Do I Have Rights..?

[JenBowles]

What is the name of your state (only U.S. law)? Virginia. This may or may not be a legal issue, but how do I protect myself from verbal harassment in the workplace? My boss is a complete tyrant and tells me that he's tired of dealing with my "estrogen" and curses at me relentlessly. He makes comments about my sexual orientation that make me extremely uncomfortable, he tells the kitchen staff to "smack" my "culo?" (I'm assuming it's Spanish for butt). He tells, in vivid detail, of his sexual encounters with women. If anyone so much as attempts to speak up for themselves, they are mercilessly cursed out. I left work today in tears from the verbal abuse. Not to mention, I work 12 hour shifts with no breaks to eat. I don't even get a paycheck, I work solely for tips (needless to say, I'm a waitress). I know I have no witnesses, because everyone is afraid of losing their jobs. But, do I have any rights here?

 

[Antigone*]

What is the name of your state (only U.S. law)? Virginia. This may or may not be a legal issue, but how do I protect myself from verbal harassment in the workplace? My boss is a complete tyrant and tells me that he's tired of dealing with my "estrogen" and curses at me relentlessly. He makes comments about my sexual orientation that make me extremely uncomfortable, he tells the kitchen staff to "smack" my "culo?" (I'm assuming it's Spanish for butt). He tells, in vivid detail, of his sexual encounters with women. If anyone so much as attempts to speak up for themselves, they are mercilessly cursed out. I left work today in tears from the verbal abuse. Not to mention, I work 12 hour shifts with no breaks to eat. I don't even get a paycheck, I work solely for tips (needless to say, I'm a waitress). I know I have no witnesses, because everyone is afraid of losing their jobs. But, do I have any rights here?

Does your boss report to anyone? Is there a chain of command?

 

[cbg]

Or an HR office? Even one at corporate headquarters?

 

[LdiJ]

What is the name of your state (only U.S. law)? Virginia. This may or may not be a legal issue, but how do I protect myself from verbal harassment in the workplace? My boss is a complete tyrant and tells me that he's tired of dealing with my "estrogen" and curses at me relentlessly. He makes comments about my sexual orientation that make me extremely uncomfortable, he tells the kitchen staff to "smack" my "culo?" (I'm assuming it's Spanish for butt). He tells, in vivid detail, of his sexual encounters with women. If anyone so much as attempts to speak up for themselves, they are mercilessly cursed out. I left work today in tears from the verbal abuse. Not to mention, I work 12 hour shifts with no breaks to eat. I don't even get a paycheck, I work solely for tips (needless to say, I'm a waitress). I know I have no witnesses, because everyone is afraid of losing their jobs. But, do I have any rights here?

First, what you are describing is definitely sexual harassment. Second, its completely illegal for someone to work for tips only. You can certainly report him to the EEOC, and the DOL and the IRS. You can cause him all kinds of grief and even perhaps get some small amount of money out of him (the wages he should have paid you) but the one thing that you won't be able to do, is to continue to work for him. The type of person you are describing would not be safe to work for after all that comes down on his head...and he might end up out of business anyway.

 

[commentator]

Yes, in this situation, run away, immediately. You have very few formal rights because it sounds as though he is working you under the table (which is where you are liable to end up in more ways than one!) not reporting your wages or taking out taxes on you. So this is a very fly by night operation, your job with him is very informal. He's not at all interested in following the wage and hour rules. And he has figured out that your level of desperation enables him to abuse you, and he certainly is.

He is violating wage and hour law. He is probably not taking out taxes on his employees. He is very likely not taking out state unemployment taxes. And I would not even bother to ask him about it, because he'll lie freely. But I would report him to the Department of Labor, wage and hour, and also file a complaint with the EEOC regarding his sexual harrassment. In fact, if he smacks, or tells another employee and they smack your 'cholo" or whatever, a charge against him for assault (call the police) should be your last act before you leave this dreadful job.

Get out of this. Get another job as quickly as you can. Because this can and probably will escalate as he tries to see just how much you will accept.

 

[las365]

Does the company have more than 15 employees? If not, then the EEOC can't consider your sexual harassment claim even though the conduct you describe certainly meets the definition and creates a hostile work environment. (side note: a REAL, illegal hostile work environment created by illegal conduct, not the legal kind so often complained of hereabouts)

When you say you work "solely" for tips, do you mean you make $2.13/hour and your tips are what you rely on for a living wage? If you don't make $7.25/hour with your tips, does your employer make up the difference?

 

[LdiJ]

Does the company have more than 15 employees? If not, then the EEOC can't consider your sexual harassment claim even though the conduct you describe certainly meets the definition and creates a hostile work environment. (side note: a REAL, illegal hostile work environment created by illegal conduct, not the legal kind so often complained of hereabouts)

When you say you work "solely" for tips, do you mean you make $2.13/hour and your tips are what you rely on for a living wage? If you don't make $7.25/hour with your tips, does your employer make up the difference?

No...she means she doesn't get a wage at all...just tips...unfortunately its all too common in privately owned restaurants. Even in corporate restaurants, its all too common for the managers to claim the employees made tips sufficient to reach 7.25 an hour even if they did not. I have busted multiple managers at corporate restaurants for that, with corporate first, and with the IRS if corporate didn't fix the problem. I have also busted multiple privately owned restaurants as well with the IRS.

I get on my soapbox about these sorts of things but I simply cannot tolerate employers taking advantage of people who need a job so desparately that they are willing to accept those kinds of conditions. Its appalling.

 

[commentator]

No...she means she doesn't get a wage at all...just tips...unfortunately its all too common in privately owned restaurants. Even in corporate restaurants, its all too common for the managers to claim the employees made tips sufficient to reach 7.25 an hour even if they did not. I have busted multiple managers at corporate restaurants for that, with corporate first, and with the IRS if corporate didn't fix the problem. I have also busted multiple privately owned restaurants as well with the IRS.

I get on my soapbox about these sorts of things but I simply cannot tolerate employers taking advantage of people who need a job so desparately that they are willing to accept those kinds of conditions. Its appalling.

Right on! After many years of working with employers, I honestly have to say that I cringe each time I hear the private sector begging to be freed from the burden of federal oversight and set free to "create jobs." Because I have seen so many dreadful greedy employers who were cheating and abusing employees unbelievably. The only thing that keeps our employment atmosphere half decent is the threat of federal intervention.

I have nothing against legitimate business people trying to make a go of it, but you are not supposed to do that by abusing your employees. This person needs to get away from this situation as quickly as she possibly can.