My sister works as a lead in a restaurant at a So Cal Theme park. She's been there for 12 years and other than having late time on her record (they get points that go against that kind of stuff each year and the point allowance renews yearly) she has no HR issues until recently.

Every six months there are rotations and managers and leads shift around to other restaurants. It's not mandatory as my sister has been at that specific restaurant for years. The last rotation brought in a new lead and a new manager. Both of them are gay. I will explain why I think that is relevant later.

Ever since this new lead and new manager have come in, the workplace has become increasingly hostile. It started with touching and became handling of employees and eventually the lesbian girl pinched and choked my sister. She had been physical with my sister and other employees before, but my sister never said anything because she didn't want to stir trouble. The other employees were afraid to complain and lose their jobs so they didn't say anything. In one instance she pushed an old lady from the kitchen bossing her around. When this girl pinched and choked my sister (left a mark on her neck) she went to the manager.

This started the new lead and the manager to start in on the employees, my sister in particular. My sister ended up getting called in and written up for innapropriate touching. This was reported by the lesbian lead. The incident in question is that another cast member was pushing on my sister's shoulder as she had a knot on it. The other girl was just working out the knot because my sister's back started hurting.

They characterized this as innapropriate touching. My sister then mentioned how that girl had choked her and nothing happened to that lead but a cast member rubs a knot on her shoulder and she is the one getting in trouble? They asked her when this happened. She told them that she reported it to her direct report. They had no record of the incident. The person she reported that to was friends with this girl who choked my sister.

Then my sister said that she had a witness but they wouldn't interview her because they were "friends". They asked my sister if her and her witness hung out after work and they don't. But the girl who choked her does hang out with the person that my sister reported the incident to. Still they wouldn't take a statement from my sister's witness claiming they are friends (Should this matter?).

Anyway, people in the restaurant were having statements written against them and it turned out the sous chef was reporting employees for any and everything. He comes into the restaurant with the forms to report employees in his back pocket and they are nitpicking the crew to death. My sister has complained, as have others and the complaints to the managers result in no action against the manager, the lead and sous chef who are harrassing the entire restaurant crew. Not only that but the complaints to the higher management are funneling back down to these three and they are then taking more actions against the employees.

People have left the restaurant and will not come back. The restaurant has a reputation in the park as being the worst place to work and this is due to this work climate. On top of this when my sister went to the union, they said they don't back up the leads. But my sister is paying union dues. Is this illegal?

What I need from this thread is to know what to do? Does she get a lawyer? Does she go to the labor board. Does she try and get othes to come forward that wouldn't complain before, like power in numbers?

The reason I ever mentioned the gay thing is that I have worked with gay people who overcompensate in the workplace to assert their authority. This is what I believe is happening here. People who may have been powerless in the real world and now have power over others and are abusing it because they can. The sous chef is also abusing his power making demands on new employees that they "respect him" and things like that.

I don't know how to help my sister. Anyone been through anything like this? How did you handle it?? Help!!!

She needs to go to the Head of HR at the park AND she should file a claim with the labor board re: sexual harassment.

Thanks Ren! Folks, don't stop because someone gave me one answer! I need all the help I can get here.

.

Shit tell her to document all of that shit...

Then go to
http://www.eeoc.gov/

AlienX2050 said:

Excellent point, she needs to create a journal of all the shit that goes down. She should write up all those things that HAVE happened and (sadly) continue to document things for another week or so, so it doesn't look like she's trying to get money or something. This will help her case TREMENDOUSLY! She needs to list date/ time/ place/ and possible witnesses.

SO glad I paid attention in HR law class...

RenHoek said:

I told her to see if she could get others to come forward, those who were too afraid.

SupaFunkyOrgangrinderSexy said:

They don't need to be afraid! They are protected from retaliation by the labor board. If they get demoted, fired or pay-cut after filing a complaint the board goes after the employer like a pack of wolves. The key is to journal everything!

first of all she needs to make sure she didnt sign any type of document that prevents her from seeking legal help. It kinda like saying if there are any "minor" problems that occur in the work, they will go through their attorney, and deliberate on premisses.

If she is in the clear, then she needs to get an attorney.
Problems that occur and reported in the workplace have to be, by law, documented.
She has rights, and she will prevail.

As for the peeps that dont want to speak, that what subpoenas(shit, I hope I spelled that right) are for.

keep a journal, write everything down like people posted before me. i've been through this at a workplace.....and i had to take it to the labor board and i had to file a lawsuit...and i won! she needs to take it to the labor board, and file a law suit! if they fire her for it, then it makes her case even stronger! she should not just stay there and take the abuse. she needs to go to an outside source if her company will not pay attention to her complaints. i hope everything will turn out well for your sister! keep us updated.

amorbella said:

OK, when she got called in for the "innapropriate touching" they had her sign something and she didn't want to sign it because she said it wasn't true and the manager said she was required to sign it anyway and that it was just procedural but I think they did this to cover the company ass in case she or anyone else want to come forward. This way it looks like she is the problem and they have right to dismissal. I told her she should never have signed it and she said that she won't sign anything else without calling her Union rep in. Does this make everything moot?

SupaFunkyOrgangrinderSexy said:

No it doesn't, there is no document that an employee can sign that would waive their right to further possible action.

Especially in the case of sexual harassment. A good lawyer will make mincemeat out of any attempt to claim otherwise. If she needs legal representation she can go to her County Law Library and find a lawyer who needs to do some pro-bono hours.

Well, at least they have this list at my law library, don't know if that's standard but most lawyers love a good HR case and the noobs will jump at the chance to get some good legal time under their belts...



nooblawyeredit
[Edited 8/6/08 11:25am]

SupaFunkyOrgangrinderSexy said:

NO!!!

She was forced to sign. She had the right to take documents to an attorney
or to a legal help center before signing anything

She needs to sit down, and write, dates, times and what happened the best she can remember.

She really needs to seek legal help

amorbella said:

Co-sign

RenHoek said:

She needs to move as fast as she can. You never know what "they" are doing on the other side

amorbella said:

See, I think the managers (company) is acting on the people it's easier to go after. If the can of worms opened up fully on the 3 people who have been harrassing the crew and all the people that have quit, complained and left, they would be in much deeper shit than just firing one or two of the harrassees.

SupaFunkyOrgangrinderSexy said:

Anyone who witnessed these actions, even if they've already quit can still play a part in action against the company. They should be contacted.

amorbella said:

I agree. Also, if she can get any of her coworkers who have been harassed to do the same it can only help her case.

applekisses said:

I smell a storm a-brewin' :rubshandsgleefully:

Once everything is prepped, call a news station an let them know whats about to go down, maybe they'll nibble or maybe they'll bite but the exposure can't hurt...

RenHoek said:

Wouldn't be a bad idea - like one of those "hall of shame" deals.

RenHoek said:

Is it a good idea to hire a PI? I wasn't sure if that would be effective since this is in the restaurant. Also, the sous chef started wigging out on his "respect" trip in front of customers at the restaurant.

RenHoek said:

Absolutely. And if this group has been a problem at other restaurants, there may be a lot of others. We're talkin' potential class action suit against the company here - especially if there is any evidence that they knew these people were trouble.

A labor lawyer will take a case like this on a contingency - especially if they smell a big payday. So your sister doesn't have to worry about paying legal fees.

She needs to document everything she can - dates of incidents and everybody she's talked to about it (both peers and leadership). The more information she can give a lawyer, the more likely they'll take the case.

SupaFunkyOrgangrinderSexy said:

Only if you've got liquid money layin' around... otherwise Document, lay low, observe, contact others...

RenHoek said:

I would absolutely NOT talk to the media except on advice of counsel. If she starts blabbing it all over, an attorney will be less likely to take the case.

And you don't need to worry about a PI, either. If the attorney thinks it'd be helpful, they'll handle that.

She is experiencing Sexual Harrassment at it's top form, which is being sexually harrassed and then complaining about it and then getting written up by the person doing it? Even if it's not sexual, it's still harrassment and it's against the law.

SHe should report it immediately to HR. She has already reported it to the manage, who did nothing. If HR doesn't look into this matter, they could have a HUGE lawsuit on their hands. The law is no longer in the favor of the COmpany, it's in favor of the victim esp. when the victim does things to try and stop it.

She should also consult a lawyer about what to do.

Unfortuneately she will probably have to switch jobs as these things never end well.

I do have to say if she gets a few people behind her, the theme park is FUCKED.

Genesia said:

True true, my bad...

RenHoek said:

I used to be a journalist. Trust me - they can fuck things up like you would not believe.

See +++ for my responses...


This started the new lead and the manager to start in on the employees, my sister in particular. My sister ended up getting called in and written up for innapropriate touching. This was reported by the lesbian lead. The incident in question is that another cast member was pushing on my sister's shoulder as she had a knot on it. The other girl was just working out the knot because my sister's back started hurting.

They characterized this as innapropriate touching. My sister then mentioned how that girl had choked her and nothing happened to that lead but a cast member rubs a knot on her shoulder and she is the one getting in trouble? They asked her when this happened. She told them that she reported it to her direct report. They had no record of the incident. The person she reported that to was friends with this girl who choked my sister.

+++it is not innapropriate if neither party finds it objectionable. How can someone report on innapropriate touching when they are not being touched. Unless the rules state that no employess shall ever touch another. A back rub is not innapropriate esp if both parties are ok with it. Now if it was an unwanted backrub, and YOU complained about it..THEN it's innapropriate. Also did the girl who rubbed your back (who did the actual touching) get written up?

Then my sister said that she had a witness but they wouldn't interview her because they were "friends". They asked my sister if her and her witness hung out after work and they don't. But the girl who choked her does hang out with the person that my sister reported the incident to. Still they wouldn't take a statement from my sister's witness claiming they are friends (Should this matter?).

+++NO. Not at all. When ever someone mentions innappropriate behavior or sexual harrassment, ALL parties and witnesses should be interviewed.


Anyway, people in the restaurant were having statements written against them and it turned out the sous chef was reporting employees for any and everything. He comes into the restaurant with the forms to report employees in his back pocket and they are nitpicking the crew to death. My sister has complained, as have others and the complaints to the managers result in no action against the manager, the lead and sous chef who are harrassing the entire restaurant crew. Not only that but the complaints to the higher management are funneling back down to these three and they are then taking more actions against the employees.
++++There must be a higher power to take this to. If not, you may be out of luck and you need to see a lawyer. But it sounds like the Theme Park has a say so. Go to them.

People have left the restaurant and will not come back. The restaurant has a reputation in the park as being the worst place to work and this is due to this work climate. On top of this when my sister went to the union, they said they don't back up the leads. But my sister is paying union dues. Is this illegal?

+++What did she say to them. They should protect her esp with the touching thing. What does not backing up the leads mean? If her first contact goes nowhere, she should talk to someone else and if they can't help, they should advise her what to do.

What I need from this thread is to know what to do? Does she get a lawyer? Does she go to the labor board. Does she try and get othes to come forward that wouldn't complain before, like power in numbers?
+++All of the above. I would go to HR first and make another call to the Union first. Go those routes Strength in numbers for sure.

The reason I ever mentioned the gay thing is that I have worked with gay people who overcompensate in the workplace to assert their authority. This is what I believe is happening here. People who may have been powerless in the real world and now have power over others and are abusing it because they can. The sous chef is also abusing his power making demands on new employees that they "respect him" and things like that.

+++I think this is restaurant life in general...or people in general. Maybe the fact that many gay people hold these kids of jobs act this way (and I know what you are talking about). I think there is more to it than just their sexuality, but more of where they are from. I mean how professional does one expect people who work in a restaurant in a theme park supposed to be?

RenHoek said:

It was probably a write up that she had to sign. Not the best thing for her to have done as it basically states she started stuff. But not a deal breaker.