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  • Hostile work place/retaliation California

    California - I work as a food server and I walked out from a job today along with 2 other employees due to a Hostile environment.

    My boss humiliated me and my coworkers saying,

    " I have 2 guest with empty glasses. I don't pay you guys 16 dollars an hour for you guys to just stand around. You can go and work some where else"

    We were so upset we left the work place. Our boss has been rude in the pass and said vulgar languages when speaking to us. He's also have made me feel uncomfortable because he's attracted to my coworker John. I feel that he favors John more.

    My 2nd boss has retaliated against me because I've addressed about our unpaid breaks and back pay on holiday pays. Since then he has been decreasing my hours and favors new employees when it comes to hours and schedule. I've addressed this issue before but my manager has no valid excuse. He's said " That's just the way it is".

    What should I do? Please help.
    Last edited by Kate415; 10-23-2012, 09:15 PM. Reason: Did not mention what state

  • #2
    Kate415, you added your question to another poster's thread. You should have started a new thread with your question. I will start one for you.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      Originally posted by Kate415 View Post
      California - I work as a food server and I walked out from a job today along with 2 other employees due to a Hostile environment.

      My boss humiliated me and my coworkers saying,

      " I have 2 guest with empty glasses. I don't pay you guys 16 dollars an hour for you guys to just stand around. You can go and work some where else"

      We were so upset we left the work place.

      You walked out based on this? Why?


      Our boss has been rude in the pass and said vulgar languages when speaking to us. He's also have made me feel uncomfortable because he's attracted to my coworker John. I feel that he favors John more.
      Being a rude jerk isn't illegal, and neither is favoring John.

      My 2nd boss has retaliated against me because I've addressed about our unpaid breaks and back pay on holiday pays. Since then he has been decreasing my hours and favors new employees when it comes to hours and schedule. I've addressed this issue before but my manager has no valid excuse. He's said " That's just the way it is".

      What should I do? Please help.


      This doesn't even come close to what is legally considered a "hostile work environment".

      Sorry.

      Comment


      • #4
        Based on what you posted, I don't see a hostile work environment.

        http://www.wisegeek.com/what-is-a-ho...nvironment.htm

        It seems you walked out on your job/abandoned your job.

        All employees do not have to be treated the same as long as you aren't discriminated against due to a reason prohibited by law (ie age, religion, gender...)

        It's not illegal to be a jerk.

        If you are owed pay & your employer will not pay it, you need to file a claim with the Ca. DLSE.

        If you are terminated/your employer will not take you back due to walking out (or you don't want to go back), you "most surely" will not receive unemployment ins. for leaving your job.
        Last edited by Betty3; 10-23-2012, 09:53 PM.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Originally posted by Kate415 View Post
          California - I work as a food server and I walked out from a job today along with 2 other employees due to a Hostile environment.
          Ok, so you and two separate employees left because of the hostile work environment. Don't need their names, but are they male or female? White or non-white? Christian or non-Christian? Have any disabilities or impairments? Younger than you, same age or older? Those are factors that help an awful lot in pushing a hostile work environment complaint.

          Originally posted by Kate415 View Post
          My boss humiliated me and my coworkers saying, " I have 2 guest with empty glasses. I don't pay you guys 16 dollars an hour for you guys to just stand around. You can go and work some where else"
          We were so upset we left the work place. Our boss has been rude in the pass and said vulgar languages when speaking to us.
          Ok. Let me get this straight- your boss criticized you and your fellow workers because clientele were not being tended to.

          Kate, I have worked in the restaurant business. I have waited tables before. I know it's not easy, but something you fail to note is those customers are your bread and butter. When you are waiting tables you must adapt your conduct performance to the needs of the customer. The lawful needs. If they have an empty cup then you MUST adapt again. This is not "I don't feel like it so I won't" scenario. Their cup is empty, you best fill it! If there is a fee for refills, make sure the customer knows this.

          When you are waiting tables you are now the customer service representative serving the needs and desires of the customer. If the food isn't to their liking, then you best make sure it is.

          As for the $16 per hour, I'm curious where you could make such a fabulous wage with as little experience you appear to have. In Colorado it's $2.15 per hour plus tips and in Utah it's $2.13 per hour plus tips.

          Originally posted by Kate415 View Post
          He's also have made me feel uncomfortable because he's attracted to my coworker John. I feel that he favors John more.
          Why should it bother you who the boss is attracted to? It's none of your business. And any kind of an interpersonal relationship with your boss is a very bad idea.
          On top of that, it doesn't matter if your boss likes John more than you. It's his life, his choice, who cares? Don't involve yourself in the workplace drama and rumor club, because that will destroy your reputation and make it harder for you to get hired elsewhere.

          Originally posted by Kate415 View Post
          My 2nd boss has retaliated against me because I've addressed about our unpaid breaks and back pay on holiday pays. Since then he has been decreasing my hours and favors new employees when it comes to hours and schedule. I've addressed this issue before but my manager has no valid excuse. He's said " That's just the way it is".
          How did you address these? When I worked in a restaurant you took a break when there was a break in the customer flow. You clocked out for lunch and clocked back in after you ate and/or rested. If that is the rule that you clock out for breaks, then comply.

          Originally posted by Kate415 View Post
          What should I do? Please help.
          Look for work in a different field, because honestly Kate, I don't think you have what it takes to wait tables. I'm not saying this to be rude, but I am telling you what I see from what you said.

          I wish there was some way to help you with this, but short of telling you that it's a really good idea to go back and apologize and ask for your job back, there is nothing I can say. Other than a few more hints and tips, at most.
          Sorry.
          I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
          Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
          I also may not have been either sane or sober when I wrote it down.
          Don't worry, be happy.

          http://www.rcfp.org/taping/index.html is a good resource!

          Comment


          • #6
            You can ask for your job back (if you want to go back). If it isn't offered to you or you don't want to go back, you best be looking for other employment. It would be very unlikely (probably nil) you would get unemployment ins. while looking for other employment since you abandoned your job. If you could get your job back, you could look for other ("better") employment while working there & then quit if you don't like working there.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              Originally posted by Betty3 View Post
              Kate415, you added your question to another poster's thread. You should have started a new thread with your question. I will start one for you.
              I'm sorry. I'm still new to the thread. Thanks!

              Comment


              • #8
                I walked out because the place has been too stressful for me. I'm being treated unfairly.

                Boss #1 has been retaliating by decreasing my hours multiple times. I've addressed the situation
                but he has no valid excuse as to why my hours are being decreased.

                - He's made sexually comments towards guest.
                - He's told other employees that i will be written up for something i had nothing to do with.

                Boss #2 has been rude and and says vulgar language at a workplace. He has told Boss #1 that I'm a bad influence to John at work and that I'm a distraction to John.

                Vulgar language, Retaliation and sexual comments. I've been so stress with my workplace. Would that be considered Hostile?


                Would
                Originally posted by Dogmatique View Post
                You walked out based on this? Why?




                Being a rude jerk isn't illegal, and neither is favoring John.





                This doesn't even come close to what is legally considered a "hostile work environment".

                Sorry.

                Comment


                • #9
                  Originally posted by Kate415 View Post
                  I walked out because the place has been too stressful for me. I'm being treated unfairly.

                  Boss #1 has been retaliating by decreasing my hours multiple times. I've addressed the situation
                  but he has no valid excuse as to why my hours are being decreased.

                  - He's made sexually comments towards guest.
                  - He's told other employees that i will be written up for something i had nothing to do with.

                  Boss #2 has been rude and and says vulgar language at a workplace. He has told Boss #1 that I'm a bad influence to John at work and that I'm a distraction to John.

                  Vulgar language, Retaliation and sexual comments. I've been so stress with my workplace. Would that be considered Hostile?


                  Would


                  It STILL doesn't constitute a hostile work environment according to the law.

                  Comment


                  • #10
                    Originally posted by cactus jack View Post
                    Ok, so you and two separate employees left because of the hostile work environment. Don't need their names, but are they male or female? White or non-white? Christian or non-Christian? Have any disabilities or impairments? Younger than you, same age or older? Those are factors that help an awful lot in pushing a hostile work environment complaint.


                    Ok. Let me get this straight- your boss criticized you and your fellow workers because clientele were not being tended to.

                    Kate, I have worked in the restaurant business. I have waited tables before. I know it's not easy, but something you fail to note is those customers are your bread and butter. When you are waiting tables you must adapt your conduct performance to the needs of the customer. The lawful needs. If they have an empty cup then you MUST adapt again. This is not "I don't feel like it so I won't" scenario. Their cup is empty, you best fill it! If there is a fee for refills, make sure the customer knows this.

                    When you are waiting tables you are now the customer service representative serving the needs and desires of the customer. If the food isn't to their liking, then you best make sure it is.

                    As for the $16 per hour, I'm curious where you could make such a fabulous wage with as little experience you appear to have. In Colorado it's $2.15 per hour plus tips and in Utah it's $2.13 per hour plus tips.


                    Why should it bother you who the boss is attracted to? It's none of your business. And any kind of an interpersonal relationship with your boss is a very bad idea.
                    On top of that, it doesn't matter if your boss likes John more than you. It's his life, his choice, who cares? Don't involve yourself in the workplace drama and rumor club, because that will destroy your reputation and make it harder for you to get hired elsewhere.


                    How did you address these? When I worked in a restaurant you took a break when there was a break in the customer flow. You clocked out for lunch and clocked back in after you ate and/or rested. If that is the rule that you clock out for breaks, then comply.


                    Look for work in a different field, because honestly Kate, I don't think you have what it takes to wait tables. I'm not saying this to be rude, but I am telling you what I see from what you said.

                    I wish there was some way to help you with this, but short of telling you that it's a really good idea to go back and apologize and ask for your job back, there is nothing I can say. Other than a few more hints and tips, at most.
                    Sorry.


                    Got to agree with everything you've said here, CJ

                    (And yup, I was a server/waitress/bar maid for MANY years )

                    Comment


                    • #11
                      Welcome to the real world.....and me..

                      Originally posted by Kate415 View Post
                      California - I work as a food server and I walked out from a job today along with 2 other employees due to a Hostile environment.

                      My boss humiliated me and my coworkers saying,

                      " I have 2 guest with empty glasses. I don't pay you guys 16 dollars an hour for you guys to just stand around. You can go and work some where else"

                      We were so upset we left the work place. Our boss has been rude in the pass and said vulgar languages when speaking to us. He's also have made me feel uncomfortable because he's attracted to my coworker John. I feel that he favors John more.

                      My 2nd boss has retaliated against me because I've addressed about our unpaid breaks and back pay on holiday pays. Since then he has been decreasing my hours and favors new employees when it comes to hours and schedule. I've addressed this issue before but my manager has no valid excuse. He's said " That's just the way it is".

                      What should I do? Please help.
                      OH MY STARS !
                      those brutes, how could they be so mean !!,
                      I hope you haven't been too badly traumatized,
                      but,
                      for sixteen bucks an hour,
                      I'd shut up and take your overly entitled @$$ and go back to work !!!
                      .._________________
                      ~ Two things are infinite: the universe and human stupidity;
                      and I'm not sure about the universe. ~ Albert Einstein
                      Last edited by drruthless; 10-24-2012, 03:21 AM.

                      Comment


                      • #12
                        A hostile work environment as defined by law means an environment where one or more employees are experiencing ongoing and pervasive harassment and/or discrimination based specifically and directly on protected characteristics such as race, gender, religion, age (only if they're over 40), and/or disability. Nothing in any of your posts indicates that what you experienced at work falls into this legal definition. Ergo, you have no legal recourse.

                        Comment


                        • #13
                          You aren't guaranteed a set number of hours nor does your employer have to give a good reason for reducing your hours. If you are not performing and the job is stressing you out, your employer very well can reduce your hours. Why keep scheduling maximum hours for someone who isn't providing good customer service and always seems stressed?

                          If he is making sexual comments to customers, that is between he and the customer. YOU have no cause of action based on this. If it isn't welcome conduct he can expect to lose customers fast this way. Again, that is not really your concern.

                          You can be written up whether you are actually guilty or not. In court, the prosecution must prove their case. In employment, they do not. It may not be professional to discuss you with other employees but no law prohibits this.

                          While I am not a fan of vulgar language, it is not illegal and from what I know of the restaurant industry, it is not uncommon.

                          None of this is retaliation as the law defines it. None of this conduct is illegal. If the comment you shared is indicative of the type of "humiliating" comments you experienced, I'd suggest developing a thicker skin. Pointing out that you aren't doing your job properly is part of doing his job. Sure it would be nice if he took you quietly aside and politely pointed out that you haven't been refilling the glasses as you are supposed to and encouraging you to do so. In a restaurant, that approach is virtually non-existant.
                          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                          Comment


                          • #14
                            Originally posted by Kate415 View Post
                            I walked out because the place has been too stressful for me. I'm being treated unfairly.

                            Boss #1 has been retaliating by decreasing my hours multiple times. I've addressed the situation
                            but he has no valid excuse as to why my hours are being decreased.

                            - He's made sexually comments towards guest.
                            - He's told other employees that i will be written up for something i had nothing to do with.

                            Boss #2 has been rude and and says vulgar language at a workplace. He has told Boss #1 that I'm a bad influence to John at work and that I'm a distraction to John.

                            Vulgar language, Retaliation and sexual comments. I've been so stress with my workplace. Would that be considered Hostile?


                            Would
                            Kate, I'm sorry that you were treated like that. It's not right for an employer to mistreat their employees. But there is nothing that we can do when we see stuff like this, because even as wrong as it may be, it still doesn't qualify for state or federal involvement. I suppose that you could try a civil action on your own, the only other option to the two-most stated so far- apologize and try to get your job back or letting it go and looking for work elsewhere. In this day & age anyone can sue for anything, but whether or not you win is a different story, and even then it makes future employers leery of hiring you.

                            Kate I think that in your case you are better off just letting it go and looking for work somewhere else. Chalk this up to lessons learned and use it to grow and make yourself a better person.
                            I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                            Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                            I also may not have been either sane or sober when I wrote it down.
                            Don't worry, be happy.

                            http://www.rcfp.org/taping/index.html is a good resource!

                            Comment


                            • #15
                              Originally posted by cactus jack View Post
                              Kate, I'm sorry that you were treated like that. It's not right for an employer to mistreat their employees. But there is nothing that we can do when we see stuff like this, because even as wrong as it may be, it still doesn't qualify for state or federal involvement. I suppose that you could try a civil action on your own, the only other option to the two-most stated so far- apologize and try to get your job back or letting it go and looking for work elsewhere. In this day & age anyone can sue for anything, but whether or not you win is a different story, and even then it makes future employers leery of hiring you.

                              Kate I think that in your case you are better off just letting it go and looking for work somewhere else. Chalk this up to lessons learned and use it to grow and make yourself a better person.
                              On top of Jacks assessment, I would add that other employers in that town already know the failings of their competition. (I heard it through the grape vine!) Be discrete when you speak of the previous employer. Admit to your mistake, and most will give you a chance. You will find out that there are more good jobs out there then you thought.

                              Best of luck.

                              Comment

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