I am(or was, up until yesterday) a waiter at a local chain resturant. Yesterday, I was basically forced to quit. At around 7 PM yesterday, I was putting dishes in the dish room. A girl came in and then spilled an entire pan of salsa on my pants and feet. She claims it was an accident, but I don't believe her. However, that's another matter. Now, I realize shit like this happens. I was calm, didn't get upset, and simply wiped some of it off, and went to talk to my direct manager(server manager). I told him what happened, explained that an entire side of my pants was soaking wet and red from the salsa, and that my shoe was full of salsa and salsa-water. I asked if I could finish up with my tables, and run home to get changed, since I still had 5+ hours there. Now, I live within walking distance of the resturant. About a five minute drive. I explained that to run home and change would take me 20 minutes at the most. I also told him I would wait until all my tables were left and cleaned before I ran home. This was about 15 minutes after the salsa spilled. He told me I could not leave. By now, my pants were drying, and it looked like I stabbed someone and got blood all over my pants. It was disgusting. My leg was itching like hell, and my feet were starting to hurt from walking around in wet shoes. But, I finished my tables, cleaned them off, reset them, and printed my server report. I approached him, told him everything was done, and I needed to run home. He told me no. Once again, I explained that I needed to get changed and would be back in 15-20 minutes. He said that I couldn't go get changed. He told me that if I left, I was fired. So I quit, and went home. I have been a great employee since I started. I only called out once, the morning after my friend killed himself, and it was only a training shift. I have never been late. Within 2 weeks, I was closing every night, and picking up any shifts that they needed covered. So it's not like I had a habit of not working, or making up stupid excuses. I plan on calling the manager tomorrow(next time he works) just to ask why he fired me. If he offers me my job back, I'll take it, but I'm not asking. I was right to leave, and I won't swallow my pride for this. However, I doubt he will offer it to me. I was doing research today on wrongful terminations, and I think I have a case. I was given the option to either quit/be fired, or to work under terrible conditions. Wet clothes, wet shoes, a disgraceful appearance, and it hurt to walk after only 15 minutes because my feet were going raw. One of my tables already asked about my pants, and people were looking at them as well. it was embarassing, uncomfortable, and unsanitary, which is a big no-no in food business. What should I do? Should I look in to filing a lawsuit? Or should I start by going up the chain(him, general manager, district manager, etc.)? I feel like I should do something, but I'm not quite sure what. The way that my manager handled the situation is wrong, not just morally, but it appears to be legally wrong too.
Dude, no fuckin' way. I just quit my job the other day (chef) and found new work today. Pretty much the exact same story as with you. Only called out once, never was late. Always closed and stayed longer to make sure shit was done. Hell, they've even given me the key to lock up at night. Yet, the woman owner is a TOTAL BITCH. Seriously, you can NEVER do anything that's good enough for her. Literally, anything. So, I had enough and quit. Found a new job today, though. Everyone there seems really chill. Its a bar...so, here come the tips! I'd rep ya, but I have to spread it around some more.
he fired you? wrongful termination? sounds to me like you walked out... not trying to cause trouble..but ya know what i mean? you wont have a very good case if you go around saying you quit and got fired --both in the same story..
Yes, I did quit. Technically this falls under "Constructive Termination", when an employee feels that they have no choice but to quit. This can be due to unsafe/very uncomfortable working conditions, or humiliation in front of customers/other staff members. I would consider having the skin peel off my feet, walking around in wet pants, and walking in wet shoes to be both unsafe and uncomfortable, and I think going to my tables with salsa all over myself would be humiliation.
same deal as a teacher who wouldnt let her student go to the bathroom --and they pissed themselves, and wasnt able to go home and change lol <--in that case id sue maybe not..but i definately see where your goin with it
Considering you quit wasn't legally wrong but it might be on the fact that he made you work dirty and gave you no good decision considering you've worked your ass off for the place so they can go on smoke breaks or fuck their girlfriends (being sarcastic what some people do when they want a break from work). Gave you no choice and I think it was bad move by the manager on the restaurant that you had to work covered with salsa. People who go to restaurants surely don't like to see their waiters dressed up with salsa. Yet, also surely wondering why you couldn't grab another uniform to not embarrass yourself. They think its bad management is what it is and it is. Tell him that maybe that what he did was not good for the restaurant and for whatever the customers that were there to see you covered in salsa and also in squeaky wet shoes.
sounds like he didnt even really give you a reason as to why he opposed you going home and changing...
The only parts of my uniform that are supplied to me by the company are my shirt and apron. Both were untouched. My pants are a pair of Dickies(great work pants by the way) that I've had for some time now.
6 people in the front of the resturant saw, including 2 people that have already had run ins with the same manager over stupid crap like this, and a girl I closed with every night that will stand up for me in a heart beat. Edit : 600 posts
If you got people that can say they witnessed something is a huge plus, But strong undeniable evidence is the best. Like video of it if they got camcorders. Im not sure about the whole legal system and howd it work, I only know it from being a defendant and i know pleading guilty works wonders cuz i went from 3 years to temporary probation to all charges dropped. But if you got a strong case and you brought it up and like cryed or something in front of the judge, Lol, You could convince your case and maybe go somewhere with it. Me personally id let it slide, Maybe get revenge on ya own someday but let it slide, Get a better job and learn and live. Best of luck to ya.
I feel ya on the better job, but I loved it there. The money was good, the people were nice, the chicks were hot, and up until now, all the managers treated me like a hard worker should be treated. It sucks that I had to leave, but I'm a man, and I'm not going to be treated like I'm some push-over bitch when I did whatever I could for them.
good move on sticking up for yourself and not being pussy, move on and learn, but dont sue cause then you move right back down to pussy
Dude, I would nail that guy's balls to the walls. Honestly, fight it just so long as its not starting to cost you or be detrimental to your life. Make sure to get that guy fired, shamed, humbled, or all three.
don't sue man. Just like the other guy said you proved you could stick up for yourself so go out and get another job that apprectiates hard workers. but just don't sue.
If you really like working there call him. He is probably kicking himself in the ass for treating you that way and wishing things had turned out differant. Honest, hardworking employees are VERY hard to come by. And maybe after this he'll show you some respect. If he doesn't offer you the job back, tell him, "with my work ethic I've already been offered another job, and you sir, can fuck the fuck off."
If you want your job, you really should not have decided to quit. I would have left and returned, and if he gave me crap about firing me, I would call it wrongful termination or termination without just cause. If he is forcing you to stay in a condition that is unhealthy, itchy feet, drying food on you, it is also unsanitary. I guarantee you that if you called headquarters, or a higher up than just your local manager, they would agree with you and you'd have your job.
As a capitalist, I can't agree with you making a case. Look, it's not your business. You do not own the business, other people do. It's theirs. Why do you think you have the right to tell them how to run it? Look-- if you wanna get your point across, you quit. Which you did. If they treat people like shit, people won't work for them and it'll hurt their business. It's the natural way of things, don't involve the god damned government.