Comments on: Go To Trial or Settle Your Case? http://www.undercoverlawyer.com/go-to-trial-or-settle-your-case/ Sat, 04 Feb 2012 08:21:04 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: miracleseyes http://www.undercoverlawyer.com/go-to-trial-or-settle-your-case/comment-page-1/#comment-55 miracleseyes Fri, 29 Aug 2008 17:15:34 +0000 http://www.undercoverlawyer.com/?p=63#comment-55 I actually work in the State of Ohio in a fine dining Restaurant where the minimum wage for servers is $3.43 an hour + we make tips. The Managers feel they can use and abuse us whenever they want because we have no rights as they say and told us any attorney would tell us the same thing. Because we are an at will State. If we want to keep our jobs we need to do whatever they decide is our job and have now added more to our work load because they want to save on their labor in the front and the back of the house. Mon. night there were 4 servers left at the end of the night everyone else got to leave. We had our paper work done and our duties where done so we have to clock out before a manager will check us out. The closing manager got a bug up his butt and decided it was our job to polish 35 racks of glasses and put all the dishes away in dish before he would let us leave. He stated we aren’t done till he says we are done. This has never been our job when I stated I wasn't going to do it and the other servers where complaining as well he threatened my job so I threatened with an attorney. Well of course we had to do it if we wanted to get paid our tips and could go home so we did it. I then ended up in the office with him in the chef to have him degrade and belittle me he began writing on a piece of paper and I told him that was fine make sure all your information is correct and I wanted a copy for my attorney. In the end he called it a wash nothing more was said he stopped writing and I went home. The next day we were all told it is now part of our job and no one leaves till it’s done. None of my fellow workers are happy about this new addition to our jobs and we all feel we are being bullied by our management staff. I know we have to have some kind of rights in life but what are they and how can I use them to protect us? I actually work in the State of Ohio in a fine dining Restaurant where the minimum wage for servers is $3.43 an hour + we make tips. The Managers feel they can use and abuse us whenever they want because we have no rights as they say and told us any attorney would tell us the same thing. Because we are an at will State. If we want to keep our jobs we need to do whatever they decide is our job and have now added more to our work load because they want to save on their labor in the front and the back of the house. Mon. night there were 4 servers left at the end of the night everyone else got to leave. We had our paper work done and our duties where done so we have to clock out before a manager will check us out. The closing manager got a bug up his butt and decided it was our job to polish 35 racks of glasses and put all the dishes away in dish before he would let us leave. He stated we aren’t done till he says we are done. This has never been our job when I stated I wasn’t going to do it and the other servers where complaining as well he threatened my job so I threatened with an attorney. Well of course we had to do it if we wanted to get paid our tips and could go home so we did it. I then ended up in the office with him in the chef to have him degrade and belittle me he began writing on a piece of paper and I told him that was fine make sure all your information is correct and I wanted a copy for my attorney. In the end he called it a wash nothing more was said he stopped writing and I went home. The next day we were all told it is now part of our job and no one leaves till it’s done. None of my fellow workers are happy about this new addition to our jobs and we all feel we are being bullied by our management staff. I know we have to have some kind of rights in life but what are they and how can I use them to protect us?

]]> By: littlelulu http://www.undercoverlawyer.com/go-to-trial-or-settle-your-case/comment-page-1/#comment-54 littlelulu Fri, 29 Aug 2008 01:53:10 +0000 http://www.undercoverlawyer.com/?p=63#comment-54 Stephanie is probably working in either Idaho or Arizona as BOTH are Right To Work states and can pay WHATEVER they want to - they don't have to adhere to the Federal minimum wage (I know this because I have a friend in Idaho who makes about $3.00/hr + tips at a restaurant). Back to the article - very informative and I can see WHY people are more inclined to settle out of court. I have decided to settle my current union arbitration with my state because I don't have enough faith in the union representation (they haven't done much good for me up to this point) and I think the offer the state made is more than I could get if I continue with the arbitration process AND I would have the added stress of testifying again. Now that I have found Undercover Lawyer, I have learned to document EVERYTHING and I know what my rights are so for any future issues, I will KNOW what to MAKE the union do or I will not only take legal action against my employer but also the union. Stephanie is probably working in either Idaho or Arizona as BOTH are Right To Work states and can pay WHATEVER they want to – they don’t have to adhere to the Federal minimum wage (I know this because I have a friend in Idaho who makes about $3.00/hr + tips at a restaurant).
Back to the article – very informative and I can see WHY people are more inclined to settle out of court. I have decided to settle my current union arbitration with my state because I don’t have enough faith in the union representation (they haven’t done much good for me up to this point) and I think the offer the state made is more than I could get if I continue with the arbitration process AND I would have the added stress of testifying again. Now that I have found Undercover Lawyer, I have learned to document EVERYTHING and I know what my rights are so for any future issues, I will KNOW what to MAKE the union do or I will not only take legal action against my employer but also the union.

]]> By: UndercoverLawyer http://www.undercoverlawyer.com/go-to-trial-or-settle-your-case/comment-page-1/#comment-53 UndercoverLawyer Thu, 28 Aug 2008 06:33:27 +0000 http://www.undercoverlawyer.com/?p=63#comment-53 Stephanie, Where in the world are you working for under $3.50 per hour? You're not in the U.S., are you? -Curt K Stephanie,

Where in the world are you working for under $3.50 per hour? You’re not in the U.S., are you?

-Curt K

]]> By: stephaniemiracle http://www.undercoverlawyer.com/go-to-trial-or-settle-your-case/comment-page-1/#comment-52 stephaniemiracle Wed, 27 Aug 2008 19:53:01 +0000 http://www.undercoverlawyer.com/?p=63#comment-52 Well I work in a restaurant for $3.43 a Hr. + tips. I have been with the same company for 11yrs. I have done everything from Manage to chef. I am currently just waiting tables and going back to school to educate myself and change carriers. The managers treat us horribly there and I have had my share of these types of individuals for years. I have currently called an employment attorney and have also contacted a restaurant union in our area to fight for my rights and the rights of my fellow staff members. The managers have pretty much told us we have no rights and an attorney would only tell us the same thing. Our bully manager has pushed to my limits and I am fighting back. I think with this article you have posted whether one settles or not they still win in the end they fought for what they believed in and took a stand against a boss that felt they had no rights. Well I work in a restaurant for $3.43 a Hr. + tips. I have been with the same company for 11yrs. I have done everything from Manage to chef. I am currently just waiting tables and going back to school to educate myself and change carriers. The managers treat us horribly there and I have had my share of these types of individuals for years. I have currently called an employment attorney and have also contacted a restaurant union in our area to fight for my rights and the rights of my fellow staff members. The managers have pretty much told us we have no rights and an attorney would only tell us the same thing. Our bully manager has pushed to my limits and I am fighting back. I think with this article you have posted whether one settles or not they still win in the end they fought for what they believed in and took a stand against a boss that felt they had no rights.

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