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nandogm

Junior Member
What is the name of your state?
Florida

Hi everyone,

I have been very confused with what happened to me a few days ago.
I was working for a little over a month for a restaurant as a server, this restaurant is owned by one of the largest restaurant companies in the US.
I am 21 and I was working as a server to pay for my car, cell phone, insurance, etc...
I might've not been the best server, but I was pretty good at it, I have gotten several compliments from numerous guests, had gotten a perfect score on my 1 month review, etc... everything seemed to be going well, except for a few mistakes along the way, but nothing major - mistakes are normal when you start a job.
Well, last week, I was given a large table (8 people) - they were extremely nice people, they loved me as you will see in the end of this message.
Right after they were sat, I approached the table, they ordered a bottle of wine and a few other drinks. One of my managers had seen me one day "sitting" a heavy tray on the end of the table, he told me that whenever the tray was too heavy that I should get a tray jack and put the tray on top. I went and got all of their drinks, since it was a white wine, they put it inside a marble chiller to keep the temperature of the wine, this chiller is very heavy so, I got a tray jack and I placed the tray on top. As I was on the other side of the table passing out the drinks, the tray fell on the floor, the table I was waiting on, made some jokes and they were saying how weird that was, no one was even close to the tray, etc etc... I went and cleaned the glass that broke and surprisingly the bottle of wine didn't break, the guest took the bottle looked at it against the light and said it was fine... not cracked or broken.
After they got their meal, one of the men at the table told me he thought he cut his finger and he asked me for a free bottle of wine... the table laughed and so did I, as usually people fake things to get free stuff at restaurants. Then he said, go ahead and bring us a bottle of wine, I will pay for it...
I walked up to my bipolar manager, and as I approached her she said in a very rude way: "Listen, I have a party of 30 people coming in right now, SO If it is not important I dont care, if it is important, hurry up and tell me !!!" - I was stunned with her rudeness but I went on and as I started telling her that a few glasses of wine had broke, she cut me off and said: RING IT UP AND I WILL VOID IT LATER - I said, that's not the problem, the man thinks he cut his hand - she said: "Go into the office and get him a band-aid and I will go there later !"
I wanted to tell her that I couldn't just walk to the table with a band aid, he would get mad, I mean, it would make it seem like I was making fun of his "injury" (by the way I have to add that I didn't see any cuts, although he tried to show it me).
I walked up to a kitchen manager and asked her to open the office and get me a band aid. She gave me a couple... I walked to the table and handed it to the man, as I had predicted, he got extremely upset and said: "Dont tell me your manager told you to bring me this band aid !!" I said: "Yes !" - He was furious and the table started saying how rude of her, that she had no costumer services skills whatsoever and they went on and on - I apologized and they kept saying: "It is not your fault ! It was an accident !" - I have to say although they were upset they never treated me bad, on the contrary they were extremely nice and polite the whole time. Towards the end of the meal, they asked me for the check and I said: "Did my manager come here ?" - They told me that she hadn't.
I went and found her and asked her to go talk to them. She did.
I was standing on the other side of the restaurant when I saw her coming towards me. She said my name and said: "Follow me !" - We walked to the table she looked at me and said: "[my name], did you ask me to come to the table ?" - I said: "Yes, I did" - She practically yelled at me in front of the table: "NO YOU DID NOT !" - I wasn't going to argue with her in front of them, first because I was feeling extremely embarassed and humiliated that she would put me on the spot like that and make a big scene in front of guests. The man interrupted her and said: "He (referring to me) was very polite throughout out meal, it wasn't his fault and I am not angry with him, I am angry with YOU for sending a band aid ! He didn't have to tell you that I wanted to talk to you, you should know that if someone is hurt the manager has to come and see what's going on" She said: "Well, I am sorry but I have a table of 30 people that I was taking care of and..." - The man cut her off and pretty much yelled: "I dont care !! You are the rudest person I have ever seen and I will never come back here - which is very unfortunate because I received a GREAT service from him (me) ! The food was great but you are just not the greatest manager, as a matter of fact you are the worst I have ever come across."
One of the ladies at the table added: "And I hope he doesn't get in trouble for your incompetence and lack of ability to deal with problems !"
Just so you can see that they weren't upset with me, he left me $60 dollars (tip) on a $230 check... which is a very high tip, it is over 15% which is an average of what we get per table.
After they left, she called me outside (to the patio) and said she was going to have to let me go because she didn't feel I could handle being a server... when I asked her why ? She said: It is NOT about tonight - it is just that I dont think you can handle the job - and she kept repeating it over and over again. I am sorry, but I graduated from High School with straight A's, I have my whole college tuition paid and she thinks I can't carry a damn tray ? Then she had the guts to tell me after I was crying and everything that "If I felt embarassed that I could exit through the back door" - I felt like I was a criminal.. leaving through the back door ? What was she thinking ? I felt embarassed for her lack of professionalism, questioning me in front of guests and humiliating me in front of everybody and then saying that "I could leave through the back door" - Then after I left in tears, trying to understand what had just happened - She called me on my cell and said: "Well I guess I wont see you anymore - Good luck and good bye !"
Now, to top it all, I have friends who work at the restaurant and they said that she has been saying things about me - they overheard her saying to other servers what a liar I was, that I used to lie to all my tables - etc..
I am just stunned, in shock with the way she handled the situation especially when she put me on the spot like she did. I can't believe that they have someone like that running a restaurant.
My question is: Is there anything I can do legally agaisnt this witch ?
I am so angry not that I got fired, It wasn't the best job in the world anyway, I am angry with the way she treated me and I felt humiliated and now she won't even shut her mouth, she shouldn't be walking around talking about me to other employers.
If there isn't anything I can do to at least get her fired then I am not sure I can trust the justice system in this country, I cannot possibly accept the fact that she still has her job and that she will do that to many others who will just leave and not say a word about it. She is the one who should've gotten fired and not me...
 


rmet4nzkx

Senior Member
Did you get your final pay check?
Have you complained to any management higher than she?
What will the person who gave you the bandaids say?
 
Your manager was certainly unprofessional, and as you stated, a "witch," but unfortunately, that isn't illegal. I don't see that anything illegal has happened here, assuming you received your final paycheck.

However, that doesn't mean you have NO recourse. You certainly can - and IMO should - report her to someone higher up the ladder in management. A District Manager, perhaps.

Also, if you know the name of the customer on whom you waited (did he pay with a credit card?), you might give his name to the person to whom you complain. I wouldn't try to contact the customer myself, but you might provide his name so they can track him down to corroborate your story.

The down side is this: You were a very short-term employee and unless they've had compalints about the way this manager treats employees in the past, you may just be seen as bitter over being fired.

That doesn't mean you shouldn't try. What have you got to lose? Be professional in your communication. Relate the situation as you have related it here. Don't slam anyone. Don't ask for her head on a platter. Just state the facts. If the person who reads the letter is on the ball, they'll know exactly what should happen.

If you haven't received, or don't receive your final paycheck in a timely manner, THAT is illegal and you can file a wage claim with your state DOL.
 

nandogm

Junior Member
Did you get your final pay check?
I haven't, but I am sure It's there, I just have to go get it.

Have you complained to any management higher than she?
I haven't. Although she is not that GM for that restaurant, the G.M. is NEVER there and he wouldn't care...

What will the person who gave you the bandaids say?
Oh I am 100% sure they would talk about how unprofissional she was... they told her that to her face, that's what pissed her off, because they were mad at her and not at me.


Even if there isn't anything illegal about what she did, I still think that she shouldn't have handled the situation the way she did...
So, there are no laws in this country that protect employees agaisnt embarrassment or public humiliation ?

I will go ahead and write a letter to whoever is above her.

You asked about the guest, I remember, he did pay with his credit card, therefore there is a way to find him for sure.
 
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pattytx

Senior Member
So, there are no laws in this country that protect employees agaisnt embarrassment or public humiliation ?
Nope. Just like there is no such protection outside the work environment.
 

nandogm

Junior Member
Everyone says that people sue for everything in America and they always find laws to back them up, but when you have a legit reason to sue, there are no laws to help you. Nice, very nice.

Anyway, thanks for sharing your knowledge with me and I will just write a letter to someone who is above her and hopefully they will do something about it.....

It is sad to know that when someone really fells humiliated they cant do anything about it.....
 

pattytx

Senior Member
Almost anyone can find an attorney who will institute a law suit for nearly anything. That doesn't mean the case necessarily has any merit in the law and won't be thrown out by the court. In the meantime, you have paid an attorney and gotten nothing out of it.

Go ahead and consult a local attorney if you like, but "embarrassment" and "public humiliation" is not something you are likely to get any money for. Everyone is embarrassed and humiliated at some point (or many points) in life.

However, if you feel inclined to write the letter of complaint about this person, feel free. It might help correct her demeanor in the future and, if not, at least you'll feel better. Good luck.
 

nandogm

Junior Member
I know this is going to sound like the biggest lie in the world, but it is the absolute true and you have the option to believe or not:

If there were any laws that allowed me to sue the company I would and It wouldn't be for the money, I wouldn't care and I know myself and I'd probably donate the money If any was given to me.... This wasn't going to be a money lawsuit, it would be a "you wanna be a bit*h, watch being an a$$ho*e lawsuit" :D

Anyway, that's fine, Thanks a lot for your answers... and I will post here again if I find out that she was punished or fired ... :D
 

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