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Labor Dispute

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artatake

Junior Member
What is the name of your state? New Mexico

I was hired at Denny's Restaurant as a waiter. However the store manager wanted my resume because they were in need of managers, due to my extensive knowledge in that industry and the fact that I owned my own restaurant.

The assistant manager with I had to work started to arras me and make difficulties on my work. Calling me names and told other employees that my name was the name he call me.

On my first two weeks I worked seven days straight the first one and put three double shifts and the second I worked four days and put another two double shifts.

On one of these days my double shift I had to cover for a dishwasher that was fired because he had come to work drunk (it was on Saint Patrick day) that assistant manager told me that I was going to get paid $6.50 an hour instead of the $1.15 an hour I was getting as a waiter.

My time card disappeared and no body could find it. That assistant manager told me not to worried that he was going to take care of it. I did not see my time card for that period.

Wen I got my first pay check for the first two weeks I found out that I was missing hours paid and was nothing of the seven hours I worked as a dishwasher for $6.50 and hour.

Also the first week I was on the job a customer horsing around hit me on my wrist and harm and for the period of three weeks was swallowing and in pain. Wen I reported to that assistant manager he told me that was OK and that I could not have the company take care of it because I was on probation and I was not working for over a month and recommended to go to emergency room but if I missed work he will have to replace me.

Also told me to take that customer to small claims court.

For the next three weeks I ask every day what was going on with my moneys and all ways say that he was going to talk with the store manager.

Then one day he call me to his office and told me that costumers were complaining about my body odor. I told him that it was impossible because I wash my uniform every day and shower every day just before I went to work. I ask him if he smell me offensive and he told me no.

Five days pass and the same manager call me to his office and told me the same think about the body odor. He also said that I was not smelling offensive to him that time.

Then a week latter he fired me with the excuse that he was getting complains from customers about my body odor and that I was making mistakes.

Besides being wrongfully fired I never got paid for the hours I was not paid.

I am about to file charges in US District Court for harassment, prejudice, and malfises.

Can some one tells me in with order I should file these charges on the complain. first complain for relief, second etc.? and were I can find the rules in the internet?

Thank you for your attention on this matter.

Sincerely
 


ecmst12

Senior Member
You can't file charges, but if you think you were discriminated against because of your race/nationality, you can file a complaint with the Equal Employment Opportunity Commission. You can also file for unemployment benefits, you may be awarded them depending how many hours you've worked over the past year (not just at this job). For the unpaid hours, you can file a complaint with your state's Department of Labor.
 

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