I worked as a floor and event server at a fine dining restaurant in San Francisco, CA for about 2.5 years. I had issues with paychecks being regularly wrong, we weren't getting breaks, and a host of other problems. I wrote this thread last year after our paychecks bounced. I filed a claim with DIR last year. This was a recurring problem that started before me and continues today.
- I was hired to work full-time and was expected to be fully available, but only got 1-3 shifts a week the last 6 months I worked there.
- I was trusted to train literally every other event server, but lost the more lucrative events to my trainees. Their events could be worth hundreds of dollars more than mine based on the contract alone.
- My GM told me I was one of his most valuable employees based on my performance, willingness to work events, and for being a competent trainer.
- I tried to pick up open shifts from my coworkers, but each attempt was blocked by a manager without explanation.
- I made the least amount of money of any of my coworkers, again without explanation from management.
- This started after I complained to receive payment for 12 meal period violations.
- I got into regular arguments with management over missing tips, not getting breaks, and making less than my coworkers.
After 6 months of making less than half of my normal income, I left because I was basically broke. My GM told me I might still have a place if I changed my mind.
The new place was good money and had a great payroll program, but it was a miserable place to work for other reasons. I worked there for 2 months.
I called my old GM after hearing they were swamped with events and he agreed to hire me back. I asked if he would need me to sign any paperwork, but he told me it was unnecessary and I should put in my two weeks at the new job. I put in my notice, trained my replacement, and texted my old GM to ask when he wanted me to start. His response was simply that he changed his mind and I was a bad fit for the job *he'd already offered me.*
I filed a retaliation claim against my former employer based on a suggestion from the DIR agent I spoke with. I don't have access to my time cards anymore, but I can prove that my paychecks were off, I frequently missed breaks, my income was impacted, and that my GM's actions screwed me out of two jobs.
What information would I need to make my case? I have a lot of circumstantial evidence, but no idea if it's useful.