Do I have a possible lawsuit?

[crizzut]

Long story short, I live in California and I work in a restaurant. The servers closing the restaurant are responsible for checking all of the sidework of the servers who are not closing. I completed my sidework but the server would not sign me out to leave until I did a portion of her work and in doing this portion I would be violating a health code. The girl wanted me to place the tins we have with butter and sour cream into the refrigerator and leave a small number of tins above our main food window. These portions of butter/sour cream would not be refrigerated or on ice therefore breaking the California health code section 110960. The other server got the manager involved because I refused to do this and violate this health code. The manager told me to do what the other server said, I explained to him that it would be a critical violation of the health code and I refused to do it. The next day that I worked I was pulled aside by the same manager I was then told I would be suspended for being insubordinate. During this sitting I documented everything that I had said to him stressing that I would be in violation of code. The case has been sent to our corporate office as me being suspended with the possibility of termination. If I do happen to get fired for this Would my case hold water? If not did I make any mistakes that would hinder a possible case? thanks

PS Thanks to anyone that disagrees with the people who put me in this position but I really would like to only have people who know the law to leave posts/advice. Nothing personal, again I appreciate any support but the lower the number of posts that I need to scan through to find legal advice the easier it would be on me. Thanks :rolling:

 

[rexisme]

I'm not sure, but I sure as hell would make it known to the board of health that they were in violation if they did fire me. Similar thing happened with me w/ a local business only not dealing with food. Just the fact that I wouldnt straight up lie and rip people off. I presented them with so much dirt I had on them that the owner actually fired the Assistant manager, gave me $1500 in cash and a job at another one of his businesses so I wouldnt receive unfair treatment from the people that "loved" the assistant.

 

[carnut101]

I just texted a lawyer friend about your case. Once he gets back to me, I can get you in touch with him. Just based on similar situations that I've referred to him, my guess is that you do have a case. I wouldn't go to the board of health yet until you find out what the restaurant is doing and what your next step is... you never know, going to the health department might be a good card to play if you lawyer up and they decide to settle out of court.

 

[crizzut]

Thanks, I don't plan on doing anything until I hear from the HR department in the corporate office. I just want to make sure that I have a number of options for a number of situations. thanks again and do me a favor and send me a PM when your buddy gets back to you.

 

[hunterp]

If it came down to a lawsuit, do you have any way to prove what you're saying? Without that, it can come down to just your word against theirs.

 

[EBBS_03_Cobra]

If it came down to a lawsuit, do you have any way to prove what you're saying? Without that, it can come down to just your word against theirs.

True, but the board of health could come in at any time and inspect their restaurant. Chances are that if the restaurant is okay with letting stuff like this slide, then it will continue by the time the BOH comes in.

I feel your pain for restaurant woes, but mine right now are more along the lines of sexism, which, unfortunately, doesn't work to well for males.

 

[crizzut]

If it came down to a lawsuit, do you have any way to prove what you're saying? Without that, it can come down to just your word against theirs.

The only PROOF that I would have is that the discussions I've had with the manager, the anonymous hotline (I didn't make it anonymous when I made my report), and the director of human resources handling my case all have in writing that I was not about to do what I was told and break code. They tend to let the butter/sour cream sit there at the end of the night. Either that or they don't notice it. Beyond that the tins that they leave the condiments in are on ice, but there's no way the butter itself is below 45 degrees which is the requirement according to article #110960 of California Health and Safety.

 

[Niks97cobra]

I'm confused.

Are you acting with honor and trying to get the restaurant shut down because of its bad practices, or are you trying to be lazy and get rich quick?

 

[Stroszek]

Your employer is liable for not meeting health codes. Not you. You only need do what is expected of you. Insubordination is grounds for termination.

 

[crizzut]

I'm confused.

Are you acting with honor and trying to get the restaurant shut down because of its bad practices, or are you trying to be lazy and get rich quick?

1. You can't really get rich quick if you spend three years of your life at a restaurant, 2. If I get fired for not violating a health code I'm pretty sure I want to take them to court. Not only is it bullshit to fire someone for following health and safety regulations, but do you have any idea how difficult it would be to find a job right now? If taking them to court is what it takes to supplement income while I look for a job to pay my way through grad school then yes I'll take them to court. So by your standards sure it's a get rich quick scheme.:bored:

 

[crizzut]

Your employer is liable for not meeting health codes. Not you. You only need do what is expected of you. Insubordination is grounds for termination.

Really? why is it that the 2 dominoes employess who filmed themselves tampering with the customers food are being tried on criminal charges? The restaurant isn't the only party being held liable.
Leaving out dairy products in a warm environment is a great way to get salmonella. So according to you, I do as the manager says and leave the butter/sour cream to warm up. 1 A health service come in, sees it, tells the restaurant they're in violation it falls back on me and I'm fired. Or a customer gets food poisoning and they trace it back to the condiments and I'm fired. 2 I follow the health code, I'm being insubordinate, so I'm fired. Really thought that one through didn't you? Pretty sure the company can't entrap someone to fire them, it isn't grounds for termination.

 

[svtcop]

I'm confused.

Are you acting with honor and trying to get the restaurant shut down because of its bad practices, or are you trying to be lazy and get rich quick?

I've gotta go with Niks on this one. :shrug:

You seem more interested in how to make a buck instead of solving the real problem. Someone gets sick tomorrow due to the common practices that your management wouldn't correct and you could have solved the problem yourself with a simple complaint to the Health Dept. But your too worried about yourself to solve the problem.

Atleast tell us what establishment we should avoid until your lawsuit :bored:

This is the best advice you will get. Quit trying to sue everybody and do the right thing!!

/thread

 

[crizzut]

I've gotta go with Niks on this one. :shrug:

You seem more interested in how to make a buck instead of solving the real problem. Someone gets sick tomorrow due to the common practices that your management wouldn't correct and you could have solved the problem yourself with a simple complaint to the Health Dept. But your too worried about yourself to solve the problem.

Atleast tell us what establishment we should avoid until your lawsuit :bored:

This is the best advice you will get. Quit trying to sue everybody and do the right thing!!

/thread

Actually instances like this happen and are reported all the time, but the health agency shows up before the restaurant opens. The condiments aren't placed on the line until the restaurant is serving. Reporting it doesn't work, and it hasn't for the last year and a half. The only way companies like this ever change is through losing money. By the way, you don't believe anyone can sue for wrongful termination? An employee can't sue a restaurant for not following code. If you actually read the whole post, I'm trying to see if there can be a case made if I'm wrongfully terminated. So tell me again about doing the right thing when I fuc*ing did. I've reported it numerous times, and I face possible termination for not risking getting someone sick.:shrug: what else do you suggest I do? You seem to have all the answers.

 

[N2DAMYSTIC]

The girl wanted me to place the tins we have with butter and sour cream into the refrigerator and leave a small number of tins above our main food window. These portions of butter/sour cream would not be refrigerated or on ice therefore breaking the California health code section 110960. :rolling:

Guess I am confused here.

She asked you to put only half of the tins with Butter and SC in the fridge? Were they possibly going to use the butter and SC in the tins, or someone else was to toss them?

Either way it sounds kind of petty and perhaps there are issues that are deep rooted going on here. At the end of the day it is insubordination but you should have a sit down with the employee and manager to clear the air. You do not want to play your self out as being difficult. If you do it will be the end.

 

[WireEater]

Try a legal forum?...

SVT doesn't have the answers, nor the best advice for everything. There is another world outside of this website.

 

[kirks5oh]

sounds like you're just pissed because some bitch walked all over you, made her your bitch, and then pissed on you to mark her territory.

 

[crizzut]

Guess I am confused here.

She asked you to put only half of the tins with Butter and SC in the fridge? Were they possibly going to use the butter and SC in the tins, or someone else was to toss them?

Either way it sounds kind of petty and perhaps there are issues that are deep rooted going on here. At the end of the day it is insubordination but you should have a sit down with the employee and manager to clear the air. You do not want to play your self out as being difficult. If you do it will be the end.

right, leave half out so that she won't have to put them away. It's lazy on her part but really I don't care. She wanted to leave the rest up on top of the main window. Doing so would let them warm up. Having dairy products sit up there and warm is a great way to grow salmonela

 

[wvmystichrome]

I know this really isn't answering your question but I will tell you what happened to my late best friend. He worked in the coal mines for most of his life. Well a few years ago they promoted him almost to the top of the mines he was at. Well he came in one morning at 5:30 am and the Superintendant was there and asked him to sign off on the nightly paperwork. He refused. He said he would have to review and inspect everything before he would. They told him he did not have time because they needed to start running coal. He again refused. This went on until they sent him home. They transferred him to another mines where he had to crawl on his hands and knees 1 mile back in the mines just to start his work shift. He finally had to quit after his back went out.

Now the rest of the story. At one of the other mines they asked the "boss" to do the same thing. He signed off on everything without inspecting. He is now in jail for murder because 2 men were killed from a fire that started in the mines on a conveyor belt that was gobbed with coal that he signed off as inspected as clean.

You know what is right. Hopefully your corporate headquarters does also. If not, follow the legal advice you get but to me I would get out and not go back. If their managers/shift leaders have so little reguard for health issues, do you really want to work for that group. Good luck.

 

[FordSVTFan]

Long story short, I live in California and I work in a restaurant. The servers closing the restaurant are responsible for checking all of the sidework of the servers who are not closing. I completed my sidework but the server would not sign me out to leave until I did a portion of her work and in doing this portion I would be violating a health code. The girl wanted me to place the tins we have with butter and sour cream into the refrigerator and leave a small number of tins above our main food window. These portions of butter/sour cream would not be refrigerated or on ice therefore breaking the California health code section 110960. The other server got the manager involved because I refused to do this and violate this health code. The manager told me to do what the other server said, I explained to him that it would be a critical violation of the health code and I refused to do it. The next day that I worked I was pulled aside by the same manager I was then told I would be suspended for being insubordinate. During this sitting I documented everything that I had said to him stressing that I would be in violation of code. The case has been sent to our corporate office as me being suspended with the possibility of termination. If I do happen to get fired for this Would my case hold water? If not did I make any mistakes that would hinder a possible case? thanks

PS Thanks to anyone that disagrees with the people who put me in this position but I really would like to only have people who know the law to leave posts/advice. Nothing personal, again I appreciate any support but the lower the number of posts that I need to scan through to find legal advice the easier it would be on me. Thanks :rolling:

If you are looking for "legal advice" you should consult a California licensed attorney specializing in employment law.

That being said, California is an "at will" employment state. You can be terminated for any reason not related to protected class.

Are you licensed by the state and that by doing what was asked that would impact your license? If not, the fine/violation goes to the restaurant. The restaurant gets to make those decisions for themselves. Since that ordinance is a civil violation and not criminal you arent afforded "whistleblower" status.

I would submit that your firing would be lawful and that you could file a suit but it would likely go nowhere.

 

[FordSVTFan]

Really? why is it that the 2 dominoes employess who filmed themselves tampering with the customers food are being tried on criminal charges? The restaurant isn't the only party being held liable.

Because they committed a criminal act. The violation of the health and safety code you noted is a civil violation and not criminal. Big difference.

Leaving out dairy products in a warm environment is a great way to get salmonella. So according to you, I do as the manager says and leave the butter/sour cream to warm up. 1 A health service come in, sees it, tells the restaurant they're in violation it falls back on me and I'm fired. Or a customer gets food poisoning and they trace it back to the condiments and I'm fired. 2 I follow the health code, I'm being insubordinate, so I'm fired. Really thought that one through didn't you? Pretty sure the company can't entrap someone to fire them, it isn't grounds for termination.

California is an "at will" employment state they can fire you any reason not associated with a protected class.

That is a catch-22. But it is simple, you ask the person giving you the order if they realize it is a violation of the health and safety code. If they tell you to do it anyway, you follow the order and document it.