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Discrimination or something?

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rebelagent

Junior Member
What is the name of your state (only U.S. law)? California

Recently was hired by a popular pizza chain for assistant manager. In the interview he asked the usually questions as well as "Do you speak spanish" I answered I only understand some of it since my family is mexican but I never learned to speak it. He nodded.

I was hired the next week

I later overhear my co-workers talking about how I don't speak spanish and how I'm the new asst manager. They go on to say other things I don't understand but the the manager (my boss here) was talking with them.

At one point during my first month of work he had me speak to the drivers to request the money and credit card reciepts. I asked them in English. He basically scolded me in front of everyone and was like "No! THEY DON'T SPEAK ENGLISH. THEY WON'T KNOW WHAT YOU'RE SAYING. SPEAK SPANISH" The guy who had hired me was there but didn't even do anything. He knew I only understood some of the language. I told him what I told my interviewer "I only understand some spanish because I was raised around some spanish speakers. I don't know how to speak it. At least enough to ask that."

Aside from that the driver clearly understood me and was already handing me money and the credit card stuff. In english he even said "I understand".

Also they told me about a week and a half in I'm on what they call "probation".
I was also supposed to get 2 books when I started, that taught me how to be an asst manager. I didn't get those until this week.
The only reason I got those books this week is because there was a regional meeting/test and the test was on those books I was to read.
I requested them almost twice a week and never got them until the day of the test.

So I go in today July 12th and he tells me I've been demoted to driver because I can't speak spanish and until I learn spanish I can't do anything more.

:confused: is this okay? I mean the other employees told me I don't need to know much spanish since most of the orders are in english. And even if I get orders in spanish I know the toppings and sizes and most of the script they gave us. The other employees tell me he's an idiot and doesn't know what he's doing and is probably doing this because he doesn't know English that well and doesn't want an assistant he can't communicate with. Driver's make more than the asst manager (because of tips) but are paid less hourly and certainly doesn't make my resume look any better.

I was given a position that didn't state I needed to know spanish. It clearly stated it was a "Bonus" the only time I was told to learn any sort of spanish was when I was given a script (which I also had requested numerous time and was received it just last week) and when he confronted me with the spanish speaking driver.

Also he told me as an asst manager I'm responsible for the in store cash register. If any money is missing it comes out of my pocket. I know this is illegal unless he can prove I stole it or planned to have it stolen. Is there any loophole that he can get through to still make that legal? I almost had to to pay $75 one night. I barely make $200/wk with the odd schedule I have now. I plan on quiting but I had another job that I dropped this job for because of the position. I heard almost everyone there was hired as an asst manager! But they were demoted or decided to work at a lower position because of how dumb the manager is. I kind of think they lure you in with the asst manager job and then purposely demote you just to get you to work there longer? I have no idea I'm just furious right now.
 
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Banned_Princess

Senior Member
this is a stupid long story. Please shorten it if you can (by removing rantings and feelings)

thank you.


What is the name of your state (only U.S. law)? California


Also he told me as an asst manager I'm responsible for the in store cash register. If any money is missing it comes out of my pocket. I know this is illegal unless he can prove I stole it or planned to have it stolen. Is there any loophole that he can get through to still make that legal? I almost had to to pay $75 one night. I barely make $200/wk with the odd schedule I have now. I plan on quiting but I had another job that I dropped this job for because of the position. I heard almost everyone there was hired as an asst manager! But they were demoted or decided to work at a lower position because of how dumb the manager is. I kind of think they lure you in with the asst manager job and then purposely demote you just to get you to work there longer? I have no idea I'm just furious right now.
If in this paragraph you are insinuating that you cannot be fired over the draw that you are responsible for comes up short, then you are mistaken.
 
It took some time, sigh, but I made it through your story. I do not think you have a case. Even if you did, what would you do about it? It probably would not be worth your time, money, or effort to pursue a legal action. You are just working a crappy job. We've all been there. Suck it up and find something else. Good luck!

Banned Princess is correct. You can be held accountable for the drawer being short. It is to prevent you and other agents from walking out with their money.
 

rebelagent

Junior Member
this is a stupid long story. Please shorten it if you can (by removing rantings and feelings)

thank you.




If in this paragraph you are insinuating that you cannot be fired over the draw that you are responsible for comes up short, then you are mistaken.
Sorry about that. Aside from that I thought I read on some sheet from the labor laws that I can't be held responsible for it especially since I'm not the only one in the register and I don't have an eye on it all day. All I do is collect the money twice a day and place it into a safe. I'd understand if it was only me in the register.

Oh well like I stated above I'll stick it out until I get something better. I thought I might've had something because of the spanish thing when clearly the understood that I didn't.
Thanks.
 
Yeah, the bosses being mad at you because you cannot speak Spanish is not actionable. It just sounds like your bosses are incompetent. Best of Luck!
 

Beth3

Senior Member
Nothing in your post indicates any prohibited discrimination is taking place. If they want Assistant Managers to be able to speak Spanish, they can require that. Knowing multiple languages is a skill that anyone can learn.

No, they cannot dock your paycheck because the cash drawer is short.
 

rebelagent

Junior Member
I just want to get this fixed because I feel it's unfair what they're doing at my workplace.

Many current employees were once assistant managers that were demoted for numerous reasons many being "You cant speak english" or "You cant speak spanish"

When clearly the interviewer (supervisor) knew these things before hand.

Additionally I've been told by a few people that it's illegal to hire someone at a certain rate and then reduce their pay by so much without written notices.

I went to a union (SEIU) and they said I had an arguable case because the job description states "Spanish a Plus" and because they're now requiring me do EVERYTHING including being a driver.

Not to mention they said they've violated a few laws by not posting the required workplace postings and other things? I suppose I'll keep going through them until this is worked out. I'll be quitting at the end of the month but I don't want more people to waste their time here. They even failed to give me appropriate break times.
 
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pattytx

Senior Member
However, my recollection is that California treats "pay this out of pocket" the same as a deduction from pay which, in this case is not allowed.

Having said that, could you be "held accountable" as in disciplined or fired? Sure. Would you get unemployment benefits? Probably.

This is not a "draw" by any stretch of the imagination.

You can file a complaint with the DLSE for failure to provide the required breaks and report that they don't have the required posters up. You're probably right to wait until you leave, though, no point in pi$$ing them off at this point.
 

Warren Peace

Junior Member
Hi, I'm also from California so hopefully, I may be able to better answer your question.

As for the part about having to speak spanish, it isn't really discrimination so unfortunately, there is little you can do about it.

I do however, think that making you pay out of your own pocket/wages for any missing cash is illegal. Under the law in California, it is unlawful to deduct amounts from an employee’s wages due to a cash shortage or business expenses and losses. You will have to file a claim with a local office of the Division of Labor Standards Enforcement (DLSE) as you are not the only one responsible for the cash register. But take note that since your employer can't deduct the losses from your pay, he can subject you to disciplinary action, up to and including termination of employment.
 

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