Posted on 11/03/2014 2:27:09 AM PST by FreedomStar3028
So I just need some advice here, I have a friend that is employed by a restaurant franchise. I've been told by them that the boss does some things that are pretty terrible. The worst I have been told is that the boss propositions young girls still in high school for sexual favors, for promotions etc. That's just the worst thing I've heard.
My friend has worked there about 2 years. However she wants to do something about this, and has told the corporate offices. I guess they sent some investigator and I was told management knew they were coming and got rid of all of the younger girls that might say anything, my friend was retaliated against and threatened with her employment and pay if she ever said anything again. This was about two months ago, my friend let me listen to some of the messages supervisors had left her. She has a chronic medical condition that prevents her from working about once every 3 months for a few days.
Just last week I took her to the hospital and the employer kept calling her, she couldn't answer it, crying because she was in so much pain. They left her messages threatening her employment if she didn't come in. Literally said he was going to take away all her hours but keep her on payroll to stop her from collecting unemployment. I helped this friend GET OFF of welfare(food stamps, phones, etc) and encouraged her to get a job. She's thinking about quitting and it will be very hard for her to find anything else because of her medical problem. I need to help her somehow. I have no idea where to start as I have had no legal issues like this. If anyone has any idea about laws in Oregon please PM me. I'm pissed, she doesn't make enough money to hire anyone but I would help her if a lawyer thought she had a case. After what I've been told if my daughter were working at this joint I would probably put this guy in the hospital, and myself in jail. I want to anyways. He only hires young kids that don't know any better and is teaching them terrible work ethic, and is getting away with it. Doesn't even need to be a legal solution, but the guy has got to go. Apparently she's not the first to complain either, multiple times he has been investigated all by women and it gets pushed under the rug because he's a family friend to the owner of some sort or some relative, she doesn't know for sure. I'm not going to do anything illegal but what can be done? Most of these kids would talk but it seems like they get intimidated or fired if they speak up. The owner gives lots of money out to schools and stuff which I think has something to do with it.
Flame away, or help. But no one should get away with taking advantage of young kids like this. I feel like this guy is doing his part to keep kids on the government dole.
If she has recordings of the boss saying what he was saying about unemployment, unemployment officials take a dim view of being played like that.
If the owners cover for such behavior, they are too stupid to stay in business.
HR is there to protect the company. Less than 1% of complaints make it to court and win. Most lawyers will give you a free consult to review the merits of a case. Document everything.
Also, unemployment works on pay. So if they keep her on the list but no hours she can still file.
Go to the local EEOC office.
Given the scope of what you are describing, and the fact that others are willing to talk, they will investigate. Any retaliation against employees for not providing sexual favors is sexual harassment according to the law. Any retaliation for cooperating with an investigation is also against the law.
Your friend may want to get an attorney separately.
Yes, I know. But she has worked there two years, he won’t give her a good reference, she won’t be able to use that gap for a reference. So she will have to go work her butt off again and start over. This girl is one of the only people that has ever listened to my advice about working hard to get ahead and she is getting shafted for it. Plus, I am not going to sit around and let other even younger girls who might not even be of age be treated like meat. Not to mention what he’s teaching to the high school guys that work there. Justice must be served. She doesn’t want to collect unemployment, she wants to work. I’m afraid if she does go on unemployment she will eventually be back on food stamps, living on low income housing with a bunch of kids with no husband. Or start taking drugs. It’s a horrible situation and she needs my help but I have no idea where to begin.
“Oregon Law Center (OLC) provides free civil legal services to low-income individuals to assure fairness on matters related to critical needs like food, shelter, medical care, income and physical safety.”
In Oregon, it appears only one party needs to consent to recording a conversation (IANAL).
I don’t work there, I have heard the threatening messages and talked to people that currently work there she hangs around with. I don’t know if the sexual favor thing is true because I haven’t seen it first hand, but the messages are. There are other things I have seen. I don’t agree with the minimum wage laws but it was supposed to go up 50 cents or something , she showed me check stubs and until JULY this year they have been paying I know for sure her the wage from last year.
She is friends with my brother, 7 years younger than me. I understand that most of the people that defend him are women that started there in high school.....all promoted weeks to months after their start date that have worked there for a long time, the owners son, and the accountant. I’m not even sure the owner knows, they own multiple franchise locations around town, and throughout the I-5 corridor. The corporation doesn’t care. The company transferred him last time some people actually got somewhere. After settling for almost 50k. I don’t understand why he is still employed, it might be due to the fact that everywhere he goes profits increase is what I heard.
The only evidence she has is those messages. As far as I know he never propositioned her, or she won’t tell me. But I won’t ask her that. Maybe I should apply for a part time job there. Are there any laws regarding audio/video devices without being declared in Oregon?
I think the EEOC is the place to start. Know any way to get younger people to talk? She is scared. I don’t get it.
So, basically if I set her up with a wire, her consent would make recording audio legal? Or would she need the consent of another co-worker, but not the manager?
Thanks, FRiend. I will check this out and convince her to do a consult. I need to get some more people there on-board without alarming the management somehow. Everything helps.
He can’t “keep her on the payroll” and not pay her. You report those earnings to the state every quarter, if she has no earnings, she’s unemployed.
But I don’t know if you get that much money if/when you become unemployed from restaurant work.
I’d urge your friend to look for another job, she can’t be the savior of the world and neither can you.
If she really wants to pursue this you might call around and see if a lawyer would take the case on a contingency basis, that is they don’t get paid unless they win the client money.
If it’s really a big chain, with deep pockets, and she can prove she’s a bona fide “whistleblower” it might be worth a shot.
But really, she might be better off looking for another position. This person doesn’t sound like a nice guy, so if she can keep up with this current job I’m sure she could find someone better who would work with her re: her health issues.
Tell your friend and his/her harassed friends to quit. No one is holding a gun to their head.
From that link, if she is a party to the conversation, her consent alone would be sufficient.
Leaving a voicemail is consenting, I’m sure
You are making excuses, which could mean your friend wants it no other way except her way.
We freedom loving Americans have a Government official for almost every aspect of our lives, we are all carrying one under each arm so to speak, and feeding them.
Government officials love to shut a business down now and then, it makes them feel good..
So she can either go to an official or she can just mind her business and do her job.
The other girls can take care of them selves better than she can take care of them, if they can`t then it is time they learn.
I wouldn't do that before talking with a very good lawyer first.
Oregon ping
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