LafayetteLady
Posts: 7683
Joined: 5/2/2007
From: Northern New Jersey
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quote:
ORIGINAL: SugarMyChurro
Realistically, resorting to the law is a roll of the dice. I'll agree to that. But just because someone can't or won't pursue a legal matter for all kinds of extraneous reasons doesn't mean the original issue that this thread is about has been invalidated - it just won't be settled by that person for all of their own personal reasons. Everyone has to strategize their own life in their own way.
For the record, I think most prisons are designed by the prisoners living in them. By which I mean people get what they are willing to accept.
Some years back, a friend of a friend that was a bartender for an international chain of hotels was sexually harassed by her supervisor, complained and was summarily fired. As it happens, she did sue these vast "powers that be" and won her case. She bought a house in the San Francisco Bay Area of California with the money from her wrongful termination/sexual harassment case. So all the reasons that someone won't stand up for themselves kind of falls on deaf ears in my case - the dull-witted, unattractive, pot smoking friend of a friend pulled it off, so I figure anyone could do it too.
This can't win attitude is very unamerican. It's absolutely true that you can't win if you won't fight. But you might win if you at least make a decent struggle of it.
Your mileage may vary.
Sexual discrimination is a far cry different from being forced to pay a skipped check. I have worked in places that had that policy and places that haven't. In the places that have, when I point out that it isn't legal for them to do so, frequently they have backed off, but not always.
As for class action, it really wouldn't be possible. It would need to be a "corporate" chain such as Red Lobster or Outback. Corporate restaurants are much more likely to follow the letter of the law than a "mom and pop" restaurant, where this tends to happen.
There would not likely be a large award of punitive damages. Proving actual pain and suffering for having to pay on a skipped check would just be too difficult. So in essence, one would have to be suing for a "hostile work environment" as opposed to the skipped check.
Everyone has to determine how much "fight" they have in them. These types of cases tend to take years to resolve. For those in these types of employment, they have to return to work as soon as possible, and therefore, their losses become minimal.
But you are completely correct in saying that people must take a more proactive stance on injustice. I worked for many years as a professional in the legal field, and although I wasn't a lawyer, I was able to be a part of changing some statutes and it was incredibly satisfying to be a part of that.
As for Pandamonum, if you are intending on pursuing a career in law, I would suggest a change of attitude quickly. No one would ever hire you with the "what's the point" attitude you portray here.
I have worked part time in the restaurant and bar business for 20 years. It is a tough job on most occassions. It is filled with illegal immigrants, the hours tend to suck, and the owner of the restaurants typically are doing everything they can to make their money with no concern for the employees. In typical restaurants (not the high end 5 star dining), the highest paid person in the kitchen will be lucky if they are making $16 bucks and hour, and are not usually paid any overtime either. This is possible by saying they are in charge of other people in the kitchen and therefore "management" and exempt. Many of them are on a "salary", being paid a lump sum for 60 hour work weeks. Their hourly salary comes to maybe $8 bucks an hour.
There are ways to get the situation resolved. It just doesn't typically involve a lawsuit. You want the labor board to listen? You keep contacting them until you get answers. The INS doesn't typically get involved not because they don't care, but because these illegal immigrants are doing jobs that us natives won't do. Even illegal immigrants working "off the books" can sue their employer. It has been done successfully in New Jersey. It is all about if the fight is worth it. In a case like the OP, generally the fight is not worth it. The food service industry is where you find the majority of the "working poor" in the US. Their priority is surviving and keeping a roof over their head, and they just don't have the energy to fight over a skipped check.
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RE: Employment Question: Server Pays Percentage of Bill? - 
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