boiled bones
Junior Member
What is the name of your state? California
I am currently employed at a small retail/foodservice establishment in San Francisco. I have been there for just over a year, but only full time since September. Fairly recently they have hired a new manager, the results of which are that either they want to either force me out, or abuse me in any way they can. I'm trying to understand what they can and can not do. I am also trying to determine if it would be practical to get them to fire me, so I can at least collect unemployment, and the circumstances in which this could happen. This is the foodservice industry, so obviously there are all kinds of shady things going on. I'll do my best to keep the information relevant.
When I was hired, I stated that because of a preexisting condition, I could not work five days a week, nor could I be put under the sort of heavy stress common to restaurants (this is not really at all a restaurant, though it is still food service). I never really had a job title beyond "cook" and operated under a Assistant Kitchen Manager (technically speaking, at least). Since then, they have replaced the Cafe Manager with an Executive Chef / General Manager (again, technically speaking... drop dead drunk is much more accurate). In the last few weeks they have:
Changed my hours to early in the morning, five days a week.
Made me responsible for most aspects of the establishment (not in title, just in action). I seem to be responsible for all food preperation and service, even when I am working with our so-called executive chef as well as our kitchen manager. They mostly drink.
Cut my pay, not in the form of wages, but as a tipped employee, if I'm working when the establishment isn't open, well... there aren't many tips.
Furthermore, there is a huge double standard. The other employees may stroll in hours late, with no repercussions, yet I'm scolded (not in writing) for being a few minutes late. The other employers may walk off whenever they like, for whatever reasons, yet when I try to take five minutes to go to the bathroom, I'm scolded (again, not in writing (they're not so keen on the whole record keeping thing...). This probably has no bearing whatsoever on the situation, but it is obviously a big part of my desire to leave.
I've got a bad feeling that this is all entirely legal. My actual wage hasn't changed since the day I was hired. Since I've never had a real job description, it's hard to say that it's changed, but originally I was solely responsible for assisting in the service of food. In my mind, the word "assisting" means that I'm helping someone else, not doing it all myself. I know it's bad business sense to give someone more responsibility without giving them more money (or, in my case, while cutting it fairly drastically), but I don't know if there's any legal grounds for action. I doubt it, but I'd like the opinion of someone more knowledgeable.
The second part of my question is what can I do to get fired and still collect unemployment? I doubt it makes a difference, but I do work for a heavy alcoholic (who not only drinks on the job, but gets nearly blackout drunk every night, right before driving home...) who is also pretty abusive (on his second day on the job, he was making jokes about putting 'all the arabs in the ovens'...). I wonder if since they have drastically changed what's expected of me, if I don't perform up to those expectations (which I am perfectly capable of, I just have no desire to do so, especially considering all the other circumstances), are those valid reasons for termination?
I've got a feeling that I'm just screwed, but I thought I'd at least try to see if I have any recourse whatsoever. Thanks to anyone who can advise.
I am currently employed at a small retail/foodservice establishment in San Francisco. I have been there for just over a year, but only full time since September. Fairly recently they have hired a new manager, the results of which are that either they want to either force me out, or abuse me in any way they can. I'm trying to understand what they can and can not do. I am also trying to determine if it would be practical to get them to fire me, so I can at least collect unemployment, and the circumstances in which this could happen. This is the foodservice industry, so obviously there are all kinds of shady things going on. I'll do my best to keep the information relevant.
When I was hired, I stated that because of a preexisting condition, I could not work five days a week, nor could I be put under the sort of heavy stress common to restaurants (this is not really at all a restaurant, though it is still food service). I never really had a job title beyond "cook" and operated under a Assistant Kitchen Manager (technically speaking, at least). Since then, they have replaced the Cafe Manager with an Executive Chef / General Manager (again, technically speaking... drop dead drunk is much more accurate). In the last few weeks they have:
Changed my hours to early in the morning, five days a week.
Made me responsible for most aspects of the establishment (not in title, just in action). I seem to be responsible for all food preperation and service, even when I am working with our so-called executive chef as well as our kitchen manager. They mostly drink.
Cut my pay, not in the form of wages, but as a tipped employee, if I'm working when the establishment isn't open, well... there aren't many tips.
Furthermore, there is a huge double standard. The other employees may stroll in hours late, with no repercussions, yet I'm scolded (not in writing) for being a few minutes late. The other employers may walk off whenever they like, for whatever reasons, yet when I try to take five minutes to go to the bathroom, I'm scolded (again, not in writing (they're not so keen on the whole record keeping thing...). This probably has no bearing whatsoever on the situation, but it is obviously a big part of my desire to leave.
I've got a bad feeling that this is all entirely legal. My actual wage hasn't changed since the day I was hired. Since I've never had a real job description, it's hard to say that it's changed, but originally I was solely responsible for assisting in the service of food. In my mind, the word "assisting" means that I'm helping someone else, not doing it all myself. I know it's bad business sense to give someone more responsibility without giving them more money (or, in my case, while cutting it fairly drastically), but I don't know if there's any legal grounds for action. I doubt it, but I'd like the opinion of someone more knowledgeable.
The second part of my question is what can I do to get fired and still collect unemployment? I doubt it makes a difference, but I do work for a heavy alcoholic (who not only drinks on the job, but gets nearly blackout drunk every night, right before driving home...) who is also pretty abusive (on his second day on the job, he was making jokes about putting 'all the arabs in the ovens'...). I wonder if since they have drastically changed what's expected of me, if I don't perform up to those expectations (which I am perfectly capable of, I just have no desire to do so, especially considering all the other circumstances), are those valid reasons for termination?
I've got a feeling that I'm just screwed, but I thought I'd at least try to see if I have any recourse whatsoever. Thanks to anyone who can advise.