Do you think I should sue and go to the Better Business Bureau? "UPDATED #2"
Ok, I was talking with a guy who used to always come to my work about this and he says I should sue the owner and go to the better business bureau, here is the story: SORRY IF THIS IS LONG, PLEASE READ:
alot of people know I might be facing sexual assault charges and I lost my job in the process and I dont know why but here is the story.
On Saturday, the day before easter, I was working at my job and at about 8;30 pm I got back from a delivery and my owner was there and my manager said he wanted to talk to me. Well I went to talk to him, and the owner said he wanted to talk to the both of us. He pulled me and the manager in the office and started by telling us he was informed that there was a issue of sexual harrasment against of involving a 16 yr. old that worked there. We both looked at him all puzzled. He then said that he was informed that ( and he said this to the manager, not me ) that there was apparently an incident with him and the girl that happened in the store, in his office. My manager told him that he didnt know what he was talking about. The owner then said that I might be facing charges for having relations with this girl. He was told this supposedly by the sheriffs dept.
Anyway, My manager told the owner that I was seeing the girl and it was my girlfriend. Well the owner then said that there was a investigation going on with our work because apparently there was illegal activity going on at work ( People by cigerettes and beer for underage cashiers ) and we were involved and we were both suspended untill the investigation was complete. he then said we could come back to work when he got word that everything was fine.
Well 4 days went by after easter and nothing was happening, so me and my manager went to the local sheriffs dept. and asked to talk to someone about the investigation that was supposedly taking place. Well a lady gave me the name of a investigator that was in charge of my case. When she came out to talk to us she explained that there was no investigation going on with our work and that there was a investigation going on with me because the mom was upset that I had relations with her daughter. My manager then asked her to call our owner and explain this to him which she did. Anyway we left after I wouldnt give this lady a statement.
After we left, my manager caled the owner and asked if we could come back to work, and he now said that he needed word from this girls mom that we could come back to work. I remind you that everytime we asked him why he lied to us and said that there was an investigation going on, he would still say that he has proof that there is one. Well after that, I called this girls mom and she said that she had nothing to do with us losing our job or getting it back. We then told our owner this and he still incisted that he needed to here something from her mom that we could come back to work. Now after I talked to her mom several more times, she said, and yelled when she said this, that she had nothing to do with us getting our jobs back and wouldnt talk to the owner.
Now 1 week after all this started, the girl had quit working there bacuase her mom made her because of her grades. So when I found this out, I called the owner asking for my job back and he still said no. When I asked why, he would tell me that the girls mom didnt want me to work there. Now this girls mom has never talked to the owner according to her. He basically fired me for no reason.
I later found out that this all started because this girls mom came to the owner with this girls diary that said in it that she had given a blow job to the manager in his office at work and that she went to his house after work and had sex with him. And also that we were involved and had sex. But no where did it say that we ever did anything at work. Nor did it say that any illegal activity was going on.
My question is do you think I should sue him because this is discrimination because I never did anything at work with this girl, there was never any investigation going on with our job which didnt give him a reason to suspend me, and there was never any proof that I did anything at my job that had to do with this girl and now he wont give my job back. Basically he didnt really have a reason to suspend me or fire me in the first place.
Now with the BBB. I want to go to them about illegal stuff the owner does. First becasue it states on the Poster of work stuff that any hours over 40 in a work week, the employee shall be paid time and a half. Now the owner does it as any hours over 80 in 2 weeks shall be paid the extra hours in cash at the same rate of pay. Not time and a half. There were many times when I worked more than 40 hours in a week and well over 100 hours in 2 weeks but just got the extra hours in cash. He only pays up to 80 hours for each paycheck for every 2 weeks. I dont think that is right. I feel all of us should of gotten time and a half, according to the labor laws. There are lots of people that work there that worked well over 40 hours in a week, some even worked 80 hours a week.
I want everyones opinion about this, cause I am going to talk to a lawyer on monday and the BBB because I am pissed and there was never a reason to fire me.
Last edited by streetglower : 06-15-2004 at 03:25 PM.
I would also like to point out that this job had a 15 yr. old girl working there more hours than the labor law requires and she also had a baby. I want to get this guy bad.
Man, who the fuck writes in a diary these days? It's all about the live journal online so EVERYONE can read it.
And yes, your owner is a fucking money grubber. If he wont pay you time and a half for the extra work you do, he's breaking the labor laws, and if he doesnt change the way he does that, then go to the BBB. And include the stupid reasons why he fired you.
The BBB doesn't have anything to do with the labor laws, you need to go to the EDD (Employment development office) and file charges there. Also, its going to look like sour grapes on your part cuz you got fired. They might not take you seriously.
If you worked there for over a year, file for unemployment, and state your case. You might or might not get it. That way at least you will get money. If your place of employment was an "At-Will" employment, which most are, yes he can fire you for any reason. The fact that he lied about the reasons, tho, can work in your favor if you file for unemployment. The company most likely will contest it, and you will go to arbitration, where you will have to speak to a judge, and all that BS.
Good luck, tho, on trying to take the owner down, unless you have specific proof. The EDD has to look into all complaints regarding labor laws, and payroll, cuz basically, if he didn't pay you overtime, he was defrauding the state of payroll taxes that he has to pay. But again, you need proof, since its going to look like you are just making a fuss cuz you were fired.
Get other ppl who work or worked there with you, and it will make your case stronger.
pepperonis in greatwood. I did work there. They have alot of illegal mexicans working there. I am going today to the equal employment oppurtunity comission and filing a report, and then to the wage and hour division to file a report about overtime pay, on behalf of myself and all the others who didnt get time and a half.
well here is a update to all this mess. I am getting unemployment compenstaion now. It is $218 every 2 weeks. Isnt much, but the texas workforce commision thought I was fired for the wrong reason and it had nothing to do with work. Second I filed a report with the labor department about overtime pay. And then a day later I talked to the owner and he looked up all my hours and cut me a check for $480 for all pay I didnt recieve. I am satisfied. I am about to have another job so screw him and his business.
Well, I just talked to my old manager and he said that the owner of pepperonis called him saying there is a investigation going on with the overtime pay and if they find that any employee didnt recieve overtime pay, it is a $10,000 fine per employee, so he is so screwed. He asked my manager to take responsibility for it, but he told him hell no cause the owner told him to not pay overtime. I cant wait to see what happens. I will let everyone know.
Well Here is another update, I talked with a investigator from the dept. of labor and he told me he is meeting with the business today to discuss all of what is going on. I then asked him if I had a right to complain about this and he said yes. Also when I talked to my manager he said the owner told him that all the employees that work the most hours and do the best work, to not pay them overtime, just any hours over 80 in 2 weeks to pay cash. And also When the owner gave me my check for $480, he wrote on it compensation check and on a piece of paper he made me sign it said by him giving me this check, I agree not to pursue charges. Well I am going to try and get another check out of him for overtime since it says nowhere that he paid me overtime. I will let you all know how this goes.