Help! Ive been screwed over by my boss, wondering the legalities of it and where I stand?

Question

I have been waitressing at an establishment for nearly 3 years. Recently it has been taken over (a few months ago). Since this they have proceeded to treat my collegues badly and reducing the amount of avaliable working shifts/ hours untill they could no longer afford to work at the establishment any longer. Thus forcing them to leave and replacing them with their friends.

Rencently they have badly treated me and prioritize other workers, who have only been employed a few weeks over me, I feel this is unfair (understandably) recently they have dropped my work to one shift a weekend, thus hopefully wanting me to leave.

When I asked why this was they responded by telling me the other person needed the money more than me. It is a high class place and the person below me who has taken all my shifts comes from a millionaire family a.k.a has thousands in the bank. This seems to me an unjust reason. And unprofessional? Also this other worker happens to be a friend of the manager?

Answer 1

Unless you are part of a union, seniority means absolutely nothing in the workplace.  It is completely legal for them to cut hours and adjust their schedule to what they perceive to be the needs of the business.  The owner is allowed to hire his friends and give them all the good shifts.  (Check your state labor laws though.  At least in California, if they cut your hours, you become eligible for partial unemployment benefits to make up the shortfall.)

What is NOT legal is for them to cut your shifts because they don't like you because you are: (fill in the blank) female, older, a member of a certain ethnic group, etc.  If you can PROVE the reason your hours were cut is because of discrimination, then there is a potential legal case.  The reason you should not be discriminated against must be a legally protected characteristic ---- working there longer than the new people won't cut it.  Unfortunately, this is usually impossible to prove and if you start making waves, it's pretty easy for a manager to start writing you up for minor performance issues and then fire you when there are enough write ups.

I've been on both sides of this and can tell you that you are pretty much stuck in a no-win situation.  (Sorry!)  My parents used to own a small music store which I ran for them.  They sold it to a big corporation who brought in all of their own management.  I came with the store and they absolutely did not want me so they messed with my hours, made my daily life h**l, etc until I quit.......and there was nothing I could do about it.  As a manager, I've used the "cut the hours until they quit" tactic a couple of times.  It's passive-aggressive and a crappy thing to do to someone.  But if an employer lays you off, you are eligible for unemployment benefits.  If they get you to quit, you aren't.  That's the game they are playing with you.

In a nutshell: it's time to look for a new job.  For whatever reason, the new management isn't interested in keeping you around.  You can quit on your terms or wait for them to make the decision for you either through no hours or small write ups.

Answer 2

Yes, it's likely unfair.  However, there may not be alot you can do unless other employees are willing to join the fight.

If an employer makes your work life so incredibly unbearable that you have to resign, you can sue them for Constructive Dismissal. Of course, you'd have to be able to prove what they did. However this is a long and drawn out process.  Although you might prevail in the end, you are likely not going to be award millions -- you will get the reasonable wage that you would have earned if you stayed.  The only way you are going to get any portion of your tip money is if you have been claiming that revenue and paying tax on it.  From that settlement, your lawyer will get 40% or so (you do not pay them if you lose).

Unless you feel like 'standing up to the man' and fighting for hte little guy, I recommend that you maintain your dignity and good work record.  Get a reference letter, and find a job elsewhere.  

I know you might not care for that answer, but it is unlikely that bosses like this will magically wake up one day and think "Hey -- it isn't right how we treat our employees!  We should start being more ethical.  And while we're at it, we should adopt some orphans and reduce greenhouse gas emissions."  Bad people tend to be bad people for a lifetime.  Find yourself a great place to work -- it's very rewarding.

Answer 3

I would bail out of there but see if you can do so with a good reference.  There is no way to overcome what happens when the owner starts bringing in their favorite people.