My question involves labor and employment law for the state of: CA
My immediate supervisor's wrote me up after only giving me two unpaid breaks and NO paid breaks in the 6 months of working. This email explains managements deflection of responsibility, as well as blatant retaliation.
The email goes:
Greetings Jackie,
Sorry to text you late but I felt that I should inform you of uncomfortable work situation which made me feel bullied and unnecessarily retaliated against based on the manager's inability to convey instructions. I've only worked with Helen on this shift for happy hour and have never had any complaints prior during lunch shift switches. Helen told me that, as she understood it, employees were not to eat employee meal on the clock, I explained to her that I understood that we were not to order Happy Hour food but not about family meal, and that we also deserve a paid 10 minute break in a 4 hour (or longer) shift. Earlier in my shift when I was enjoying family meal and had no tables and she asked me to help out other employees with their tables which I did and ended up taking a table in the Biada in Sarah's section to assist. At no point in the night did she let me know that I had violated a rule. Secondly, Peter had informed me about his concern that I accidentally undercharged a guest for a bottle of wine. I remember this experience because I was instructed by him to retrieve the wine myself and I was not able to find the right wine. He noticed after I brought an alternative bottle to my table that he would need to change the price, typically this means he would use his manager card and change the price for me. That was not the case this time for some strange reason and I told him we might still be able to change it after I dropped the guests check on the table but again, he said it was too late and didn't want to switch the price. After these events I was without tables in my section for about an hour and a half. About 30 minutes into that hour I asked Helen if I should take over the Main for Rebecca since they were going to put her on the landing, to this she replied, "I have to cut two other people before you first." She seemed frazzled and I didn't correct her to not add fuel to the fire. Later, she noticed I still did not have tables so she asked me to start my roll ups, so I obliged. After an hour and a half, she told me she was transferring me a table that she, herself, was taking care of and gave them a round of drinks. This made me curious due to the fact that I had no tables for so long. I addressed this in our brief talk to which she replied, "I couldn't find you." Odd again, since I did not use the restroom in my entire shift and was in the Main and it turned out to be a slow Friday. I hope this can be resolved calmly in the near future when all parties hold their responsibility. Not exactly sure what tasks management had that caused them to retaliate so quickly tonight but I've worked with both with no problems in the past. Wanted to bring this to your attention since I assume you heard an abbreviated version. Thanks for always having an open ear, Jackie.
Sincere in Service,
James Torrez
Please let me know if I can take any legal action against this employer.
My immediate supervisor's wrote me up after only giving me two unpaid breaks and NO paid breaks in the 6 months of working. This email explains managements deflection of responsibility, as well as blatant retaliation.
The email goes:
Greetings Jackie,
Sorry to text you late but I felt that I should inform you of uncomfortable work situation which made me feel bullied and unnecessarily retaliated against based on the manager's inability to convey instructions. I've only worked with Helen on this shift for happy hour and have never had any complaints prior during lunch shift switches. Helen told me that, as she understood it, employees were not to eat employee meal on the clock, I explained to her that I understood that we were not to order Happy Hour food but not about family meal, and that we also deserve a paid 10 minute break in a 4 hour (or longer) shift. Earlier in my shift when I was enjoying family meal and had no tables and she asked me to help out other employees with their tables which I did and ended up taking a table in the Biada in Sarah's section to assist. At no point in the night did she let me know that I had violated a rule. Secondly, Peter had informed me about his concern that I accidentally undercharged a guest for a bottle of wine. I remember this experience because I was instructed by him to retrieve the wine myself and I was not able to find the right wine. He noticed after I brought an alternative bottle to my table that he would need to change the price, typically this means he would use his manager card and change the price for me. That was not the case this time for some strange reason and I told him we might still be able to change it after I dropped the guests check on the table but again, he said it was too late and didn't want to switch the price. After these events I was without tables in my section for about an hour and a half. About 30 minutes into that hour I asked Helen if I should take over the Main for Rebecca since they were going to put her on the landing, to this she replied, "I have to cut two other people before you first." She seemed frazzled and I didn't correct her to not add fuel to the fire. Later, she noticed I still did not have tables so she asked me to start my roll ups, so I obliged. After an hour and a half, she told me she was transferring me a table that she, herself, was taking care of and gave them a round of drinks. This made me curious due to the fact that I had no tables for so long. I addressed this in our brief talk to which she replied, "I couldn't find you." Odd again, since I did not use the restroom in my entire shift and was in the Main and it turned out to be a slow Friday. I hope this can be resolved calmly in the near future when all parties hold their responsibility. Not exactly sure what tasks management had that caused them to retaliate so quickly tonight but I've worked with both with no problems in the past. Wanted to bring this to your attention since I assume you heard an abbreviated version. Thanks for always having an open ear, Jackie.
Sincere in Service,
James Torrez
Please let me know if I can take any legal action against this employer.
Getting Fired: Wrongful Write Up and Termination
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