Harassment and negligent retention

[Boughten27]

New York


Hello. I am a female server in one of the most prestigious restaurant chains on the East Coast. I work in one of the New York City branches, and have a question concerning my rights. There are two managers at my job, one of which is usually extremely intoxicated and threatens staff members either verbally or physically. He usually demands that the bartenders give him alcohol and once drunk has been known to say things such as "I'm going to kill her", "she's a stupid bitch", "would you like to go outside and fight" and he even yells at guests. Upper management has been notified countlessly but he is still employed and is still on a rampage. I have all incidents involving me recorded.
The other manager in question is sexually harassing some of the female staff, and doles out preferential treatment such as better sections on the floor plan, and overall favoritism depending on his "relationship" or lack thereof with said employees. I have these incidents documented and have formulated a list of employees involved. This is not a safe environment and no one seems to do anything about it. I have proof of reaching out to the powers that be but to no avail. Recently, the second manager told on me for drinking a glass of wine at work while he was ALSO drinking with a server he sleeps with the very same night and she, of course, was not incriminated. This led to sending me home without pay and a very serious interaction with corporate which almost ended in my termination. Coincidentally this occurred two days after he texted me at 3am and confronted me the next day for not answering....
I feel forced to stay here (financial reasons), but feel I must stand up for myself and the others involved. Do you think I qualify for legal representation, and if so, is this a case that is winnable?

Thank you. Very much.

 

[Ohiogal]

New York


Hello. I am a female server in one of the most prestigious restaurant chains on the East Coast. I work in one of the New York City branches, and have a question concerning my rights. There are two managers at my job, one of which is usually extremely intoxicated and threatens staff members either verbally or physically. He usually demands that the bartenders give him alcohol and once drunk has been known to say things such as "I'm going to kill her", "she's a stupid bitch", "would you like to go outside and fight" and he even yells at guests. Upper management has been notified countlessly but he is still employed and is still on a rampage. I have all incidents involving me recorded.
The other manager in question is sexually harassing some of the female staff, and doles out preferential treatment such as better sections on the floor plan, and overall favoritism depending on his "relationship" or lack thereof with said employees. I have these incidents documented and have formulated a list of employees involved. This is not a safe environment and no one seems to do anything about it. I have proof of reaching out to the powers that be but to no avail. Recently, the second manager told on me for drinking a glass of wine at work while he was ALSO drinking with a server he sleeps with the very same night and she, of course, was not incriminated. This led to sending me home without pay and a very serious interaction with corporate which almost ended in my termination. Coincidentally this occurred two days after he texted me at 3am and confronted me the next day for not answering....
I feel forced to stay here (financial reasons), but feel I must stand up for myself and the others involved. Do you think I qualify for legal representation, and if so, is this a case that is winnable?

Thank you. Very much.

Have you informed human resources in writing of your concerns? I will say however that YOU did drink a glass of wine at work and there would have been nothing wrong with you being fired for that. You cannot excuse your wrongdoing with what is going on. If you can pay an attorney, you qualify for legal representation.

 

[Proserpina]

New York


Hello. I am a female server in one of the most prestigious restaurant chains on the East Coast. I work in one of the New York City branches, and have a question concerning my rights. There are two managers at my job, one of which is usually extremely intoxicated and threatens staff members either verbally or physically. He usually demands that the bartenders give him alcohol and once drunk has been known to say things such as "I'm going to kill her", "she's a stupid bitch", "would you like to go outside and fight" and he even yells at guests. Upper management has been notified countlessly but he is still employed and is still on a rampage. I have all incidents involving me recorded.
The other manager in question is sexually harassing some of the female staff, and doles out preferential treatment such as better sections on the floor plan, and overall favoritism depending on his "relationship" or lack thereof with said employees. I have these incidents documented and have formulated a list of employees involved. This is not a safe environment and no one seems to do anything about it. I have proof of reaching out to the powers that be but to no avail. Recently, the second manager told on me for drinking a glass of wine at work while he was ALSO drinking with a server he sleeps with the very same night and she, of course, was not incriminated. This led to sending me home without pay and a very serious interaction with corporate which almost ended in my termination. Coincidentally this occurred two days after he texted me at 3am and confronted me the next day for not answering....
I feel forced to stay here (financial reasons), but feel I must stand up for myself and the others involved. Do you think I qualify for legal representation, and if so, is this a case that is winnable?

Thank you. Very much.

It's not illegal to call you names, and it's not illegal to treat certain employers better than you - even if they're being treated better because they're involved in swapping "favors" with the staff. It's also not illegal to report you for drinking, and not report your co-worker.

What is it you wish to accomplish?

You speak about proof - what is this proof?

 

[commentator]

If this person is sexually harassing you, you need to discuss the situation and make your concerns and issues known to higher management. What you perceive as his sexual harassment of others, in other words, giving the better tables to the people who flirt with him or put out, or whatever, that harassment is not yours to call. Unfairness in the workplace is not illegal.

As far as the yelling at you cursing you threatening you, etc., that's all legal. If they had fired you for drinking a glass of wine on the job, that would've been legal, even if everyone else in the place had been drinking a glass of wine. In short, there are no laws that protect you from being treated unfairly or abusively on the job. If you do not like it, you can go elsewhere, but if you talk to an attorney, they'll pretty much tell you the same thing. Most of what you describe is nothing close to actionable in an EEOC complaint, or an OSHA complaint, and that's about all you can legitimately complain about on the job.

 

[LdiJ]

If this person is sexually harassing you, you need to discuss the situation and make your concerns and issues known to higher management. What you perceive as his sexual harassment of others, in other words, giving the better tables to the people who flirt with him or put out, or whatever, that harassment is not yours to call. Unfairness in the workplace is not illegal.

As far as the yelling at you cursing you threatening you, etc., that's all legal. If they had fired you for drinking a glass of wine on the job, that would've been legal, even if everyone else in the place had been drinking a glass of wine. In short, there are no laws that protect you from being treated unfairly or abusively on the job. If you do not like it, you can go elsewhere, but if you talk to an attorney, they'll pretty much tell you the same thing. Most of what you describe is nothing close to actionable in an EEOC complaint, or an OSHA complaint, and that's about all you can legitimately complain about on the job.

I absolutely agree with this.

However, even if the behavior is not illegal, that doesn't mean that corporate might not be unhappy with that kind of work climate in one of their stores. If the complaints have properly been submitted to corporate, through proper channels, and nothing has been done, then yes, the only solution is to get another job elsewhere.