Between a rock and a hard place...
October 9, 2010 6:11 PM Subscribe
I love my job, but hate my employer's illegal employment policies.
I work as a cook in a restaurant. The owner of the restaurant is an immigrant to this country from a central European nation and she seems to have little regard for the laws here. I have worked in many types of jobs, but really love cooking because I love working with food and not having to interact with people very much. However, there are several areas where I believe she is running askew of the law:
1. My boss is skimming money out of my checks. I have gone to her about it three different times and she only put part of the money back on the next checks. I then began tracking my own hours and leaving a personal time sheet on her desk once a week. Recently, she told me not to do that anymore because only she tracks the hours. Now, I have begun documenting the shortfalls on my own at home without her knowledge. I believe if I continue to make an issue of this with her, I will no longer get any paychecks from her because I will be out of a job.
2. She has at least two illegal immigrants working there who are making less than minimum wage. In a restaurant where seven people work, this makes things difficult. On at least one occasion, I have been told that I get the fewest cooking hours because I am a citizen of this country and get paid more than minimum wage whereas her illegal cooks make less than minimum wage ($7 an hour is what she told me at the time).
3. She serves alcohol without a liquor license. Every couple of months, she will hold a catered event at the restaurant where alcohol is included in the bill and served to all the patrons.
I know everyone will probably shout "Quit! Quit! Quit! You don't need this!" I am not even going to argue that point, but I am not currently in a position where leaving my job is a very doable option for a number of reasons. When circumstances improve, I feel sure that I will; but, on the other hand, it seems unfair that I should have to leave when she is breaking the law. I like my job and worked hard to learn it. I like everything about my job except for the fact that I don't get paid for all the time I work.
I have thought about reporting her to the Department of Labor (she has also neglected to hang the mandatory DOL poster that has been in every other workplace I have ever been in), but with so few people employed at the restaurant, I am afraid that she would figure out it was me and either fire me or really make my working life a living hell.
What are my options? What can I expect if I pursue them? Is there any reason to believe I would be eligible to receive my back pay if I report her? Or should I just wait until some time after I quit to report these abuses?
Thank you for any help. I can MeFi mail anyone who wishes to speak more in-depth about my problems, just let me know in your post.
I work as a cook in a restaurant. The owner of the restaurant is an immigrant to this country from a central European nation and she seems to have little regard for the laws here. I have worked in many types of jobs, but really love cooking because I love working with food and not having to interact with people very much. However, there are several areas where I believe she is running askew of the law:
1. My boss is skimming money out of my checks. I have gone to her about it three different times and she only put part of the money back on the next checks. I then began tracking my own hours and leaving a personal time sheet on her desk once a week. Recently, she told me not to do that anymore because only she tracks the hours. Now, I have begun documenting the shortfalls on my own at home without her knowledge. I believe if I continue to make an issue of this with her, I will no longer get any paychecks from her because I will be out of a job.
2. She has at least two illegal immigrants working there who are making less than minimum wage. In a restaurant where seven people work, this makes things difficult. On at least one occasion, I have been told that I get the fewest cooking hours because I am a citizen of this country and get paid more than minimum wage whereas her illegal cooks make less than minimum wage ($7 an hour is what she told me at the time).
3. She serves alcohol without a liquor license. Every couple of months, she will hold a catered event at the restaurant where alcohol is included in the bill and served to all the patrons.
I know everyone will probably shout "Quit! Quit! Quit! You don't need this!" I am not even going to argue that point, but I am not currently in a position where leaving my job is a very doable option for a number of reasons. When circumstances improve, I feel sure that I will; but, on the other hand, it seems unfair that I should have to leave when she is breaking the law. I like my job and worked hard to learn it. I like everything about my job except for the fact that I don't get paid for all the time I work.
I have thought about reporting her to the Department of Labor (she has also neglected to hang the mandatory DOL poster that has been in every other workplace I have ever been in), but with so few people employed at the restaurant, I am afraid that she would figure out it was me and either fire me or really make my working life a living hell.
What are my options? What can I expect if I pursue them? Is there any reason to believe I would be eligible to receive my back pay if I report her? Or should I just wait until some time after I quit to report these abuses?
Thank you for any help. I can MeFi mail anyone who wishes to speak more in-depth about my problems, just let me know in your post.
Lawyer up. Sometimes laws contain incentives for people to blow the whistle. Whether such things apply to your situation only a lawyer in your jurisdiction can tell you.
posted by dpx.mfx at 6:20 PM on October 9, 2010
posted by dpx.mfx at 6:20 PM on October 9, 2010
"Department of Labor" (as opposed to Labour) implies to me that it's the U.S. (as opposed to UK, Canada, NZ, etc.).
posted by scody at 6:20 PM on October 9, 2010 [1 favorite]
posted by scody at 6:20 PM on October 9, 2010 [1 favorite]
I am not a lawyer. But I do know that the one where she's shortchanging your hours is the one most likely to get the state's attention, because that's the one where she's cheating the state. She has to pay payroll taxes based on the number of hours you've worked, and if she says you've worked fewer hours than you have, she's paying insufficient payroll taxes.
posted by KathrynT at 6:24 PM on October 9, 2010
posted by KathrynT at 6:24 PM on October 9, 2010
Pragmatic answer: I have never heard of a restaurant that is not a chain and is not Michelin rated that is fully compliant with US law. If you make an effective fuss about this, you will be fired. If you ever win in a court of law, you will never work as a chef again. None of this is legal, but that doesn't change the fact that it happens anyway.
posted by saeculorum at 6:25 PM on October 9, 2010 [6 favorites]
posted by saeculorum at 6:25 PM on October 9, 2010 [6 favorites]
I have heard good things about the Restaurant Opportunities Center, which is a restaurant workers' group. Even if there is no branch in your city I suspect they will be able to provide you with good advice as to your options.
posted by enn at 6:27 PM on October 9, 2010 [1 favorite]
posted by enn at 6:27 PM on October 9, 2010 [1 favorite]
Start looking and networking, and I would seriously consider dropping the dime on her with the feds. Shorting you == shorting them via SS monies. The longer you work in this environment, the worse it will get for you.
posted by Old'n'Busted at 6:33 PM on October 9, 2010
posted by Old'n'Busted at 6:33 PM on October 9, 2010
If you report her to authorities (for the illegal hiring and illegal pay practices, lack of notices posted from the DOL, selling alcohol without a license), she will almost certainly identify you as the person who reported her.
If you try to play a similar game, by saying something like, "I know that you break x, y, and z laws, but all I'm concerned with is getting paid in full" then she will surely fire you because she's left with little to lose.
If you stay on, and somebody cheaper shows up wanting a job, she will probably let you go (as she has already cut your hours).
I think your best course of action is to document all time worked, as thoroughly as you can because she will say you are lying, try to document all the other criminal activity as best you can, and then work very hard to find another job. After you find another job, burn this bridge to the freaking ground by reporting her to all the applicable authorities for all the offences, and filing for back-wages. But that's just me -- I have little patience for people who would work others for free (which is what's happening, of course, with the hours she's not paying you).
posted by Houstonian at 6:45 PM on October 9, 2010 [4 favorites]
If you try to play a similar game, by saying something like, "I know that you break x, y, and z laws, but all I'm concerned with is getting paid in full" then she will surely fire you because she's left with little to lose.
If you stay on, and somebody cheaper shows up wanting a job, she will probably let you go (as she has already cut your hours).
I think your best course of action is to document all time worked, as thoroughly as you can because she will say you are lying, try to document all the other criminal activity as best you can, and then work very hard to find another job. After you find another job, burn this bridge to the freaking ground by reporting her to all the applicable authorities for all the offences, and filing for back-wages. But that's just me -- I have little patience for people who would work others for free (which is what's happening, of course, with the hours she's not paying you).
posted by Houstonian at 6:45 PM on October 9, 2010 [4 favorites]
This will not get better for you. Either you stay and live with it or you try to change things and don't work there anymore.
You have evidence for ICE, the IRS, the state department of labor, and whoever controls liquor in your jurisdiction. It might be easiest to send a letter to someone on your local city council or to a newspaper.
Since you're unhappy you can perhaps take comfort that she will almost certainly be shut down once this gets out, and you'll need a new job anyway.
posted by SMPA at 6:51 PM on October 9, 2010
You have evidence for ICE, the IRS, the state department of labor, and whoever controls liquor in your jurisdiction. It might be easiest to send a letter to someone on your local city council or to a newspaper.
Since you're unhappy you can perhaps take comfort that she will almost certainly be shut down once this gets out, and you'll need a new job anyway.
posted by SMPA at 6:51 PM on October 9, 2010
To be honest with you, you should either put up with it or quit your job. Few small restaurants owned by an individual follow all those regulations, because when you first start out it is almost impossible to follow all that. I doubt she makes a lot of money... If she does, what I'm writing here is obviously not going to apply, but this is what is like in most situations. I have a close relative that started a small restaurant from scratch with not much money, and let me tell you if the restaurant is not full of customers every day, it's just impossible. My relative happened to be a successful one and follows all the regulations, but only because he can. In this economy, it's hard for a small business to succeed..
Also, if you report her to the authorities, illegals who have been working there would lose their job, she will lose her business or suffer a great loss, and you will lose your job.
I'm not saying you shouldn't to help the illegals keep their jobs, but you really do have to think about the consequences.
So put up with it, or find a different job.
It sucks, but that's the way a lot of things are.
posted by dustoff at 6:55 PM on October 9, 2010
Also, if you report her to the authorities, illegals who have been working there would lose their job, she will lose her business or suffer a great loss, and you will lose your job.
I'm not saying you shouldn't to help the illegals keep their jobs, but you really do have to think about the consequences.
So put up with it, or find a different job.
It sucks, but that's the way a lot of things are.
posted by dustoff at 6:55 PM on October 9, 2010
Quit. I know you don't want to, but your odds of finding a better job are better than you think.
posted by Cool Papa Bell at 7:47 PM on October 9, 2010
posted by Cool Papa Bell at 7:47 PM on October 9, 2010
Honestly, if it were me, I would follow all the good advice given above, with one additional detail - I would inform my illegal alien coworkers beforehand of my plans to report this woman to a federal agency, as I wouldn't feel right about screwing them over worse than they're already being screwed by her.
posted by elizardbits at 8:19 PM on October 9, 2010 [6 favorites]
posted by elizardbits at 8:19 PM on October 9, 2010 [6 favorites]
Find a new job, then quit, then report her to both the liquor control board and the department of labour.
A restaurant I used to work at was skimming from people's cheques, the labour people eventually stepped in and got some back pay for some people (I had quit working there before that, so I wasn't ever involved). Of course, that's likely to be jurisdictionally variable -- my experience was in British Columbia.
posted by jacquilynne at 8:19 PM on October 9, 2010 [1 favorite]
A restaurant I used to work at was skimming from people's cheques, the labour people eventually stepped in and got some back pay for some people (I had quit working there before that, so I wasn't ever involved). Of course, that's likely to be jurisdictionally variable -- my experience was in British Columbia.
posted by jacquilynne at 8:19 PM on October 9, 2010 [1 favorite]
you have the privilege of going out and finding a new job. you have the privilege of calling in the authorities. maybe give just a pause for the people in the kitchen who don't. depending on how you report her and for what, it could have very dire consequences for those not as privileged as you.
what you are seeing is not even a little bit strange in the industry you're in. there are ways to work in restaurants and have everything on the up and up, but not in the situation you've described. decide how much you want to put up with and then make your choice.
posted by nadawi at 8:36 PM on October 9, 2010
what you are seeing is not even a little bit strange in the industry you're in. there are ways to work in restaurants and have everything on the up and up, but not in the situation you've described. decide how much you want to put up with and then make your choice.
posted by nadawi at 8:36 PM on October 9, 2010
Only you can make a decision about how to respond. It might be helpful for you to seek some legal information about your situation. If you MeMi I'll try to give you a referral if there is one slash if I have one.
posted by ClaudiaCenter at 8:39 PM on October 9, 2010 [1 favorite]
posted by ClaudiaCenter at 8:39 PM on October 9, 2010 [1 favorite]
I know some people who work as chefs and it is not impossible to run a place while still following regulations. Not saying it isn't an uphill climb.
In your case, given the history with your salary, it's going to be obvious that it was you who reported her. So I agree with those that say you should try to look for another job, but document everything you can in the meantime. I think you should also at the ver least consult a lawyer if possible to find out your options. Good luck. The kitchen can sometimes be a super tough environment. I once considered going that route myself, but the isolation, the yelling, drinking, and swearing aren't my cup of tea.
I would inform my illegal alien coworkers beforehand of my plans to report this woman to a federal agency, as I wouldn't feel right about screwing them over worse than they're already being screwed by her.
But they have also broken federal law. Maybe multiple times. It would be hypocritical to tip them off but report the owner.
posted by cmgonzalez at 9:19 PM on October 9, 2010
In your case, given the history with your salary, it's going to be obvious that it was you who reported her. So I agree with those that say you should try to look for another job, but document everything you can in the meantime. I think you should also at the ver least consult a lawyer if possible to find out your options. Good luck. The kitchen can sometimes be a super tough environment. I once considered going that route myself, but the isolation, the yelling, drinking, and swearing aren't my cup of tea.
I would inform my illegal alien coworkers beforehand of my plans to report this woman to a federal agency, as I wouldn't feel right about screwing them over worse than they're already being screwed by her.
But they have also broken federal law. Maybe multiple times. It would be hypocritical to tip them off but report the owner.
posted by cmgonzalez at 9:19 PM on October 9, 2010
Just remember that as an immigrant restaurant owner, she is probably making very very little money. What she does is probably necessary. Not saying it's okay, just, or fair, but, remember that. She probably can't afford to comply with the law.
posted by R a c h e l at 9:31 PM on October 9, 2010
posted by R a c h e l at 9:31 PM on October 9, 2010
Here is what is NOT going to happen:
[ring ring]
YOU: Hello, Department of Labor? My boss is being illegal.
LABOR: We'll be right there.
[knock knock]
BOSS: Come in!
LABOR: We are the Department of Labor. We hear you are being illegal. You must stop that.
BOSS: You are right. I am sorry everyone. Here is the money that I owe you, plus a massage chair for the break room.
I'm being a little silly here, but my point is that there is no way that reporting your boss to the appropriate authorities will change her behavior. Suck it up until you find a new job in a more professional environment, then get out of there.
posted by Rock Steady at 9:35 PM on October 9, 2010 [1 favorite]
[ring ring]
YOU: Hello, Department of Labor? My boss is being illegal.
LABOR: We'll be right there.
[knock knock]
BOSS: Come in!
LABOR: We are the Department of Labor. We hear you are being illegal. You must stop that.
BOSS: You are right. I am sorry everyone. Here is the money that I owe you, plus a massage chair for the break room.
I'm being a little silly here, but my point is that there is no way that reporting your boss to the appropriate authorities will change her behavior. Suck it up until you find a new job in a more professional environment, then get out of there.
posted by Rock Steady at 9:35 PM on October 9, 2010 [1 favorite]
I'm a little surprised at all the sympathy for the owner. My parents owned a business too, but they never shorted their employees' pay. Or defrauded the government.
It's not just that she's acting illegally, it's that she treats the OP fraudulently and deceitfully and is also exploiting illegal immigrants. Just because they let her do so does not make it right.
This is not the story of the Noble but Oppressed Business Person Fighting the Odds, but the much less noble story of a someone attempting to benefit themselves by exploiting others and breaking the law. If she cannot run a restaurant without exploiting her workers and defrauding the government, then she shouldn't open a restaurant.
And maybe it's "like that' all through this industry, but that doesn't mean the OP has to go along.
I would also point out that if this woman is ever busted, the OP may find herself answering uncomfortable questions about why she didn't report it.
posted by emjaybee at 9:52 PM on October 9, 2010 [27 favorites]
It's not just that she's acting illegally, it's that she treats the OP fraudulently and deceitfully and is also exploiting illegal immigrants. Just because they let her do so does not make it right.
This is not the story of the Noble but Oppressed Business Person Fighting the Odds, but the much less noble story of a someone attempting to benefit themselves by exploiting others and breaking the law. If she cannot run a restaurant without exploiting her workers and defrauding the government, then she shouldn't open a restaurant.
And maybe it's "like that' all through this industry, but that doesn't mean the OP has to go along.
I would also point out that if this woman is ever busted, the OP may find herself answering uncomfortable questions about why she didn't report it.
posted by emjaybee at 9:52 PM on October 9, 2010 [27 favorites]
There's a lot of inaccurate conjecture on this thread -- I would take up ClaudiaCenter on her offer of a referral, and/or enn's suggestion.
And/meanwhile, check out the Department of Labor's official FAQs on reporting a claim -- via its We Can Help webpage. See especially the questions about confidentiality and the impact of a DOL investigation for immigrant workers.
posted by rdn at 10:03 PM on October 9, 2010
And/meanwhile, check out the Department of Labor's official FAQs on reporting a claim -- via its We Can Help webpage. See especially the questions about confidentiality and the impact of a DOL investigation for immigrant workers.
posted by rdn at 10:03 PM on October 9, 2010
I am not currently in a position where leaving my job is a very doable option for a number of reasons. When circumstances improve, I feel sure that I will
This is a weirdly passive line of thought. You should have been looking for a job since the first time she stole from you (because that's exactly what intentionally short paying you is).
Here's the thing; you're assuming your job will be in danger if you report her. But your job is likely in danger now. You need to start looking now.
The nanosecond you get another job, report her. Thanks to those time cards you've been keeping, you've got some documentation on the short pay, for what it's worth. (If you wait to get fired, reporting her may be seen as just an attempt at revenge by a disgruntled former employee.)
posted by spaltavian at 10:07 PM on October 9, 2010 [2 favorites]
This is a weirdly passive line of thought. You should have been looking for a job since the first time she stole from you (because that's exactly what intentionally short paying you is).
Here's the thing; you're assuming your job will be in danger if you report her. But your job is likely in danger now. You need to start looking now.
The nanosecond you get another job, report her. Thanks to those time cards you've been keeping, you've got some documentation on the short pay, for what it's worth. (If you wait to get fired, reporting her may be seen as just an attempt at revenge by a disgruntled former employee.)
posted by spaltavian at 10:07 PM on October 9, 2010 [2 favorites]
I have worked for a lot of restaurant owners, a few of whom were pretty sleazy, and the few times I ever caught anyone skimming my pay I raised all sorts of hell over it and got my money quickly. I indeed threatened to report them to the IRS and the state, and never once got fired over it, but YMMV. A retaliatory firing would probably make her look worse. I worked a lot of the positions including bartender but never one as important as chef. The time I was in the industry wasn't quite as dominated by immigrant labor as it is now, but the wages were still substandard, and the environment makes it difficult sometimes to stick up for yourself when it comes down to things like ... oh, getting paid on time, or at all. But most of my employers paid me on time and did not skim anything. It's a tough business, but that's always been true, regulations or not. The only problem for many owners is that their prices have to be competitive, which are typically set by the restaurants who hire undocumented workers and/or who pay under the table for everyone.
I also worked for an employer who hired immigrants and used fake SS numbers, not just for the obvious reasons but also so they could work overtime without paying them time-and-a-half. It was a convenience store. I did report her to the franchise as well as INS, but I don't think anything ever came of it, and she didn't know I did. It was a difficult decision, much more difficult than fighting for the wages I earned- that was a no-brainer. Plus, as mentioned before, the IRS and state do care very much about getting the taxes owed to them and will act quickly and decisively. Smart business owners know this, even the sleazy ones, and most won't fight too hard once they know you're serious.
posted by krinklyfig at 10:27 PM on October 9, 2010 [2 favorites]
I also worked for an employer who hired immigrants and used fake SS numbers, not just for the obvious reasons but also so they could work overtime without paying them time-and-a-half. It was a convenience store. I did report her to the franchise as well as INS, but I don't think anything ever came of it, and she didn't know I did. It was a difficult decision, much more difficult than fighting for the wages I earned- that was a no-brainer. Plus, as mentioned before, the IRS and state do care very much about getting the taxes owed to them and will act quickly and decisively. Smart business owners know this, even the sleazy ones, and most won't fight too hard once they know you're serious.
posted by krinklyfig at 10:27 PM on October 9, 2010 [2 favorites]
By the way, the few times I found out my pay was being skimmed by the owner, I not only got my money but quickly found other jobs. That's a huge signal to me that I can't trust the owner to pay the wages I'm legally promised and need to be working for someone else. You have every right to document your hours, by the way. I mean, sure, there are a lot of things that slip by in the business, health and safety codes, undocumented labor, and there limits to what someone can tolerate, but once the owner steals from you it's a different game.
posted by krinklyfig at 10:48 PM on October 9, 2010
posted by krinklyfig at 10:48 PM on October 9, 2010
In my experience, getting a state department of labor involved is slow, but effective. As in, it might take over a year, and require some paperwork back-and-forth, but you can end up with your states Attorney General office handling the case against the employer for you, theatening the owners/managers with jail time and heavy fines. For which they are *personally* liable (i.e. they aren't protected by incorporation, at least in my state). Assuming the case is egregious enough.
Though I'm sure it would go faster if you hire your own lawyer to handle your case, instead of being your state's Department of Labor case #385324.
posted by Hither at 1:46 AM on October 10, 2010
Though I'm sure it would go faster if you hire your own lawyer to handle your case, instead of being your state's Department of Labor case #385324.
posted by Hither at 1:46 AM on October 10, 2010
I'm a little surprised at all the sympathy for the owner. My parents owned a business too, but they never shorted their employees' pay. Or defrauded the government.
Count me in with the sympathy-for-the-owner brigade. Here's why:
The owner, by your own statement, is recently arrived from Eastern Europe, where they don't necessarily have rules about what posters have to be hung on the walls of the break-room. Eastern Europeans have probably never seen a "break" room at work before, let alone decorate it. As far as the poster goes, drop it. Liquor license, too. What do you care if the owner paid some money to our "infallible" government to be "allowed" to sell what she wants on her own premises? Drop it.
Shorting your wages, though, is a different story. Of course, you should be looking for a new cooking job (of which there are many) RIGHTNOW. You should also know what to look for this time around (i.e. do they have computerized time sheets so that there's never a dispute?)
And, lastly, "defrauding" the current American government is not a mark of bad character. It is a mark of being a recent immigrant and not realizing that your profits are considered public property. After all, we lured them here with promises of "getting ahead" and all. No one told them that once they got here and worked their asses off, they would then be responsible for all the actual Americans who opt to live off of other peoples' efforts.
Leave them alone. Quit, find another job, and be happy, but please do not cause any more trouble for a recent immigrant.
posted by deep thought sunstar at 2:09 AM on October 10, 2010
Count me in with the sympathy-for-the-owner brigade. Here's why:
The owner, by your own statement, is recently arrived from Eastern Europe, where they don't necessarily have rules about what posters have to be hung on the walls of the break-room. Eastern Europeans have probably never seen a "break" room at work before, let alone decorate it. As far as the poster goes, drop it. Liquor license, too. What do you care if the owner paid some money to our "infallible" government to be "allowed" to sell what she wants on her own premises? Drop it.
Shorting your wages, though, is a different story. Of course, you should be looking for a new cooking job (of which there are many) RIGHTNOW. You should also know what to look for this time around (i.e. do they have computerized time sheets so that there's never a dispute?)
And, lastly, "defrauding" the current American government is not a mark of bad character. It is a mark of being a recent immigrant and not realizing that your profits are considered public property. After all, we lured them here with promises of "getting ahead" and all. No one told them that once they got here and worked their asses off, they would then be responsible for all the actual Americans who opt to live off of other peoples' efforts.
Leave them alone. Quit, find another job, and be happy, but please do not cause any more trouble for a recent immigrant.
posted by deep thought sunstar at 2:09 AM on October 10, 2010
But they have also broken federal law. Maybe multiple times. It would be hypocritical to tip them off but report the owner.
The value in play here isn't about upholding the law--it's about screwing people over. Further, it's about someone in a position of power screwing over people with relatively less power, for her own gain. Hence it becomes stickier when considering undocumented coworkers.
And truthfully, it's not even about a person with power screwing over people with less power---it's about a person with power screwing over one person, the OP.
When making a decision like this, you don't decide to act on behalf of a law, you act on your own behalf and maybe on others' behalves.
Unless you're Lou Dobbs and have been preaching that other people should hold as a law as a central value and act on it's behalf ---only he didn't either.
posted by vitabellosi at 3:43 AM on October 10, 2010
The value in play here isn't about upholding the law--it's about screwing people over. Further, it's about someone in a position of power screwing over people with relatively less power, for her own gain. Hence it becomes stickier when considering undocumented coworkers.
And truthfully, it's not even about a person with power screwing over people with less power---it's about a person with power screwing over one person, the OP.
When making a decision like this, you don't decide to act on behalf of a law, you act on your own behalf and maybe on others' behalves.
Unless you're Lou Dobbs and have been preaching that other people should hold as a law as a central value and act on it's behalf ---only he didn't either.
posted by vitabellosi at 3:43 AM on October 10, 2010
The owner in this case deserves absolutely zero sympathy. None. I understand that running a small business is hard. I understand that running a restaurant is harder. I understand that Eastern Europe doesn't have the culture of rule of law that the US does.
I don't give two shits about any of that. Why? Because the fact that compliance with the law is difficult is no excuse for not complying with the law. We aren't talking about some irrational War-on-Drugs bullshit, we're talking about the law that says you have to pay your employees for the time they've worked. If you can't find a way to play by those rules, your only option is to stop playing. There is absolutely no justification for skimming your employee's paychecks.
Document everything. Demand your money. If she refuses to pay you, call your state department of labor. They may initiate an enforcement action. If they don't, you need to find an attorney If she figures out it was you and fires you, you have an immediate claim for wrongful termination, as it is highly illegal to fire an employee for exercising their statutory rights. You can get not only your wages, but compensation for the wrongful termination, and it's possible that she could face civil prosecution.
All of that being said... you may want to suck this one up and find another job. Why? Because it may not be worth it. Prosecuting a lawsuit takes time, money, and emotional commitment. Even if you win, I highly doubt you're going to be able to get much out of this asshole--blood from a stone, as it were. She may even be running some kind of fly-by-night operation and simply skip town if legal actions are initiated. Even if you do win, and she doesn't skip town and can afford to pay, you're only looking at the portion of you wages you didn't get, plus some small penalty, so unless she's been shorting you by 50% for months, this isn't likely to represent all that much money in comparison to how long it's going to take to settle this and how much it's going to cost to do it.
So I think what you really need to do is just find a new job. I'm having trouble coming up with a set of facts under which it wouldn't be "convenient" to find another job as a cook in another local restaurant. They're almost always hiring. When you do find a new job, blow the freaking whistle and do everything you can to nail the bitch to the floor.
posted by valkyryn at 4:24 AM on October 10, 2010 [2 favorites]
I don't give two shits about any of that. Why? Because the fact that compliance with the law is difficult is no excuse for not complying with the law. We aren't talking about some irrational War-on-Drugs bullshit, we're talking about the law that says you have to pay your employees for the time they've worked. If you can't find a way to play by those rules, your only option is to stop playing. There is absolutely no justification for skimming your employee's paychecks.
Document everything. Demand your money. If she refuses to pay you, call your state department of labor. They may initiate an enforcement action. If they don't, you need to find an attorney If she figures out it was you and fires you, you have an immediate claim for wrongful termination, as it is highly illegal to fire an employee for exercising their statutory rights. You can get not only your wages, but compensation for the wrongful termination, and it's possible that she could face civil prosecution.
All of that being said... you may want to suck this one up and find another job. Why? Because it may not be worth it. Prosecuting a lawsuit takes time, money, and emotional commitment. Even if you win, I highly doubt you're going to be able to get much out of this asshole--blood from a stone, as it were. She may even be running some kind of fly-by-night operation and simply skip town if legal actions are initiated. Even if you do win, and she doesn't skip town and can afford to pay, you're only looking at the portion of you wages you didn't get, plus some small penalty, so unless she's been shorting you by 50% for months, this isn't likely to represent all that much money in comparison to how long it's going to take to settle this and how much it's going to cost to do it.
So I think what you really need to do is just find a new job. I'm having trouble coming up with a set of facts under which it wouldn't be "convenient" to find another job as a cook in another local restaurant. They're almost always hiring. When you do find a new job, blow the freaking whistle and do everything you can to nail the bitch to the floor.
posted by valkyryn at 4:24 AM on October 10, 2010 [2 favorites]
deep thought sunstar, I can't tell if if you're joking, but I'm pretty sure they don't swing from trees in Eastern Europe. They too have breaks, taxes, and laws. Even if it were the wild, wild east out there, anybody capable of (presumably legally) immigrating to another country and owning a business there is capable of understanding the rules for operating that business, and certainly obligated to follow them.
In any case, while we can't really know what the OP meant by this rather fuzzy term, they said their boss was from Central, not Eastern, Europe, and they did not, as far as I can tell, say that she had come from there recently.
posted by two or three cars parked under the stars at 4:59 AM on October 10, 2010
In any case, while we can't really know what the OP meant by this rather fuzzy term, they said their boss was from Central, not Eastern, Europe, and they did not, as far as I can tell, say that she had come from there recently.
posted by two or three cars parked under the stars at 4:59 AM on October 10, 2010
I'd be worried that the B.S. my boss is getting into would rub off on me and make it harder to find another position in a more reputable kitchen. Given the size and the fact that, as you say, you're one of the few legal workers, it'd be easy for people to think you were complicit if you're still there when the hammer comes down. So even though you said you didn't even want to look for a new job, I'd start doing exactly that.
posted by ob1quixote at 5:35 AM on October 10, 2010 [1 favorite]
posted by ob1quixote at 5:35 AM on October 10, 2010 [1 favorite]
The owner, by your own statement, is recently arrived from Eastern Europe, where they don't necessarily have rules about what posters have to be hung on the walls of the break-room. Eastern Europeans have probably never seen a "break" room at work before, let alone decorate it. As far as the poster goes, drop it. Liquor license, too. What do you care if the owner paid some money to our "infallible" government to be "allowed" to sell what she wants on her own premises? Drop it.
This is crappy advice, based in both ignorance of what the original post said, and grievous ignorance of Eastern and Central Europe. Central Europe implies a near certainty of her country of origin being in the EU and thus privy to workplace regulations often more burdensome to the owner and more employee-friendly than our own. And yes, there are break rooms there! (As well as many perks, including state-mandated paid vacations more generous than what many top executives in America receive. All this with free medical care!)
Personally, whether you like taxes or not, it's still the responsibility of the employer to pay them and to pay a minimum wage to all employees. The worker should care because when the employer does not do this, it shifts more of the tax burden to the worker. Additionally, under-reporting of income can have a negative effect on unemployment benefits, social security payments and so on. Also, the employer is breaking the law (like by illegally selling liquor) in order to enrich herself. Whether you think that's okay or not, she does so while also cheating her employees of the pay they deserve.
Deep Thought Sunstar has an axe to grind that makes his / her response pretty worthless, even beyond his / her lack of knowledge and inability to follow the original post, not to mention his / her weird assumptions. I am an immigrant from Eastern Europe who is in America without having been "lured" in any way. Additionally, America's taxes are less burdensome than those of most every country in Europe, so a lot of his / her whining is based on an imaginary sense of how things are here relative to anywhere else. It's also worth noting that most immigrants to America are grateful for the opportunities offered, see the downsides of America more readily than most native-born Americans . . . and still have no desire to return home or to leave for anywhere else.
posted by Dee Xtrovert at 6:42 AM on October 10, 2010 [11 favorites]
This is crappy advice, based in both ignorance of what the original post said, and grievous ignorance of Eastern and Central Europe. Central Europe implies a near certainty of her country of origin being in the EU and thus privy to workplace regulations often more burdensome to the owner and more employee-friendly than our own. And yes, there are break rooms there! (As well as many perks, including state-mandated paid vacations more generous than what many top executives in America receive. All this with free medical care!)
Personally, whether you like taxes or not, it's still the responsibility of the employer to pay them and to pay a minimum wage to all employees. The worker should care because when the employer does not do this, it shifts more of the tax burden to the worker. Additionally, under-reporting of income can have a negative effect on unemployment benefits, social security payments and so on. Also, the employer is breaking the law (like by illegally selling liquor) in order to enrich herself. Whether you think that's okay or not, she does so while also cheating her employees of the pay they deserve.
Deep Thought Sunstar has an axe to grind that makes his / her response pretty worthless, even beyond his / her lack of knowledge and inability to follow the original post, not to mention his / her weird assumptions. I am an immigrant from Eastern Europe who is in America without having been "lured" in any way. Additionally, America's taxes are less burdensome than those of most every country in Europe, so a lot of his / her whining is based on an imaginary sense of how things are here relative to anywhere else. It's also worth noting that most immigrants to America are grateful for the opportunities offered, see the downsides of America more readily than most native-born Americans . . . and still have no desire to return home or to leave for anywhere else.
posted by Dee Xtrovert at 6:42 AM on October 10, 2010 [11 favorites]
I have a lot of friends in the F&B industry, and the only times I have seen management get into serious trouble with no retaliation against the employees are for skimming wages and alcohol license violations (as opposed to serving a minor and other server-level violations, which gets the server fired on the spot). Unfortunately, as soon as the authorities find out your boss is selling alcohol without a license she will likely be shut down on the spot (this happened to Studio 54 in 1977). So you will quite possibly be out of a job even if you put up with nothing, and if she is shut down you will be unlikely to collect the back wages you are owed. So you might want to consider that when deciding whether to go to your state labor department (assuming you are in the US and that your state's practices in these areas are fairly typical.)
posted by TedW at 7:28 AM on October 10, 2010
posted by TedW at 7:28 AM on October 10, 2010
Here's another thought. The US Dept of Labor has a fact sheet on exactly your pay issue (see especially #11). At the bottom is this:
"The Wage and Hour Division is available to assist. For more information regarding the FLSA, visit the WHD Web site at www.wagehour.dol.gov or call our toll-free help line, available 8 a.m. to 8 p.m. eastern time, at 1-866-4US-WAGE (1-866-487-9243)."
Why not give them a call? Remain anonymous (don't give your name, just city/state, and if you are really nervous then call from a pay phone), and just ask how this usually goes, what kind of documentation you need to collect to prove the hours you worked, and what kind of time limits exist for filing a claim for back wages.
The law protects all of us from these types of abuses, and it does no harm to find out more about exactly how it protects us. In a fireside chat before FDR signed this bill (which at that time guaranteed a minimum wage of 25 cents/hour), he said, "Do not let any calamity-howling executive with an income of $1,000 a day, ...tell you...that a wage of $11 a week is going to have a disastrous effect on all American industry." Your boss is playing an old game if she's claiming that she can't afford to be in business without working people for free. If she can't afford the cost of business, then she should close her business. You are not a volunteer, and she's not running a charity service. You are entitled to pay for every hour you work.
posted by Houstonian at 7:32 AM on October 10, 2010 [1 favorite]
"The Wage and Hour Division is available to assist. For more information regarding the FLSA, visit the WHD Web site at www.wagehour.dol.gov or call our toll-free help line, available 8 a.m. to 8 p.m. eastern time, at 1-866-4US-WAGE (1-866-487-9243)."
Why not give them a call? Remain anonymous (don't give your name, just city/state, and if you are really nervous then call from a pay phone), and just ask how this usually goes, what kind of documentation you need to collect to prove the hours you worked, and what kind of time limits exist for filing a claim for back wages.
The law protects all of us from these types of abuses, and it does no harm to find out more about exactly how it protects us. In a fireside chat before FDR signed this bill (which at that time guaranteed a minimum wage of 25 cents/hour), he said, "Do not let any calamity-howling executive with an income of $1,000 a day, ...tell you...that a wage of $11 a week is going to have a disastrous effect on all American industry." Your boss is playing an old game if she's claiming that she can't afford to be in business without working people for free. If she can't afford the cost of business, then she should close her business. You are not a volunteer, and she's not running a charity service. You are entitled to pay for every hour you work.
posted by Houstonian at 7:32 AM on October 10, 2010 [1 favorite]
She needs you more than you need her. Tell her if she doesn't pay you in 24 hours, you will make a scene in the dining room, you will call the media, you will call the liquor board and the DOL. And if she fires you, tell her you will do all the same. She will pay you.
posted by blargerz at 8:41 AM on October 10, 2010
posted by blargerz at 8:41 AM on October 10, 2010
Yeah, even in Pakistan, where compliance with these kinds of regulations is incredibly, shall we say, lax, the notices from the Revenue and Labour ministries get placed on the wall. I would expect that Central Europe is considerably more stringent...
posted by bardophile at 8:50 AM on October 10, 2010 [1 favorite]
posted by bardophile at 8:50 AM on October 10, 2010 [1 favorite]
This thread is closed to new comments.
posted by dfriedman at 6:12 PM on October 9, 2010 [1 favorite]