All of this over a job as a waiter? Quit your job and walk down the street to the next restaurant. It's not like you're out there searching for a $75K a year job......you're looking for something that pays $3/hr + tips.
Pathetic.
Pathetic.
Do I have a possible lawsuit?
- Thread starter crizzut
- Start date
hahahahaha
To OP: I was a server in a few restaurants while in college and had similar experiences with things similar to that. I used to get fed up with so many of the ways "things" were done and carried out around there. I'll tell you one thing, most restaurants don't care about their servers and look at them as disposal employees because they only pay you a fractional amount. Yes there are the favorited servers that get the good hours and everything, but generally they are the people who have been there for a long time, often even longer than the managers so the managers sometimes cater to them...its wrong and i hated it too.
Best advice would be to start looking for another job unforunately, even as hard as it is right now. FordSVTFan is right, it probably wouldn't go anywhere and you'd only be wasting money on a lawyer instead of putting it to your education or living expenses.
That industry will most likely never change because the typical employee turnaround rate is very high :shrug:
Best advice would be to start looking for another job unforunately, even as hard as it is right now. FordSVTFan is right, it probably wouldn't go anywhere and you'd only be wasting money on a lawyer instead of putting it to your education or living expenses.
That industry will most likely never change because the typical employee turnaround rate is very high :shrug:
No offense, but have you ever worked in the restaurant industry? Cause your response is rather ignorant.
Not all restaurants are the same. The OP could be making some very good money, and losing his job has him concerned, because finding a job (let alone one that pays well) these days is pretty hard.
Am I the only one that feels the OP is doing the right thing? If this establishment is willing to screw with someone else's health, then they deserve every bit of hell that comes their way.
I've spent much more than 3 years working in a restaurant, and I still am working at one while I am in college. Actually, I know exactly how difficult it is to find a job right now. My girlfriend lost her job a few months back because the store she was working at the mall got closed down. Within a week she was hired as a server in another restaurant. Even in this economy, restaurant jobs are a dime a dozen. As a matter of fact, the restaurant I work at just hired new people this week. It is not hard to walk across the street and get another server job.
Exactly. I can leave the restaurant I work at and be hired, literally within minutes of quitting. The OP obviously isn't in the F&B life style like some of us. Sounds like he is a whiny kid that got told to do something. Dressings, sour cream, butter, etc are often left out for a while. It is a fact. It happens in every restaurant.
Most restaurants pay less than minimum wage. What he said is true. Perhaps minimum wage is different everywhere, but no matter where you go, 9 out of 10 server jobs will pay less than minimum wage and you work for tips.
The OP is not doing the right thing because he is attempting to contact a lawyer to get money out of a wrongful termination. The right thing for the OP to do would first see a different manager or the GM of the restaurant. If the restaurant is a chain restaurant, there are people above the GM that can handle this more firmly. If it is a locally owned restaurant, see the owner. If the owner doesn't care that this is being practiced in his restaurant, he needs to notify whoever regulates the restaurants in your state. We have three or four government groups here in SC that come and check out restaurants for different violations. Once you notify them, and your that pissed off about it, quit! Walk down the road and get another job serving tables.
Serving can be a very lucrative job, especially for an untrained, uneducated person. It is the absolute best college job because of the flexibility and there are tons of places to work.
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Doing the "right" thing is not always and easy, simple or clean decision. Many times you can come to a crossroads or morality, integrity, self-worth and the technicalities of the law(s). If you can live with your decisions, and consequences, then good for you. If not, then you may want to reconsider your approach and final result. Be well and breathe deep.
1. Pretty sure it's illegal to pay under minimum wage, hence the title "minimum". 2. I don't work at your average restaurant, this one isn't your average family restaurant, it's in fact labeled fine dining, and my annual income can grow as high as 65k+ depending on if I want to work more hours. 3. according to OSHA I'm protected under the whistle blower laws/regulations and if I'm fired it is in fact a wrongful termination. So you're right you know exactly what you're talking about. Why should anyone question you? Since I've already contacted different agencies and professionals in the field of California labor laws you'll have to excuse me if I don't return to check up on this thread.
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I've done 23 years in restaurants...12 as an hourly/server/bartender, 11 as a manager and of those years, 6 were as an owner/operator. Putting butter and sour cream out under a light isn't a critical violation. Allowing it to be in a condition that would allow the temperature to rise about 40 degrees and is a minor violation. In all honesty, if an inspector saw that...they would say 1 point and tell you to address it as they moved on. The whole thing sounds like it was handled poorly by the employee and manager. As a manager, if an employee told me that I would laugh and tell them to get over themself. As an employee, you should learn to pick your battles a little better. Sure, you could show your ass, get fired, try to retain a lawyer and sue. It would have to be a fairly bored lawyer to take the case because the payouts would be negligible in the unlikely event you even got a judgment. If, in the back of your mind, you are thinking there would be some great payout because of some massive injustice that took place...that's very naive thinking. Strip all the flower stuff aside and one fact remains...you were given an order by your manager, you refused and will get fired for insubordination. You'll have very little recourse.
and just how long have you been a restaurant server? Servers are exempt from the federal minimum wage laws. so you may want to check your facts again. Some restaurants pay the minimum wage but they are few and far between.
so what's the name of the restaurant? you can pm it if you want to I just want to be sure I don't ever eat there.
Actually with California being an "at will" state they can fire you if they don't like the shape of your nose. it would be up to you to PROVE that they fired you because you "blew the whistle". All they need to say is that you were insubordinate and refused to follow instructions and you are done. you do appear to be doing this for the money not because it is the right thing to do. If you were doing it because it is the right thing to do you would have turned them in already.
Only responding cause i was lurking other threads and this post jumped to the top.
1. check this out, look at number 5, checked my facts turns out I'm right.
2. Since it's documented that I refused to break health code and brought it to the managers attention the rep from OSHA told me I fall under the category of "whistle blower". I'm not doing anything for money, I haven't filed a lawsuit. I haven't reported anything because I'm waiting to hear back from the higher-ups. If I were doing anything for the money there would already be a lawsuit for me losing hours via my suspension. I've spent the last 3+ years at this place of business if I get fired for this bullshit I have virtually no references to be hired at a similar restaurant so I'm out a 60k a year job and I'm not about to take that hit when my grad school tuition is easily 200k.
Well I for one am glad you did what you did. What's funny is people get all pissed off and want to sue a place if they eat and get sick (almost a first thought that comes to mind nowadays) However they will bitch at you if you try to keep them from getting sick. I do agree though that the incident was pretty minor, and I cant really see OSHA doing anything over it, but it's still the principle. I guess you'll have to wait and see what happens and go from there. I know I for one would try to get back at them if they fired me, and I wouldnt care what people thought.
Lol, with that said, with CA being an at wil state, if they do decide to fire you, they can do so very easily. Example.. My wife had this job for 12 years, never missed any work, they all liked here there and even when she was on vacation they would be calling her to get answers. Ok now fast forward. Im diagnosed with cancer and have to go through 7 months of chemo, which I need someone to be there with me (to drive me home etc) So she was taking a 2-3 days off every 3 weeks to take care of me. After a few months, its wearing her down (that plus all the stress, doctors didnt know if I would make it through a major surgery) Anyway as I go see the doctor he can tell she's in pretty bad shape, so he decides to give her time off work until my whole ordeal is done. I get close to my surgery date and her work calls her in. She goes in then comes home pissed. They basically told here you have to come back to work, even though you have a note from the doctor placing you on disability (taking medicine and all) She told them well ok if I come back to work, can I have time off when he does the surgery (pretty major surgery, basically like open heart where I wouldnt be able to do anything for myself for a while) they say no you used all your days. So basically she told them to f-off and let them fire her, and she couldnt do a damn thing about it.
Lol, sorry for the long story, but just goes to show you in an at will state your pretty screwed.
Lol, with that said, with CA being an at wil state, if they do decide to fire you, they can do so very easily. Example.. My wife had this job for 12 years, never missed any work, they all liked here there and even when she was on vacation they would be calling her to get answers. Ok now fast forward. Im diagnosed with cancer and have to go through 7 months of chemo, which I need someone to be there with me (to drive me home etc) So she was taking a 2-3 days off every 3 weeks to take care of me. After a few months, its wearing her down (that plus all the stress, doctors didnt know if I would make it through a major surgery) Anyway as I go see the doctor he can tell she's in pretty bad shape, so he decides to give her time off work until my whole ordeal is done. I get close to my surgery date and her work calls her in. She goes in then comes home pissed. They basically told here you have to come back to work, even though you have a note from the doctor placing you on disability (taking medicine and all) She told them well ok if I come back to work, can I have time off when he does the surgery (pretty major surgery, basically like open heart where I wouldnt be able to do anything for myself for a while) they say no you used all your days. So basically she told them to f-off and let them fire her, and she couldnt do a damn thing about it.
Lol, sorry for the long story, but just goes to show you in an at will state your pretty screwed.
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So you're not going to contact the health department? :nonono:
I read your post. It is full of me, me, me. Glad to see you are looking out for the people that will be affected most. :rollseyes
You are right for California. Most of the 49 other states follow the federal minimum wage guidelines which say if someone is working for tips, the minimum wage is $2.15 as long as the wage + tips equal $7.xx.
most people dont know anything about equal employement and mediation. Well, I say AT LEAST go to a mediator and get some money out of them or get your job back. I had to give $2500 to biggest scum on earth who had 10+ written warnings and all other crap in his file because he complained that he was fired unfairly.
does it matter? either way is fine!
He wasn't fired. Why would he go to a mediator? Also, both sides must agree to mediation. If the restaurant doesn't want to, no one can force them unless it's in his employment contract.
You have not correctly interpreted the law. Whistleblower protection is for those who actually get fired for reporting the violation of law. You were disciplined for failing to follow an order of your superior. If fired based on that occurrence the firing was legitimate. You didnt report the restaurant, nor did you claim that you were going to, therefore you weren't whistleblowing.
LOL at "whistleblower" status in this thread.
1. Like several have already posted, servers can be paid under minimum wage since they get tips. Obviously Cali is different, who is surprised there.
2. So you can make as much as 65k. Great, your in cali. According to CNNs
cost of living calculator, your making the equivalent of about $35k here. Doesn't sound like your making above and beyond what anyone else in the industry is making.
3. Did I not say to report to whoever in your state does take care of things like that? They won't fire you for reporting it, they are going to fire you for something else. I've seen it happen to the hot headed employees where I work who think they know everything. Just go ahead and go work at another restaurant.
Exactly.
Actually, I believe it is $2.13, but it is suppose to go up this month on the 24th to $3.xx. Not that I'm that worried about it, my big pay checks are only like $50. I live off my tips.
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