A local young adult waited tables at a Center City Restaurant through the
Autumn.
All parties knew the job would end in December because the Waiter had January
commitments..
There were 3 days (18 hours) of training to be paid at minimum wage ($7.15 /
hour) for a total of $135.00
This young person did not keep perfect records, but can reasonably document
about 300 hours of wait-time at $2.83 / hour for another $849.00 so this kid is
owed at least $984.00.
The managers and owners were asked weekly for the paychecks. The waiter was
told "be patient", "don't make waves or we'll fire you, trust us", "look at it
this way, when you finally get your check, it will be a big lump sum”.
In January it became clear that payment was not forthcoming.
When the waiter threatened to "take action", the manager said that the waiter
had reported "zero" on the tips line of the time sheets and was thus "guilty"
of tax fraud. The waiter felt extorted to be complicit in fraud.
The waiter claims. "no one in the restaurant ever explained what the line was
for" and "the manager instructed all waiters to put Zero in that blank". Since
there were at least 8 weeks in which no one from management questioned the
"zero" placed on that line, it strikes me that management was doing nothing to
prevent fraud, but was instead encouraging it and later using this 'evidence'
as a threat to extort money from the staff.
Since it is my nature to attempt to see the entire picture, I asked pointed
questions and got answers which lead me to believe that:
Illegal immigrants work in the kitchen and as busboys.
Under age employees were allowed to drink at the bar.
Employees were permitted to drink while working.
High turnover may have been the result of less patient waiters quitting for
nonpayment.
Management placed cash charges against some waiters (stiffing them for the
money).
Employees took bribes to let non-employees move through the kitchen
(from the back Alley to Broad St).
The owner drinks, at the bar, all day most days.
The drunken owner slapped waitresses on the ass, usually with billing folder
When there were staff shortages, waiters were told to come in, on scheduled
off-days,
(or be fired).
I have personally spoken with the manager and let her know the contempt I feel
for someone who would steal from a kid. I also confirmed that at least one of
the owners is a co-conspirator and not a co-victim of a thieving manager. The
manager says, she believes the kid is "owed something" but has "no authority to
write a check". The owner said, "be patient, a little longer". Note being
paid in 2009 may mean higher tax deduction as the kid had almost no income in
2008, but expects to have a real job for most of 2009.
Obviously this kid is ready to take money owed and move-on.
All I have is the hearsay complaint, of a believable kid.
I am not sure how involved I should get.
How do I help this kid get paid?
There does not seem to be enough money at stake to recommend paying an
attorney, but maybe there could be punitive damages, or a class action.
What should I do to the manager and the owner?
I have told the kid to document tips and report them to the IRS, before April
15.
My instinct is to encourage the kid to file complaints with:
IRS, and city and state taxing Authorities
INS
Do list members agree? Know how to file (where to send the info)?
Have other suggestions?
For example: Could the kid file criminal charges for theft or sexual harassment
or underage drinking on the premises?
Thanks for your time and attention to this matter.
Liz
.
____________________________________________________________
Click to get Medical Insurance options that meet your needs.
http://thirdpartyoffers.juno.com/TGL2141/fc/PnY6rw2PZW9qXgEgIA5FUFfl3NZxASkJwSJ0rpASWaTkyx6dgOLct/
