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Bartender sexual harassment in Georgia Georgia

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  • Bartender sexual harassment in Georgia Georgia

    I currently work in a bar in Atlanta as a bartender where the other male bartenders/barbacks/owner that work there are bad people. They are always getting women drunk and sleeping with them in the back office and partying hard afterhours in the bar when it is closed. A new girl recently started working there and i warned her to watch what and how much she drank and needless to say at an afterhours party she thought that she was possibly drugged but isnt sure. She is also underage, at 19. She now receives lewd texts and inappropriate sexual advances via text messages and in person when she is working. Everyone knows that she is underage and not interested so there is noone to complain/report this to that isnt involved. I am trying to help because i think this behavior is disgusting and i want to stop seeing these women get hurt emotionally. She just opened up to me about these things and i hadnt realized things had gone this far. I guess im just looking for any ideas/suggestions/options because this breaks several laws on several different issues so im just not sure where to start. Thank you for taking the time to read this. Oh, and none of the employees are on any payroll, we never filled out a W-2 or 1099 or were asked for our ids or SS cards or anything.

  • #2
    Since the owner is one of the people involved, I doubt you can do much to change the situation internally. It really is none of your business who is sleeping with who. The woman obviously consented to party with the men.

    The 19 year old should be telling whoever is harassing her to stop. What is being said to her?


    When you say you are not on payroll, do you mean you are paid under the table?

    Comment


    • #3
      A new girl recently started working there and i warned her to watch what and how much she drank and needless to say at an afterhours party she thought that she was possibly drugged but isnt sure. She is also underage, at 19.

      Is she saying she may have been drugged and then sexually assaulted/raped? If so, she should report that to the police. She is also free to file a complaint with the State or the EEOC regarding the on-going sexual harassment.

      You are (1) free to report that there is an underage employee working in the bar to the State licensing agency, (2) contact the State or federal IRS and report that everyone is being paid in cash with no withholding being taken or W-2's issued, and (3) start looking for a new job. You're working for and with horrible people.

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      • #4
        The 19 year old should be telling whoever is harassing her to stop. What is being said to her?
        When you say you are not on payroll, do you mean you are paid under the table?


        She receives texts telling her she needs to dress ****tier (dont remember the word he used) and is very sexy and they think sex with her would be "hot" and while shes at work she gets slapped on the *** with a towel, or inappropriate hugs, or asking her to come back to his place to have drinks after work. And yes, we are all paid under the table with zero paperwork/forms. She was not raped but did wake up with several "finger" bruises on her thighs which they could not explain and she took pictures of.


        You are (1) free to report that there is an underage employee working in the bar to the State licensing agency, (2) contact the State or federal IRS and report that everyone is being paid in cash with no withholding being taken or W-2's issued, and (3) start looking for a new job. You're working for and with horrible people.

        I understand those steps, but im trying to figure out if there are any grounds for a sexual harassment lawsuit. As of today she is still working in the bar but on Friday she is going to quit at the end of her shift and verbalize that she is quitting for harassment reasons. Honestly, i want to get this place shut down permanently and i want to hit them from every angle possible at the same time.

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        • #5
          Since the owner is one of the people involved, I doubt you can do much to change the situation internally. It really is none of your business who is sleeping with who. The woman obviously consented to party with the men.

          Is it still consent when the owner, knowing that she is under age, gets her drunk first?

          Comment


          • #6
            SHE can file a sexual harassment claim if she chooses to. YOU cannot - it didn't happen to you.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              Originally posted by WhiteKnight View Post
              Since the owner is one of the people involved, I doubt you can do much to change the situation internally. It really is none of your business who is sleeping with who. The woman obviously consented to party with the men.

              Is it still consent when the owner, knowing that she is under age, gets her drunk first?
              He may have given her the booze but unless she was physically forced to drink it, then she got herself drunk.

              If you file with the state for being paid under the table, make sure you have claimed all wages on your taxes.

              Comment


              • #8
                He may have given her the booze but unless she was physically forced to drink it, then she got herself drunk.

                True but supplying alcohol to someone under the age of 21 is illegal.

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                • #9
                  Originally posted by WhiteKnight View Post
                  [I]As of today she is still working in the bar but on Friday she is going to quit at the end of her shift and verbalize that she is quitting for harassment reasons.
                  Verbalizing that she's quitting for harassment reasons does not a harssment lawsuit make. If she truly wants to start a harassment lawsuit, the only thing she can do is file a claim with the EEOC. No EEOC claim = no harassment lawsuit. Period.

                  If you want to start a sexual harassment lawsuit, you need to be sexually harassed first. So far I've seen nothing in any of your posts that would indicate that you personally are a victim of sexual harassment.

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                  • #10
                    I might mention for her to file a complaint with the EEOC her employer must have
                    15 or more employees.
                    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


                    • #11
                      You mentioned wanting to hit this owner with a lot of things all at once. Be advised, in this very bad economy, there are a LOT of complaints regarding labor laws, and those wheels will move very slowly. For example, she can start down the road with the EEOC on the sexual harrassment, but could take a long time to get that process completed, where if she is successful, they give her a "right to sue" letter, and then it takes even longer to get results.

                      In comparison, I have heard that the state tax revenue agents are highly motivated and empowered. They take fraud pretty seriously. They have chains for the doors, and can freeze assets. You mention possible payroll tax violations, and typically those who avoid one tax avoid them all, but especially sales tax.

                      https://etax.dor.ga.gov/inctax/fraudreport.html

                      Do you punch time cards or fill out timesheets? Are you keeping a tip record? Best thing you can do is make notes so you have proof of dates & times worked and what you earned. Cash is hard to remember unless you're making notes all along. If you can get copies of timecards you've already given them, that's even better, but that may not be possible at this point. But you need to have a good record of your wages so you can file correct tax returns. That alone could ruin you, if you decide not to report these wages and it all blows up.

                      A word to the wise - it will blow up. You need to find another job ASAP. One day you will show up to work hoping to earn that last $100 to make your rent payment, and the chains will be on the door and the owner will be nowhere to be found. Get another job - make that your #1 priority, today.

                      Your friend that is about to quit probably won't have access to unemployment benefits. If you quit, or get locked out of work one day, you won't be able to collect, either. And if the EEOC thing doesn't pan out before the bar is shut down, it gets much harder to sue and collect from the owner.

                      Comment

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