.

Genghis Grill requests that all Warriors and Chief Warriors provide a two (2) week written

notice prior to resignation. We also request that Warriors and Chief Warriors complete an Exit

Interview form.

BENEFITS AND GUIDELINES

HOLIDAYS

Genghis Grill allows for unpaid time off for certain National / religious holidays, provided you

notify your management and request the day(s) off according to policy.

Additionally, Genghis Grill currently observes (and all offices and restaurants are closed during)

the following holidays:

Thanksgiving Day

Christmas Day

These holiday days are subject to change. Genghis Grill does not offer holiday pay and you will

be paid your standard rate of pay if you work on any given holiday.

VACATION DAYS

Salaried-Exempt and Salaried-Non-Exempt Warriors are eligible for vacation days based on the

following schedule:

After the completion of six (6) months of employment: 5 vacation days

After the completion of twelve (12) months of employment: 5 vacation days

After the completion of three (3) years of employment: 10 vacation days

After the completion of five (5) years of employment: 15 vacation days

Vacation days must be taken in full-day increments and all vacation days must be taken within

the employment calendar year. Vacation days not used in a calendar year will be lost and will

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not carry forward into the next calendar year. Genghis Grill will not pay Warriors for vacation

time that is not used as specified herein. Further, Genghis Grill does not pay for unused vacation

time upon separation from employment for any reason other than State mandated pay outs.

PERSONAL DAYS

Salaried-Exempt and Salaried-Non-Exempt Warriors accrue personal days as follows:

Following the completion of one (1) year of employment (counted from the first date of

employment): 2 personal days.

Following the completion of each, subsequent year of employment (counted from the

first date of employment): 1 personal day.

Salaried-Exempt and Salaried-Non-Exempt Warriors may accrue up to, but no more than, five

(5) personal days during their employment with Genghis Grill. Earned but unused personal days

will not be paid. Further, Genghis Grill does not pay for unused personal days upon separation

from employment for any reason other than State mandated pay outs.

HEALTH AND OTHER INSURANCE

Salaried-Exempt and Salaried-Non-Exempt Warriors who meet the eligibility criteria are eligible

for medical, dental, life and vision insurance coverage. Salaried-Exempt and Salaried-Non-

Exempt Warriors may contact the Human Resources Department in charge at the corporate

office for additional information.

MEALS

Genghis Grill will subsidize the cost of one meal per work day as a benefit to all full and part-

time Warriors. The current cost is $5.00 per Warrior meal, the bowl used is to be a Future

Warrior Bowl. Genghis Grill reserves the right to modify the price. You must pay before going

to the food bar, and you must take your receipt with you to show the grill master that you have

purchased the meal.

PARKING

All Warriors must park in designated parking areas. If any Warrior vehicle is in the Fan parking

area without prior Chief Warrior approval, the Warrior will be subject to disciplinary action, up

to and including termination.

FAMILY AND MEDICAL LEAVE

Genghis Grill grants periods of unpaid leave to Warriors who request time off for family or

medical reasons in accordance with the federal Family and Medical Leave Act (FMLA) and any

state versions of the FMLA. Under the FMLA, you may be eligible for a period of job-protected

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unpaid leave if you meet the criteria set forth in the FMLA. This policy contains a brief

overview of the statutory criteria as well as Genghis Grill’s own policies regarding FMLA leave.

The provisions included herein are a summary of the entitlements and requirements under the

FMLA. Questions regarding FMLA leave should be directed to the Human Resources

Department in charge at the corporate office.

General Eligibility: To qualify for FMLA leave, you must have worked at Genghis Grill for at

least twelve (12) months (not necessarily concurrently), must have worked at least 1,250 hours

during the twelve (12) months preceding the leave, and must work at a location where Genghis

Grill employs at least fifty (50) Warriors within a seventy-five (75) mile radius. Not all Genghis

Grill locations may meet this requirement.

Types and Duration of FMLA Leave: There are essentially three categories of FMLA leave

under this policy – (1) Basic FMLA Leave (which includes family and medical leave), (2) Active

Duty Leave; and (3) Military Caregiver Leave.

Basic FMLA Leave

You may be eligible for up to 12 weeks of unpaid leave in a rolling backward 12-month period

for the following reasons: (i) the birth of a child and to care for such child or placement for

adoption or foster care of a child; (ii) to care for an immediate family member (spouse, child

under 18 years old or 18 and over who is incapable of self-care, or parent) with a serious health

condition; or (iii) because of a serious health condition which renders you unable to work.

Active Duty Leave

You may also be eligible for up to 12 weeks of unpaid leave in a rolling backward 12-month

period because of any qualifying exigency arising out of the fact that your spouse, son or

daughter (of any age), or parent, defined as a covered service member, is on active duty (or has

been notified of an impending call or order to active duty) in the National Guard or Reserves or

is a retired member of the Armed Forces or Reserves and has been notified of an impending call

or order to active duty in support of a contingency operation.

Military Caregiver Leave

You may also take Military Caregiver Leave to care for a spouse, son or daughter (of any age),

parent or next of kin who is a current member of the Armed Forces, including the National

Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise

in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or

illness incurred in the line of duty on active duty. A covered service member has a serious

illness or injury for purposes of this paragraph if he or she is medically unfit to perform the

duties of his or her office, grade, rank or rating. If you are eligible, you are entitled to a total of

up to 26 weeks of unpaid Military Caregiver Leave during a single 12-month period. This single

12-month period begins on the first day you take Military Caregiver Leave and ends 12 months

after that date. The leave entitlement described in this paragraph applies on a per-covered

service member, per-injury basis. However, no more than 26 weeks of leave may be taken

within a single 12-month period by any covered Warrior. Even in circumstances where any

Warrior takes other leave covered by the federal FMLA pursuant to the Basic FMLA Leave and

in the Active Duty Leave sections above, the combined leave shall not exceed 26 weeks during

that 12-month period.

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When Spouses Work Together: A husband and wife, when both are eligible for FMLA leave and

both work at Genghis Grill, are eligible for either up to a combined 12 weeks of unpaid leave as

discussed in the Basic FMLA Leave and Active Duty Leave sections above, or up to a combined

26 weeks of unpaid leave as discussed in the Military Caregiver Leave section above.

Notice of Need for FMLA Leave: If the leave is foreseeable (e.g. birth or placement, planned

medical care, leave due to active duty of immediate family member), you must provide at least

30 days’ advance notice. If the need for leave is not foreseeable or circumstances prevent

providing the 30-day advance notice, then you should provide as much notice as practicable

(generally, either the same or next business day). You must provide sufficient information for

Genghis Grill to reasonably determine whether the FMLA may apply to the leave request. If you

fail to give the required notice for foreseeable leave with no reasonable excuse, you may be

denied the taking of the leave until you provide adequate notice of need for the leave. You

should make every reasonable effort to schedule medical treatments so as not to disrupt the

ongoing operations of Genghis Grill.

Intermittent FMLA Leave: Intermittent leave also may be available depending upon your serious

health condition or your immediate family member’s serious heath condition. Military Caregiver

Leave may be taken intermittently or on a reduced leave schedule when medically necessary.

Warriors must make reasonable effort to schedule medical treatment so to minimize disruptions

to business operations. Further, if the need for leave is foreseeable based on planned medical

treatment, Genghis Grill reserves the right to transfer you temporarily to an alternate position

with equivalent pay and benefits for which you are qualified, if the transfer better accommodates

the requested leave.

Initial Response: Upon review of a leave request, Genghis Grill will respond to you with a

Notice of Eligibility and Rights & Responsibilities, notifying you of your eligibility status and

informing you of your rights and responsibilities, including responsibility to provide

documentation supporting the leave request.

Documentation Supporting FMLA Leave: Your reason for the leave must be covered under the

FMLA, and you must provide and complete the appropriate FMLA Certification of Health Care

Provider Form supporting the need for the leave. A request for reasonable documentation of

family relationship verifying the legitimacy of FMLA leave may also be required. Warriors will

have fifteen (15) calendar days in which to return a completed Certification form following

receipt of the form from Genghis Grill. If you fail to provide timely certification after being

required to do so, Genghis Grill may deny your request for FMLA leave.

If the Certification form is incomplete or insufficient, you will be given written notification of

the information needed and will have seven (7) calendar days after receiving such written notice

to provide the necessary information. If there is reason to doubt the validity of the medical

certification, a second opinion, at the expense of Genghis Grill, related to the health condition

may be required. If the original certification and the second opinion differ, a third opinion, at the

expense of Genghis Grill, may be required. The opinion of the third health care provider, which

Genghis Grill and the Warrior jointly select, will be the final and binding decision.

A request for Active Duty Leave must be supported by the Certification of Qualifying Exigency

for Military Family Leave form as well as appropriate documentation, including the covered

military member’s active duty orders. A request for Military Caregiver Leave must be supported

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by the Certification for Serious Injury or Illness of Covered Service Member form as well as any

necessary supporting documentation.

Designation of Leave: Upon review of the submitted documentation, Genghis Grill will provide

you with a Designation Notice of whether the leave will be designated and will be counted as

FMLA qualifying leave.

Recertification: Under certain circumstances as provided by law, including (but not limited to)

situations in which the need or nature of the approved leave changes, Genghis Grill may, in its

sole discretion, require recertification of your serious health condition. Genghis Grill may also

request recertification every year in which FMLA leave is taken for any serious health condition

that lasts longer than one (1) year. In these situations, you will have fifteen (15) days in which to

provide, at your expense, a completed Recertification form.

Substitution of Paid Leave: FMLA leave is unpaid except in cases where paid leave balances are

available. You are required to use paid leave concurrently with unpaid FMLA leave time. You

may use any available vacation pay during the FMLA qualifying leave. Any substituted paid

time will run concurrently with, and be applied against, the 12-week or 26-week maximum.

After paid leave finishes running, the remainder of the leave will be unpaid. If leave is taken in

excess of the weeks for which you are eligible, you will not be assured a position with Genghis

Grill upon your return.

Fitness for Duty Certification Requirement: For all persons returning from FMLA leave,

Genghis Grill requires a fitness for duty certification that addresses your ability to perform the

essential functions of your job.

Job Restoration: Upon your return from FMLA leave, you will generally be restored to your

original position, or to an equivalent job with equivalent pay, benefits, and other terms and

conditions of employment. With limited exceptions, your use of FMLA leave generally should

not result in the loss of any employment benefit earned or accrued before using FMLA leave, nor

be counted against you under a “no fault” attendance policy. If a bonus or other payment,

however, is based on the achievement of a specified goal such as hours worked, products sold, or

perfect attendance, and you have not met the goal due to FMLA leave, payment may be denied

unless it is paid to any Warrior on equivalent leave status for a reason that does not qualify as

FMLA leave.

If you are unable to return to work at the conclusion of eligible FMLA leave, you may be

terminated consistent with Genghis Grill’s absenteeism/attendance policy barring other legal or

practical considerations.

Benefits During FMLA Leave: During the approved FMLA leave, your coverage under Genghis

Grill’s benefits, if any, including health insurance, will continue, but you will be required to

continue to pay your portion of any applicable premiums as if you had not taken leave and

failure to do so may result in loss of coverage pursuant to law. If you fail to return to work for at

least 30 days after expiration of the leave, Genghis Grill reserves its right to recover premiums

paid, if any, to maintain your coverage, if any, during the leave period as allowed by applicable

law.

Forms: Contact your Chief Warrior or the Human Resources Department in charge at the

corporate office at (888) 436-4447 x. 155 for additional information regarding FMLA, including

applicable forms for your use.

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OTHER LEAVES OF ABSENCE

As with any absence, you must let your Chief Warrior and Human Resources Department in-

charge at the corporate office know as soon as possible when you learn you will have to be away

from work on a leave of absence. In addition to FMLA leave, Genghis Grill provides the

following types of leave:

Jury Duty – Genghis Grill will provide unpaid time off to non-exempt Warriors to attend jury

duty. For exempt Chief Warriors, Genghis Grill will pay your regular day’s pay for each of the

first three (3) days of jury duty. If the jury duty exceeds three (3) days, Genghis Grill will

provide you with the time off without pay for the remainder of your jury service. These

provisions may vary depending on applicable state or local laws. You are required to obtain

documentation from the court verifying the length of your absence, report to scheduled work

whenever you are not required in court and keep your Chief Warrior and a Human Resources

representative informed of the expected length of your absence.

Voter Leave - Genghis Grill will comply with all applicable State or local voter leave laws.

Bereavement Leave – Genghis Grill will provide unpaid time off to non-exempt Warriors for

bereavement leave. For exempt Chief Warriors, if there is a death in your immediate family,

Genghis Grill will allow you to take up to three (3) work days for the purpose of arranging and

attending a funeral and resolving personal problems with regard to the death. Genghis Grill will

pay your regular pay for these missed days. Your "immediate family" includes: parent or legal

guardian, mother-in-law, father-in-law, grandparent, grandparent-in-law, brother, sister, brother-

in-law, sister-in-law, spouse, children, step-children, and step-parents.

Personal Leave - In certain circumstances Genghis Grill, upon request and at our sole

discretion, may provide leave for a personal reason for up to thirty (30) days. You must submit a

request for unpaid personal leave of absence to your Chief Warrior. Your Chief Warrior will

submit the request to the appropriate member of management for final approval. Failure to

return from leave at the time agreed may result in termination of employment. If you accept any

employment or go into business for yourself while on a leave of absence, you may be considered

to have voluntarily resigned from Genghis Grill. You will be responsible for any required

benefit premiums that may occur during your leave. Upon return to work, Genghis Grill does

not guarantee that you will be restored to your original position, or to an equivalent job with

equivalent pay, benefits, and other terms and conditions of employment. Such decisions will be

made on a case by case basis depending on the needs of the business. Genghis Grill may

consider an extension of this leave on a case by case basis or whereas otherwise required by law.

Workers’ Compensation Leave - Genghis Grill will comply with all state laws regarding

workers’ compensation leave.

Military Leave - Genghis Grill supports all Warriors requesting a leave of absence to meet his

or her military obligations. Any Warrior who notifies Genghis Grill of the need to take military

leave to meet military obligations shall be granted such leave, without pay, together with any

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other rights and entitlement provided by law. Genghis Grill requests the maximum amount of

notice possible be given. All Warriors on military leave will be entitled to reinstatement in

accordance with applicable laws and regulations under the Uniformed Services Employment and

Reemployment Rights Act (USERRA).

Other Leaves – Genghis Grill will comply with all state laws regarding other types of

mandatory leave.

► Prior to taking a leave of absence, you are required to submit a Warrior Leave Request Form

to your Chief Warrior and receive written approval for the leave. In the event that the

policies in this handbook require additional leave forms (such as the Family and Medical

Leave policy), you will be expected to comply with those policies as well.

► Warrior Leave Requests should be submitted at least two (2) weeks prior to the scheduled

leave date where possible.

► Warriors and Chief Warriors returning from any type of leave due to a medical condition

must present a fitness for duty certification.

► Any Warrior or Chief Warrior who fails to return to work following the expiration of a

personal or other leave of absence will be deemed to have abandoned his or her job unless he

or she has provided a satisfactory reason to management.

► The requirements of this Attendance Policy are subject to and may be modified by

emergency situations or otherwise at the discretion of management.

WARRIOR RELATIONS

OPEN DOOR POLICY

Genghis Grill has an open door policy to promote and facilitate open, honest, two-way

communications between Warriors and Chief Warriors. We expect you to communicate with

your Chief Warrior or any other Chief Warrior in the event you have an issue related to your

employment to allow us the opportunity to hear and address any issues or concerns you may

have. Genghis Grill cannot guarantee any particular resolution but will attempt in good faith to

handle all matters in a timely, professional and responsible manner.

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Pursuant to this policy, Genghis Grill also encourages you to communicate to your Chief Warrior

or any other Chief Warrior at the corporate office any ideas you have to improve our business,

including, without limitation, services, training, atmosphere and communications, as well as any

interest by you in advancement. We strive for improvement every day and recognize that great

ideas can come from our Warriors. Although not all ideas can be adopted, you are encouraged

to contribute your thoughts, ideas and actions to building a better Genghis Grill.

BUSINESS RECORDS AND NON-DISCLOSURE OF

CONFIDENTIAL INFORMATION

All information that is related to Genghis Grill business is the property of Genghis Grill and

should be treated as confidential information. Both during and following your employment with

Genghis Grill, you are required to maintain the confidentiality of information concerning

Genghis Grill’s business, Warriors, Fans and Allies. Confidential information includes, but is

not limited to, Warrior and Fan information, information related to pricing, recipes, training

programs, ordering and vendors and marketing methods and strategies. You may access, copy,

remove, or disseminate Genghis Grill business records only if you are authorized to do so, and

only then for the purpose of Genghis Grill’s business. You may not discuss Genghis Grill’s

confidential information with anyone outside Genghis Grill, including members of your family,

both during and following your employment with Genghis Grill.

Additionally, all passwords and safe codes are highly confidential and may not be shared with

anyone. You are required to immediately report to the Human Resources Department in charge

at the corporate office any real or suspected theft of any passwords and safe codes, as well as any

reasonable belief that the security and confidentiality of passwords or safe codes have in any way

been compromised.

INSPECTION OF PROPERTY

All property furnished to you by Genghis Grill (office, vehicle, desk, computer, locker and/or

storage area, etc.) remains the sole property of Genghis Grill and is subject to inspection and/or

search by Genghis Grill at any time, for any reason and without further notice. Genghis Grill

may also search and/or inspect any person or personal property belonging to you (vehicle, purse,

briefcase, etc.) on Genghis Grill premises. If you want to avoid inspection of any articles,

materials or other belongings, do not bring them on Genghis Grill premises or store them in or on

Genghis Grill property. When you sign the Handbook Acknowledgment form, you are

knowingly and voluntarily consenting to surveillance and search by Genghis Grill.

TRAVEL AND BUSINESS EXPENSES

This policy provides guidelines and establishes procedures for all Warriors whose job includes

travel on Genghis Grill business. We have a positive image to uphold to our Fans whether we

are in or out of the restaurants. All Warriors are expected to act appropriately and professionally

at all times while traveling on or engaging in Genghis Grill business and to comply with all

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company policies.

Travel Expenses and Reimbursements

Genghis Grill will reimburse authorized Warriors for necessary and reasonable expenses

incurred while traveling on Genghis Grill business. Please contact the Human Resources

Department in charge at the corporate office for additional information regarding

reimbursements.

Cell Phone / PDA Use During Company Travel

Genghis Grill is always concerned about the safety of its Warriors, Fans and the general public.

Employees whose job responsibilities include regular or occasional driving and those who are

issued a cell phone, PDA or use their personal cell phone for business use are required to pull off

to the side of the road and safely stop the vehicle before placing or accepting a call or texting,

regardless of the circumstances, including slow or stopped traffic. Use of a cell phone or PDA

while driving is not required by the company. Safety must come before all other concerns.

Requirements for Personal Vehicle Use for Company Business Genghis Grill expects that all Chief Warriors who use their personal vehicles for Genghis Grill

business will have a current valid and current (not expired) state driver’s license that is not

restricted, proof of insurance in at least the minimum amount required by the state in which the

Chief Warrior has the vehicle registered and a driving record without excessive accidents,

moving violations or other moving or non-moving citations for a period of two (2) years prior to

the date of hire. All Chief Warriors who are eligible for an automobile allowance, will have their

personal Motor Vehicle Record reviewed before the allowance is given. An automobile

allowance will be given to the Chief warrior if all requirements above are current and in good

standing. It will be the Chief Warriors responsibility to provide updates on any changes that are

made to their driving record and vehicle registration and insurance to the Human Resource

Department. Any violation of this policy may result in serious injury as well as significant

financial loss to Genghis Grill. Because of this risk and exposure, any person violating this

policy is subject to disciplinary action, including immediate termination.

Driving for Company Business

Safety is of critical importance to Genghis Grill. Whether you are driving your own car, a

corporate vehicle or a rental car for Genghis Grill business, the following policies apply:

► Absolutely no alcoholic beverages or illegal drugs are allowed in personal vehicles while

conducting Genghis Grill business unless pre-approved by management.

► No one is permitted to drive on Genghis Grill business while under the influence of alcohol

or other drugs, legal or illegal, that may impair safe driving ability and judgment.

► All drivers and passengers must wear seat belts at all times.

► All Warriors will abide by all restrictions on their licenses, such as the restriction to drive

while wearing corrective lenses.

► All Warriors shall refrain from using the vehicle for hire or to pick up hitchhikers.

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► All Warriors will maintain in the vehicle, where applicable, a copy of the owner’s manual,

the maintenance and service records and a current insurance identification card.

► All Warriors will abide by all local, state and federal laws governing the use of motor

vehicles.

► All fines, defense costs, citations, tickets and other penalties arising from the use of a vehicle

for Genghis Grill business are solely the responsibility of the Warrior or Chief Warrior who

incurred them. Failure to follow this policy may result in disciplinary action up to and

including termination.

► Warriors who drive on Genghis Grill business must comply with the cell phone usage policy

contained in this handbook.

► Warriors who travel for Genghis Grill business must, at all times have with them or in the

vehicle their driver’s license, current proof of insurance and valid registration.

► All Warriors shall immediately report all accidents, however minor, and tickets and citations

to the Human Resources Department in charge at the corporate office.

► All Warriors shall immediately notify the Human Resources Department in charge if his or

her license is suspended or revoked or if there are any recordable events that affect his or her

motor vehicle record, even if events are related to a personal automobile.

► All Warriors will immediately notify Genghis Grill if any insurance company drops personal

insurance coverage or otherwise denies coverage.

PERSONNEL RECORDS

It is important to you and to Genghis Grill that your personnel records be correct and up-to-date.

It is your responsibility to notify the corporate office of any changes in your name, address,

telephone number, marital status, number of dependents and emergency contact information. It

is also important to have your current telephone number listed with your Chief Warrior so you

can be advised of unusual operating schedules or events and that list is strictly for internal use

only.

Material in your personnel record file is considered confidential Genghis Grill property and

access is typically restricted to Chief Warriors who have a legitimate reason to review the

information. Any Warrior who wishes to review his or her own file should contact the Human

Resources Department in-charge at the corporate office. Your review of the record will be

conducted in the corporate office and in the presence of an individual appointed by Genghis Grill

to maintain the files.

If, after examining your personnel record, you believe it contains inaccurate information, you

should advise the Human Resources Department in-charge at the corporate office, in writing, of

any perceived inaccuracy within forty-eight (48) hours after you have reviewed your file. The

Human Resources Department in-charge at the corporate office will review any such matters and

determine whether any corrections are appropriate.

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NON-SOLICITATION/NON DISTRIBUTION

Genghis Grill’s non-solicitation/non-distribution policy is as follows:

► Persons who are not employed by Genghis Grill are not permitted to distribute material or

solicit within the work area of any job site at any time.

► There shall be no solicitation of any kind, including solicitations for membership or

subscriptions, at any time by Warriors during their working time or in such a way as to

interfere with the work of other Warriors.

► No distribution of literature of materials of any kind, including circulars, shall be permitted in

any work area during working time.

► Genghis Grill maintains bulletin boards for the sole purpose of communicating information

from Genghis Grill to its Warriors and to post notices required by law.

► Only designated management personnel may place notices on or take down materials from

the bulletin boards.

REFERENCES

Requests for information on current or former Warriors will be handled only through the Human

Resources Department in-charge at the corporate office. Warriors, Chief Warriors and

Corporate Warriors are not authorized to disclose any personal information to outside sources

regarding current or former Warriors, Chief Warriors or Corporate Warriors unless to do so is

part of their job duties. All calls or inquiries for references of any kind should be directed to the

Human Resources Department in-charge at the corporate office.

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THE HANDBOOK IS

TO BE GIVEN TO

THE WARRIOR TO

KEEP. THE NEXT 3

PAGES NEED TO BE

STORED IN

WARRIORS FILE

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Pooled Tip Credit Notice SERVERS/BUSSERS The U.S. Department of Labor recently amended its tip credit notice regulations, effective May

5, 2011, to require employers to inform tipped warriors of certain tip credit information. We are

informing you of the following as a result of this new requirement:

• The amount of cash wage to be paid to you per hour will be $2.13.

• Assuming you have received a sufficient amount of tips to cover the tip credit, the

amount of your tips per hour to be credited as wages will be $5.12.

• You have the right to retain all the tips you receive, except for a valid tip pooling

arrangement limited to warriors who customarily and regularly receive tips. Your

required tip-pool contribution or percentage is

► 1.5% Busser

► 1% Bartender

► .75% Hostess

► .75% Khan’s Koach

The tip credit being taken is only on the amount you actually receive and your tips will

otherwise not be retained except for your contribution to the tip pool.

• The tip credit shall not apply unless you have been informed of these requirements.

• The tip credit claimed by the employer cannot exceed the amount of tips actually

received by the

tipped warrior.

You are being provided this information in accordance with Section 203 (m) of the Fair Labor

Standards Act. Please sign and date this notice indicating that you understand it. If you have any

questions regarding this policy, contact Human Resources at (888)Genghis-(436-4447) ext 155.

My signature indicates that I have been informed of the tip credit notice.

___________________ __________________________

Warrior’s Name (Print) Chief Warrior’s Name (Print)

____________________ __________________________

Warrior’s Signature Chief Warrior’s Signature

____________________ __________________

(Date) (Date)

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Tip Credit Notice BUSSERS/HOSTS/KHAN’S KOACH

The U.S. Department of Labor recently amended its tip credit notice regulations, effective May

5, 2011, to require employers to inform tipped employees of certain tip credit information. We

are informing you of the following as a result of this new requirement:

• The amount of cash wage to be paid to you per hour will be

BUSSERS=$4.00

HOSTS=$6.50

KHAN’S KOACH=$4.00

• Assuming you have received a sufficient amount of tips to cover the tip credit, the

amount of your tips per hour to be credited as wages will be

BUSSERS=$3.25

HOSTS=$.75

KHAN’S KOACH=$3.25

• You have the right to retain all the tips you receive, except for a valid tip pooling

arrangement limited to employees who customarily and regularly receive tips.

• The tip credit shall not apply unless you have been informed of these requirements.

• The tip credit claimed by the employer cannot exceed the amount of tips actually

received by the

tipped warrior.

You are being provided this information in accordance with Section 203 (m) of the Fair Labor

Standards Act. Please sign and date this notice indicating that you understand it. If you have any

questions regarding this policy, contact Human Resources at (888)Genghis-(436-4447) ext 155.

My signature indicates that I have been informed of the tip credit notice.

___________________ __________________________

Warrior’s Name (Print) Chief Warrior’s Name (Print)

____________________ __________________________

Warrior’s Signature Chief Warrior’s Signature

____________________ __________________

(Date) (Date)

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WARRIOR HANDBOOK ACKNOWLEDGMENT

I acknowledge that I have received, read and understand the contents of the Genghis Grill

Warrior Handbook for Warriors and Chief Warriors. I understand that the policies and

procedures contained within this handbook (specifically excluding my separately executed

arbitration agreement and non-disclosure agreement, where applicable) are subject to revision or

revocation, with or without my prior knowledge, at any time and for any reason deemed

necessary by management. I further understand that I am personally responsible for remaining

knowledgeable about and abiding by the contents of this handbook and all other posted or

publicized Genghis Grill policies and procedures.

I understand that my compliance with this handbook and other policies and procedures is a

condition of my continued employment or association with Genghis Grill and that any violation

of the policies and procedures contained in the handbook may result in disciplinary action at the

discretion of the Genghis Grill, including possible termination of employment.

I acknowledge and understand that my receipt of this handbook does not imply a contract of or

right to employment for any particular length of time from Genghis Grill. This handbook

replaces all previous handbooks.

I agree to accept and abide by all Genghis Grill policies and procedures contained within this

handbook and all other posted or publicized, written or verbal, Genghis Grill policies and

procedures.

I expressly consent to the surveillance and searches identified in this handbook and I agree to

release, discharge and hold harmless Genghis Grill from any negligence as a result of any such

surveillance or search.

___________________________________________ ____________________

Warrior Name Date

___________________________________________ ____________________

Warrior Signature Location

*****************************************************************************

__________________________________________ ____________________

Chief Warrior Name Date

__________________________________________

Chief Warrior Signature