So last Sunday, one of my managers decided to ask another server to come in even though she had reported being sick. She told the restaurant she had a fever and they made her come in anyway. She threw up during her shift, and when she tried to go home, the manager was such a dick about it that she started bawling crying. He made her feel like shit for missing one shift because she was violently ill! I stepped in and said, “He cannot ask you to come to work if you're sick. That is illegal. He also cannot ask you for a doctor's note until you have missed three consecutive shifts.” She ended up testing positive for COVID.
I was talking with other servers, and with her, about our labor rights and how the management had attempted to violate those rights. The service manager, the one who made the sick server cry, said “We're going to have a conversation about this right now,” and I informed him (courteously) that I had been advised by an attorney in the past to record these conversations with management, and that I would be recording the conversation (as is my right).
In this conversation, he attempted to convince me that I was not supposed to be talking about labor rights with my fellow employees. “I don't need you spouting off about things you don't understand,” to which I responded, “I am not spouting off about anything. I am discussing my labor rights with my fellow employees in our place of work, which is protected by law.” He told me not to discuss it again, and next time to get a manager.
Fast forward to today, Friday 2/17. The General Manager (the other manager's boss) approached me to discuss the incident. He began the conversation by asking “So what happened with you and David's conversation?” I told him that I had been discussing my labor rights, as was my right, with my fellow employees in our place of work. He then told me I was not allowed to record conversations, and said that they had a a “company policy” which stated this. I informed him that I understood Arizona to be a one-party consent state, meaning I did not need his or anyone's permission to record. State law supersedes company policy. He was extremely upset, and began saying that I could not record him if he did not want me to.
I told him that was illegal, he could not ask that. He also could not ask me not to discuss my labor rights with fellow employees. He argued back, saying that it was company policy and I had signed it, agreeing to follow it. I said I wanted to see the policy, and that if this conversation was going to continue I wanted it to be in the presence of HR and my attorney.
After requesting to have the conversation with HR, he abruptly clocked me out and sent me home. I expressed my desire to work the shift, I need money, but he said “No, just go get with HR and let me know what they figure out.” I called back and asked if I would be expected to return to my other shifts, and he said “I don't know, what did HR say?” I informed him that he was my direct supervisor, and had just sent me home. I needed to know if I was to return for my other shifts, because if he said no, that was termination and I would need to file for unemployment. Again, he gave me a non-answer that was along the lines of “Why don't you ask HR”.
TLDR: Manager broke labor law by asking a sick server to come serve food in a restaurant. I spoke out against this after he made her come in, she threw up during her shift, and he proceeded to make her cry about having to go home. Extremely disrespectful and probably grounds for a hostile work environment. Then, HIS boss retaliated against my bringing up this violation by sending me home from work when I requested to have the conversation with HR present after he repeatedly stated things which I believe to be illegal. (Saying I cannot record conversations, saying I cannot discuss labor law, and finally saying I cannot work because I reached out to HR).
I could use all the advice and help I can get. I've already filled out the complaint form with HR and begun looking for attorneys, but I really need the community here to come together on this one 🙂