If you work for a restaurant – whether it a McDonald’s or the nicest steak house in town – then you have rights. If your employee rights have been violated while working for a restaurant, then legally protecting those rights can be a scary proposition. Most employees have no idea that their rights have been violated, and even if they do they can be too afraid to pursue legal options. Over the years in fact, most fast food chain and/or restaurant franchisee workers whose rights have been violated have not pursued their legal options. Why? Because they think they will not be able to prove the violations.
LET’S HAVE A LOOK AT SOME OF THE MANY TIMES WORKERS HAVE WON SETTLEMENTS AGAINST LARGE RESTAURANT COMPANIES
Here is a small sample of multi-million dollar lawsuits and settlements that large restaurant corporations have paid out to unfairly treated employees:
—- In 2015, a class action lawsuit was filed on behalf of every single server and bartender who worked at restaurant chain Ruby Tuesday.The lawsuit alleged that Ruby Tuesday violated labor law by paying servers and bartenders and other restaurant staff below minimum wage.
—- In 2014, Outback Steakhouse’s parent company was sued in a wage and hour lawsuit. The legal action alleged that employees were asked to donate (as in work for free!) hours to the company. Eventually, Outback Steakhouse agreed to settle for $3 million.
—- In an earlier 2009 lawsuit, Outback Steakhouse agreed to pay more than $19 million in a sex discrimination lawsuit.
—- Just last year, in 2017, the massive Mexican food restaurant Chipotle – with so many California employees – was sued. The lawsuit alleged that Chipolte did not pay overtime.
YES, A SINGLE EMPLOYEE CAN SUE A RESTAURANT
Let’s walk through one example of how you – as a restaurant employee – may be owed money after you have been fired or quit. While there are some exceptions, if you worked more than eight hours a day or more than 40 hours a week, then the restaurant you worked for must pay you an what’s called a “time-and-a-half” overtime rate.
If they did not pay you overtime, then you may be owed money.
In fact, there are many reasons a fired restaurant employee may be owed money.
YES – YOU CAN SUE YOUR EMPLOYER, NO MATTER HOW BIG
If you are a California employee, and your employee rights have been violated, you should not be afraid to contact an employment attorney. It is incredibly easy to contact a California employee rights lawyer that has experience protecting restaurant workers rights.
MOST CALIFORNIA EMPLOYEES DO NOT KNOW THEIR RIGHTS!
That’s the unfortunate reality. Most California employees think that just because they work in an “at-will” stare that they have no rights. Nothing could be further from the truth. Learn more about your employee rights. Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With 40+ remote attorneys, LFECR is able to work on behalf of clients anywhere in California. Fired unfairly? Your free consult awaits! Call 888-625-0959. IM our Facebook page. Follow us on Twitter, IG, Medium, LinkedIn, or our blog. Have a great day!
That is the million dollar question.
If you get fired for any reason, or quite for any reason, you may be owed money!
That depends on a number of factors and can be best determined by understanding your workplace rights.
FIRST THINGS FIRST…
One of the lest enviable positions an employee can find themselves in is needing the job AND being harassed or discriminated against at work. What is one supposed to do? You need the job. The money. You need to support your family. BUT…You are being treated unfairly.
FEDERAL LAWS PROTECT YOU, BUT MAYBE NOT AS MUCH AS CALIFORNIA LAW
Federal law does prohibit discrimination by employers; however, California law extends protections to certain groups where federal law may not.
Let’s look at some of the federal laws. The federal laws include but are not limited to:
– The Civil Rights Act of 1964 – This monumental and historical development in glass/group employment protection outlaws discrimination based on race, color, religion, sex or national origin
– The Americans with Disabilities Act – The ADA is a civil rights law that prohibits discrimination based on disability.
– The Equal Pay Act of 1963 – The Equal Pay Act prohibits discrimination based on sex.
– The Age Discrimination in Employment Act of 1967 – You guessed it. The Age Discrimination Act protects against age-related discrimination.
– The Genetic Information Nondiscrimination Act of 2008 – This act “The act bars the use of genetic information in health insurance and employment: it prohibits group health plans and health insurers from denying coverage to a healthy individual or charging that person higher premiums based solely on a genetic predisposition to developing a disease in the future, and it bars employers from using individuals’ genetic information when making hiring, firing, job placement, or promotion decisions”.
CALIFORNIA LAW GOES EVEN FURTHER TO PROTECT YOU…
Thankfully, California gets even more specific in it’s protection of employees against workplace discrimination:
– California’s California Fair Employment and Housing Act of 1959 (FEHA) – This act is a is a powerful California statute used to fight sexual harassment and other forms of unlawful discrimination in employment and housing,
– The California Family Rights Act (CFRA) – Also known as the also known as the Family Temporary Disability Insurance (FTDI) program, is a law enacted in 2002 that extends unemployment disability compensation to cover individuals who take time off work to care for a seriously ill family member or bond with a new minor child.
While California’s Department of Fair Employment and Housing (DFEH) protects the people of California from unlawful discrimination in employment, that does not mean that there is no workplace discrimination.
There is workplace discrimination. It happens each and every day.
And you should know your rights.
If you get fired for any reason, or quit for any reason, you may be owed money!
FIRED FOR ANY REASON? CALL 888-625-0959 FOR A FREE CONSULT!