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jxf216 · Oct 18, 2007, 08:15 PM

I am a restaurant server. In mid-September, I was told that I wouldn't be scheduled to work temporary due to the slow business. After 5 weeks waiting, thinking the manager will come up with my schedule any time soon, but never heard from him. So I made the call, and found out that he intentionally left me out of the schedule all this time, another word: I lost the job--- for what reason, I had no idea. Possibly racial discrimination? (I am a Asian legal permanent resident).

This is my only job, and would like to ask for the loss of wages, and possible compensation for emotion distress, or even more for the "racial discrimination". Could this be done?

Thanks

bignaked101 · Oct 18, 2007, 08:28 PM

Yes, of course you can take this case to court, but it is 5 weeks old.. he can make up any number of excuses now...

Fr_Chuck · Oct 18, 2007, 09:14 PM

You would have to prove, with evidence that it was a race issue.
He may say your work was por and so on. Just move on and get another job

JudyKayTee · Oct 19, 2007, 09:35 AM

Originally Posted by jxf216

I am a restaurant server. In mid-September, I was told that I wouldn't be scheduled to work temporary due to the slow business. After 5 weeks waiting, thinking the manager will come up with my schedule any time soon, but never heard from him. So I made the call, and found out that he intentionally left me out of the schedule all this time, another word: I lost the job--- for what reason, i had no idea. Possibly racial discrimination? (I am a Asian legal permanent resident).

This is my only job, and would like to ask for the loss of wages, and possible compensation for emotion distress, or even more for the "racial discrimination". Could this be done?

Thanks

Ask your local EEOC office - my feeling is that it will take more time and money than makes sense and this type of discrimination, if it is that, is very, very difficult to prove. Probably the advice to move on is good - what is your unemployment insurance status?

froggy7 · Oct 19, 2007, 09:53 PM

If you are an "employee-at-will", the manager tells you that you won't be scheduled for a while because "business is slow", and you didn't call in that 5 weeks to see if you were back on the schedule, I think that you would have a hard time saying that you were discriminated against. The manager could say that since you never asked about the schedule, he assumed that you weren't interested in working there anymore.

So, like the others have said, I'd just move on and find a new job.

bignaked101 · Oct 20, 2007, 03:16 PM

But, As the manager, it is his job to call upon people to work just as it is to fire them, if he never actually told you the words "your fired" then you can actually take this to court... You have a slim chance, but he also does.

froggy7 · Oct 20, 2007, 07:34 PM

Originally Posted by bignaked101

But, As the manager, it is his job to call upon people to work just as it is to fire them, if he never actually told you the words "your fired" then you can actually take this to court... You have a slim chance, but he also does.

If he hasn't actually told the person "you're fired", what would the grounds for the court case be? As a waiter, I'm pretty sure you are not guaranteed any set number of hours. Technically, the OP is still on the books, just that they don't have enough business to need him.

bignaked101 · Oct 20, 2007, 09:34 PM

The grounds for the court case could be any number of things, including racial discrimination, looking at it in another perspective, how many white waiters are still at work? How many Asian people are? If they are, what are they doing? How much are they paid? Lower wages that the white people? The manager made him wait 5 weeks without a call, how was he living? The manager might have said that he would call him when the time was right, he never called. These are the things that can be reviewed in a courtroom.

JudyKayTee · Oct 21, 2007, 07:29 AM

Originally Posted by bignaked101

The grounds for the court case could be any number of things, including racial discrimination, looking at it in another perspective, how many white waiters are still at work? How many Asian people are? If they are, what are they doing? How much are they paid? Lower wages that the white people? The manager made him wait 5 weeks without a call, how was he living? The manager might have said that he would call him when the time was right, he never called. These are the things that can be reviewed in a courtroom.

I believe the EEOC HAS to review a claim before it can be placed in suit; you have raised most of the questions that would be raised in a lawsuit after the EEOC reviews the complaint - in the meantime the cost of such litigation is high and proving discrimination is very, very difficult. (You can sue just about anybody for just about anything; recovering is something else.) I am curious - why do you think how the poster was living when he was not working is important - ?

bignaked101 · Oct 21, 2007, 10:54 AM

I think it is very important considering that maybe the manager wasn't paying him, how did he get by? Was his living conditions rough for a while? Or were they good? I know the EEOC has to review it, but seriously, almost anything gets by them now...

JudyKayTee · Oct 21, 2007, 04:16 PM

Originally Posted by bignaked101

I think it is very important considering that maybe the manager wasn't paying him, how did he get by? Was his living conditions rough for a while? Or were they good? I know the EEOC has to review it, but seriously, almost anything gets by them now...

I understand what you are asking but I wonder why you think this is important to an EEOC complaint - to the best of my knowledge savings, property, all of that are not considered when a person files. It boils down to the loss of the job and proof of the circumstances. Also wonder why you think the EEOC lets things get past them - ?

bignaked101 · Oct 21, 2007, 06:40 PM

I have seen a lot of cases not get by the EEOC, but also have seen a majority get by with stupid complaints...

Take this for example,

A manager fired a guy working for Bellsouth because the guy messed up and almost crashed the system, the guy said it was because he was gay, this got through the EEOC and the guy ended up winning the case, EVEN THOUGH he was actually at a fault...

JudyKayTee · Oct 22, 2007, 08:08 AM

Originally Posted by bignaked101

I have seen alot of cases not get by the EEOC, but also have seen a majority get by with stupid complaints...

Take this for example,

A manager fired a guy working for Bellsouth because the guy messed up and almost crashed the system, the guy said it was because he was gay, this got through the EEOC and the guy ended up winning the case, EVEN THOUGH he was actually at a fault...

Hmm - interesting. Can't believe Bellsouth would cave in like that. Big corporations usually have Attorneys sitting around and whether they work on "your" case or something else, they get paid anyway. Must have not wanted the publicity. I'm involved in investigating a matter where a person went on medical leave (professional person, in management) and was fired with no notice (big corporation) because their "policy" is that you are let go after 6 months on medical leave. It's been an uphill fight trying to find similar or previous cases, pulling job performance records, trying to find when/where this policy was posted or people were notified. As it happens the "policy" has since been rescinded - which carries some weight - but the time and expense have been incredible.

JudyKayTee · Oct 22, 2007, 08:09 AM

Originally Posted by jxf216

I am a restaurant server. In mid-September, I was told that I wouldn't be scheduled to work temporary due to the slow business. After 5 weeks waiting, thinking the manager will come up with my schedule any time soon, but never heard from him. So I made the call, and found out that he intentionally left me out of the schedule all this time, another word: I lost the job--- for what reason, i had no idea. Possibly racial discrimination? (I am a Asian legal permanent resident).

This is my only job, and would like to ask for the loss of wages, and possible compensation for emotion distress, or even more for the "racial discrimination". Could this be done?

Thanks

Don't know if I asked - 5 weeks without working; were you collecting Unemployment? Was this an "under the table" job?

JudyKayTee · Oct 22, 2007, 10:07 AM

Originally Posted by bignaked101

I think it is very important considering that maybe the manager wasn't paying him, how did he get by? Was his living conditions rough for a while? Or were they good? I know the EEOC has to review it, but seriously, almost anything gets by them now...

Sorry to belabor the point but do you think this is important in the EEOC filing or in the general scheme of things? (I think I asked pretty much the same question - what about unemployment or was this under the table.) In a situation like this if you are able bodied you ARE expected to mitigate your loss by seeking and possibly finding other employment. Seems like 5 weeks is a very long time to wait to receive that call...

bignaked101 · Oct 22, 2007, 10:41 AM

Well, we ALL have good questions, and good arguments, but the problem now is, this guy isn't answering back to us...

And no this is not important to the EEOC.