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I've been working at a small restaurant for eight months. A few months ago, there was a change in ownership. On December 14, we had a meeting with the new managers who had us fill out applications as if we were new and said they'd be conducting interviews. Those who 'passed' the interview would be kept. I was never interviewed.

The restaurant has a set schedule, where everyone has the same shifts and times every week. I had gone on vacation for two weeks (which everyone knew about, I couldn't stop talking about it) and had my shifts covered for those two weeks. When I came back, I wasn't on the schedule. I spoke with the manager and took over an employee's shift who had just left to have a baby. Everyone knew I took her shift, obviously including the manager who set it up, yet the new manager wasn't writing it on the schedule. Every week when I'd come in, he'd ask me or someone else why I was there. Suddenly, one week, his wife was on the schedule in my place and I was told to go home after an hour on January 9th.

January 16, the owner called me and said there was no room on the schedule for me. He said I could 'wait it out' and see what happens.

Two weeks later, one of my coworkers (who is a neighbor) bumped in to me and told me I had two checks at work. She said I should get them fast because everyone's checks are bouncing. I came in the next day (today, January 28th) to pick them up. The owner greeted me with 'sorry about the bad news' and asked if I needed my W-2. He told me not to deposit the checks for a few days because everyone's checks were bouncing.

I went straight home, called the Labor Board, and was told to get to the issuing bank and get it in writing that there were insufficient funds, then file a wage claim. Luckily the checks only equaled about $40 and there were enough funds available to cash out.

The Labor Board rep also told me that not working for three weeks means I'm no longer working there, even if I didn't get it in writing, so I should file unemployment. I did right away.

I got a call a few hours later from the owner saying he 'may have something for me' and that I need to come to the meeting in four hours. If I don't come to the meeting, it means I'm not interested in the job. I'm not going to be able to make it because I have prior arrangements to actually make money elsewhere.

This guy has beyond sketchy business practices. His wife, who is collecting unemployment, uses his clock-in number to work under the table. Everyone is losing their hours so that his family can work instead, including his kids who have no restaurant experience. I really don't want to work at this place anymore and have been interviewing for new jobs. I don't want to go back to this chaos, but in turning it down, I think I may become ineligible for unemployment. I feel I deserve compensation for this guy putting me out like this. I mean, no work for three weeks, and suddenly he gets word of my claim and he wants me back? I was essentially laid off, which is not my fault and makes me eligible for unemployment, and he knows it.

Call me vindictive, but I don't want to get screwed by this guy anymore. (And yes, I've already reported him and his wife to EDD.)

 

I can't get a hold of the Labor Board again until tomorrow, so in the mean time, what do I do? Better, what would you do? Best case scenario is not working there anymore and collecting unemployment until I can get hired elsewhere. How do I do that?

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You need to talk to the unemployment office about weather skipping the meeting would take away your unemployment. Unemployment is different in every state, so we really can not tell you what to do. Talk to them about it, and talk to the Labor Board and put in a formal complaint, in writing. My ex had a job where they bounced a couple of his checks and/or would tell the employees that paychecks were delayed until the next week. It is NOT ok! If you can not afford to pay your employees, you can not afford to have a business at all, and you need to shut down. Shady people are trying to get away with all sorts of cr*p like this, and it needs to be reported because it is not right! My sister is fighting a daycare center that she use to work for because they owe her an entire month worth of pay (they got paid once a month), she quit right before payday and went in to get her check the next week and they said they didn't have it. Where she lives, if they do not pay her within a set amount of time, the Labor board is suppose to go rain down h*ll on them, and she can actually sue.

 

Employers abusing employees is a pet peeve of mine... my friend works for a hotel, and the hotel was privately owned, it was bought out by a HUGE company and they had all of the employees reapply for there positions. She had several weeks worth of vacation and sick hours saved up, and they gave her a month to use it in before her old job was officially "terminated" and her new job started. She had to do another drug test screening, another round of interviews etc, competing for the job that she had for years against just anyone in or out of the company that wanted it. In the end, they kept her, but they rehired her as if she was starting as a new employee (they did this to everyone), so the employees lost there health insurance, vacation time, sick time, all of the benefits that it takes time to earn. And then, because she was a first year employee, she didn't qualify for any vacation time until she had been there for over a year. Half a year later, they flipped the hotel and another company bought it, and did it all over again to all of the employees.

 

I write all of this because bad employers P*SS me off! If you are working for your money and making an effort, and your employer is being shady and having his wife on unemployment working under the table, that is not right! Report report report! And do a LOT of follow up, just calling to see if the Labor Board has taken any action yet (even if they seem annoyed). This guy should have to pay for what he is doing!

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The thing is, you noticed things were changing on DECEMBER 14.

The smart thing to do would to have been kiss ass & keep in touch, keep in touch, keep in touch.

When a small business undergoes new management you have to realize that you are nobody & nothing to them... You have to MAKE yourself someone & something.

It's not fair, no, but you're not important to these new owners.

As harsh as it sounds, when they were making the schedule, they were prob like WHO THE HELL IS SHORTCHICA?

The fact that you went on vacation was just bad timing.

I'm going on vacation soon & I plan to keep in touch while I'm gone... Not because I give a care about my co workers, but because it's VERY easy to get forgotten.

That being said, this was a very crappy, unfortunate, & annoying situation for you to go through, but I think it's a waste of time to pursue legal actions.

The only thing I would do would be organize my unemployment, but that will differ from state to state so you'll simply have to make those calls.

You need a job, lol... Devote your time to finding one of those rather thanmaking phone calls to the labour union or whatever.

That's just how I would approach it... I'm not out ot change the world or teach anyone a lesson when that lesson involves the legal process... Too time consuming, lol.

Also, I'd prob tell the boss to go f himself.

You don't want to work there... You're probably not going to get back in anyway so the next time he extens one of these half assed offers to come back I'd say thanks but you're a sketchy fellow and i'll go elsewhere lol

Might as well get a little bit of frustration out then start the job hunting process.

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I would totally not go back if you can still get unemployment, and you just need to talk to unemployment about that as Jennifer said. It sounds like it could go under in a few months anyway, and if it doesn't, it won't be a pleasant place to be. Since you're making money elsewhere, I assume you have some other source of income? You should definitely go do that instead of going to this meeting, UNLESS you will lose your unemployment if you don't go to the meeting.

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Don't go back, the owner is hoping he can "bribe" you into not continuing the matter with the Labor Board. Or worse he's trying to set you up, so he can claim you weren't let go at all and the "proof" is you coming back in. Either way I would not go in, report what he tried to do ASAP to the Labor Board and continue with your actions against them. Slimy beyond words and it will get worse. And do not go back to work for them or "cut a deal" with the guy, because the minute the Labor Board is off his back he will dream up some bogus reason for firing you. Pursue your action with them, make them pony up for the unemployment and urge anyone else you talk to at the company who's getting screwed over to also report the owners. It's completely dishonest what they're doing and I've seen this before where someone will swoop in on a business, drain it quickly for whatever cash they can get including the employees hard-earned cash, then let the business burn and declare bankruptcy so they don't have to pay anyone's legal fees or judgments. Then they move on to the next target.

 

Don't work for them, collect your unemployment, report their sorry cheating butts and move on. I'm so sorry this has happened to you, but don't let the guy's attempts to buy your silence or trying to sabotage you in some way stand in the way of making sure he gets what's due to anyone who tries to cheat their employees out of work and wages.

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Not sure if the highlighted part applies to small business, small business survive because of the product they offer and "personalized" customer service.

 

OP should take whatever legal action she can. Someone has to start reporting these bad business owners to the legal authorities; otherwise they will keep taking advantage of their employees.

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Not sure if the highlighted part applies to small business, small business survive because of the product they offer and "personalized" customer service.

 

OP should take whatever legal action she can. Someone has to start reporting these bad business owners to the legal authorities; otherwise they will keep taking advantage of their employees.

 

Yes! This isn't Sears taking over K Mart, this is a mom and pop's, and the take over should be way more civilized then that.

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The business also has to pay if you are awarded unemployment. They probably got a call from unemployment and/or the labor board, freaked out and called you. It was save them money to put you on once a week vs fighting the labor board and paying unemployment. And you unemployment checks won't bounce.

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Yes! This isn't Sears taking over K Mart, this is a mom and pop's, and the take over should be way more civilized then that.

 

Er... Mom and pops have done well by THEIR family.

The OP said the entire family is working.

I'm Greek & all of my friends own restaurants & I'm sorry, but we'll cut a person's hours (who isn't family) when one of our relatives come to visit for 6 months, lol.

It doesn't effect the business because the service is still the same, just the server is different.

This is why so many people in this industry are "part-time" with FULL time hours...

THe employers do it so they can fugde numbers, staff, etc.

The management in this case, however, seems more than family orientated.

Smells liek money laundering haha

I'm sorry it happened, it's frustrating, but I, personally, woulnd't bother to change the world over it.

Id' get my money & my payback & move on.

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