Do the right thing and divulge the name of the restaurant (and/or the
manager); the collective good - or evil - will apply the appropriate
pressures.
(You can send it in l33t hacker speak, - or write a haiku with the first
letter of each line part of the business name - so as not to write it
out explicitly. You could also get a throwaway email address from
hotmail or gmail and just send it to the list.)
John 'I am not a lawyer' Ellingsworth
[email protected] wrote:
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/
----
You are receiving this because you are subscribed to the
list named "UnivCity." To unsubscribe or for archive information, see
<http://www.purple.com/list.html>.
