Edit: since other threads seem to not get this. Yeah drinking at work not okay however when the boss hands you alcohol and has maragriata Fridays that whole rule goes out the window. You cannot punish someone for something you allow and facilitate.
Hey all I remade my post based off today's events.
This is in regards to my old post. If you didn't see my post I'll add all the information below. Trying to get my ducks in a row and find out what to do if there is anything.
Firstly we live in Corning California and this involves a butcher shop of 10 employees run by a mother and son.
Mother is HR
Son is Owner/Boss
Sons wife just passes away.
September 20th: Husband's pay was late. This is the 7th time in the last 3 years. This check was 5 days late.
October 5th: Again his check was late. So he left. He told his boss he would not work for free. He has a right to be paid and when he gets paid he would return. He was paid that night and then returned the next working day.
Then the grande finale that flabbergasted me. October 20th: not paid. My husband's shift starts at 5am so he sent him a text message. Hey boss wanted to let you know that our pay is late and this is the third time in a row. This is a total of 10 times.
His boss responded at 6:30. Acknowledging that pay was late. In a snarky way. I have screenshots of all this correspondence.
My husband responded again at 7:45 hey boss I do not work for free. I will be back when I am paid.
His boss responded, no you will return the 31st.
Mean while my husband's father, cousin, and other employees told my husband that the boss was ranting and pulled his pay stub and said that my husband's last check would be in the mail. Saying he is fired when he gets off suspension.
October 23rd. My husband sends a text and says I cannot be punished for wanting to be paid on time I will be there for my shift Monday morning at 5am.
His boss said no you will return the 31st.
Today October 24th. My husband showed up as planned and the boss arrives and says why are you here? There is multiple witnesses to this happening because the boss lied and said my husband was yelling at him over the phone over pay and we have call logs and texts to prove he's a liar. He never called his phone only texts.
Husband: because I cannot be suspended for wanting to get paid on time.
Boss: well how about your fired.
Husband: well then you'll be hearing from someone because you just wrongfully terminated me.
Boss: how did I do that? I am sick of the attitude, smoking, and drinking.
Husband: I have never smoked pot on your premises. Ever. But your manager Terry has openly discuess with you showing up to work stoned. And your son who works here smokes in the front parking lot daily. And you have handed me a modelo at 10:30 in the morning as a thank you for the hard work. The meat wrappers drink every evening starting at 3:30. We all have beer after work together so why is that problem now? This is about my pay.
Boss: you just need the get the fuck outta here
Husband: okay then I want my last check and all my product out of the freezer.
Boss: no you will get it at the end of today through direct deposit.
Husband: that will probably be late. I want my money before I leave.
Boss: Leaves to go to his mother's home which is attached to the shop to get his last check.
In regards to the overtime. He gets paid every two weeks. My husband noticed on check stubs that he has one that has 120 regular hours and 8 overtime hours. I thought after 86 it's overtime. Then another check was 99 regular hours, 97 regular hours, 81 regular hours etc.
Is there any legal recourse? All of this feels wrong. Keep in mind my husband used to be his only employee. They worked together to make the shop what it is. My husband loved his job and he's pretty heart broken. He knows he can find another it's a small town and all the butcher shops are in hot competition and they know my hubby so I know he will find work but his old boss cannot get away with treating people like this. He used to come home at 7pm and start at 5. It affected our marriage we worked through it but it just a huge slap in the face when you give your everything and get treated this way. The other employees are on my husband's side and office manager is distraught because there is no one to replace my husband and they are booked 4 months out. His bossed ruined such a good thing. A work family that worked well together. They were starting to be the biggest shop in the county and it came to this end. All over not getting paid on time. I'm a little heart broken. My daughter has helped in the shop too. We were family.