I was on maternity leave from my job Jan-March 2007. I work in an upscale chain restaurant where I waitress and bartend. I have worked there 5 years. While on leave, a position was "created" for another server/bartender--a "head bartender" position, in which she gets paid $8 per hour, as compared to my $2.83 or $4 when I bartend. This position never existed in our restaurant, and I have been there 1 year longer, also worked full-time all 5 years, and am a star employee. Can I sue? The mother-company is a very large, high-profile restaurant corporation.
2007-09-17 14:54:43 · 6 answers · asked by vanindel 2 in Politics & Government ➔ Law & Ethics
Also, this was not a "posted" position, meaning it wasn't announced to the rest of the staff (primarily ME). This particular girl who got the promotion had had trouble with her taxes in years passed, and I'm sure finagled this promotion as secretly as she could. I also owe a *load in taxes every year b/c I am a tipped employee. And it's not hard to prove--I have been given lesser "promotions" during my tenure with the company, but none as striking as a full-on daily pay increase, with almost no addtional responsibilities--the only thing extra she does is stock liqour on thursdays.... big deal, 1 hour and done.
2007-09-17 15:10:47 · update #1
Also, for those of you with negative, ignorant comments--I make over $50,000 a year in tips, working only 25 hours a week. But the extra hourly pay would negate the 3 grand a year I pay in taxes every April.... And it's not a sweatshop--it's airconditioned, easy, and fun as hell. But thanks.
2007-09-17 15:57:34 · update #2
Hell yes you can sue, but it will be very very difficult to prove that you deserve the position more and that not putting you in that position is discrimination.
2007-09-17 15:06:02 · answer #1 · answered by Anonymous · 2⤊ 1⤋
You can certainly file a lawsuit and claim that you should have been given the position instead of the other person. It's going to be a very difficult burden of proof to meet, however. The only thing that is guaranteed to you by the FMLA (Family Medical Leave Act) is that you can take your maternity leave and when you come back you will have a job. The "head bartender" position and the FMLA issues are really separate issues. You don't have a claim under the FMLA, since you have the same job now that you did before your maternity leave. If you want to try to file a lawsuit claiming that you should have been promoted, that's really not related unless you can prove that if you had not taken maternity leave, you would have been given the position.
I think the best course of action is for you to speak to your supervisor and explain that you feel frustrated because you feel as though the head bartender position should have been offered to you. DO NOT talk about filing lawsuits or make threats. By doing this, you let your supervisor know that you want to advance and are willing to work harder/longer/different hours (if indeed you are). You will also likely get an explanation as to why the job was given to the other employee. Most likely, the other employee was proactive and made the job happen by letting management know she was interested in creating such a position for herself. That happens quite frequently, and there is really no reason, if you've worked hard and are a star employee, why you can't make a similar position happen for yourself.
Good luck to you!
2007-09-17 15:13:59 · answer #2 · answered by Vicki D 3 · 0⤊ 1⤋
Unless your job is union, you have no recourse except moving on. I am sure there are lots more low paying sweatshops just waiting to get you on the payroll. High profile restaurants are popping up everywhere.
2007-09-17 15:31:43 · answer #3 · answered by sensible_man 7 · 1⤊ 0⤋
For what? Who cares if you were there longer. Did you care about the workload while you were at home with your new baby? There are sacrifices a mother makes (rightly so) and so don't expect to be given top priority when your priorities are where they should be, with that new baby.
2007-09-17 15:02:47 · answer #4 · answered by macaroni 4 · 1⤊ 0⤋
For what?
It's not your business what other people get paid. They pay people what ever they want. Your on leave. Why would they have to wait for you to be back.
2007-09-17 15:07:01 · answer #5 · answered by Anonymous · 0⤊ 0⤋
$2.83 dollars an hour....are you serious...that is third world coutry rate.
Well America takes on a different perspective hearing that.
2007-09-17 15:10:29 · answer #6 · answered by boxotricks 2 · 1⤊ 0⤋