UnderCover Waitress: Words of Wisdom

Tuesday, August 14, 2012

Words of Wisdom

"Anonymous" posted the following comment here on Dirt on Darden  just as I was preparing a different new post for this evening. The following words are important and inspirational in light of Darden's recent treatment of its employees, especially (it seems) at Red Lobster locations.

My other posts can wait. I am copying Anonymous' words verbatim.


Hi again!

To answer a couple of questions out there for "displaced" employees at Red Lobster. Yes, you may file for partial unemployment, if you had so many hours in a calendar year, and your hours are drastically reduced, you may file for partial unemployment in most states.

Example: if you were working 36 hours per week and your week as an Sa has been reduced to 19 or 20 hours, you may file for the difference in pay. One such person in our restaurant did that, He filed for partial unemployment and was denied and then Red Lobster gave back his 40 hour work week.

Yes, to another question, I spoke with EEOC because I am over 40 but also was an "accomodated employee". I chose out of the option because I would just rather move on. Someone from Orlando, corporate, called me after they found out I spoke with EEOC, and that someone from corporate told me I could file for partial unemployment, they said I could be a hostess, and would accommodate with my MS.

But because nothing was put on paper or a letter, I just said I would move on.

There are a couple of people though who were very nice and sincere to me, when I had an attack at work, I was given money for a cab to go home, my old manager ( a female) who ask how I was and "Can you come back to work?"

Those were the days that I do not think would ever come back, but again I moved on. Yes, again you may file for partial unemployment, you may also check with EEOC.

Also, another employee, who left last year, Just won a lawsuit case regarding, "working of the clock" coming to work on time and not being paid, as scheduled" this is one person who filed alone, without cause or malice and won 2,600.00 in back pay.

If you reside in South Florida Peter Bober is an attorney for unpaid wages, including working off the clock, mixing job titles with other titles, and specializes in tipped employees, what they can and cannot do by law.

Just an eye opener.


Anonymous belongs to two protected categories, being over 40 means she may not be discriminated against on the basis of age. She also indicates that she is protected by the Americans  with Disabilities Act.

You only need to belong to one protected category to file for discrimination. Those of you who are over 40 may be been discriminated against. Based upon some of the questions in the personality test, I dare say people with diagnosable conditions such as ADHD were picked out for getting rid of. That may be actionable.

Regarding the lawsuit for working off of the clock, kudos to the plaintiff! We should see more of those suits. Making hourly employees work without pay is sleazy and there is absolutely no excuse for taking advantage of people like that. It's so illegal it stinks.

I don't know what you mean by "without cause or malice." You have to have a cause of action to file an action...? But I do think I understand what you mean by malice, in that the plaintiff did not file as some sort of revenge or for some secret reason, but simply filed for unpaid wages.

Thanks for telling us about Peter Bober. I just want to add that I am sure he is not the only one good guy out there. If you reside far away from South Florida, don't lose heart. Contact the EEOC. Shop around for a lawyer.

Anyway, thank you for writing. I bet you made the right decision to move on, regardless of what they offered you. Who wants to work for somebody who can not be trusted?  Funny how people suddenly offer you nice things when they realize you will stand up for yourself and speak to the EEOC. It is easier to abuse a doormat.

All of the comments on the Dirt on Darden post are important and I encourage anyone who has not already done so to take the time to read through them.

Best of luck to you!

EDIT: Oops! I forgot to add my disclaimer: this is not legal advice As a matter of fact, I'm not even a lawyer, say it with me: I'm just a stupid waitress! :-D

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