OT prayers for my daughter

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Old 10-07-2009, 03:14 PM
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Unhappy OT prayers for my daughter

If you could spare a few could you send some prayers my daughter's way. She is dealing with sexual harassment at her workplace, is filing a lawsuit and is being targeted by her harasser because she filed the suit. He is trying desperately to find a way to fire her and is unrelenting with his abuse of her. The owners know that this is happening since another waitress also filed a suit but they are sticking their head in the sand and not doing anything about it. When I went with Megan to meet with one of the owners she told us that there was another suit pending but that she could not fire the manager at this time. He is the one that makes the schedule and has made Megan's life hell by cutting her hours, giving her crumby sections, etc. The owner promised Megan two days a week and since then it has been a fight to get those two days. There is no follow through from the owner. Megan does not know if she has a job or not and a mutual friend called her and told her that her boyfriend who works at the same restaurant says that the manager is now saying he is going to fire Megan for eating a breadstick (they don't get breaks no matter how long there shift is) and that the Manager made the comment that he "had a wet dream" last night thinking about firing Megan and the other girl who has a lawsuit. This is a nightmare for Megan but she is still clean, still going to college and getting good grades and still trying to put one foot in front of the others. My prayer is that this man gets what he deserves. I would appreciate yours. Thanks, Marle
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Old 10-07-2009, 03:25 PM
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Wishing her strength.

Please remind her to document everything, with witnesses if she can.
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Old 10-07-2009, 03:32 PM
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Prayers for her Marle. Sounds like an awful place to work. Restaurant jobs are fairly easy to come by. Especially upscale ones look for those with experience. I hope she will remove herself from this situation. I did it all through college, it's good $, but the customers can be a pain. I can't imagine dealing with the customers AND the crap from the managers.
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Old 10-07-2009, 04:19 PM
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I will pray for you Marle, for Megan, and that Mr. Wet Dream gets what he deserves also
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Old 10-07-2009, 04:48 PM
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(((Marle)))

I just started with my workman's comp suit against my job and am afraid I may be facing the same issues when my employers find out. Part of my lawsuit is that I need to keep my job, but they can make it a living hell and have already done the cutting of hours and horrible sections so I understand what Megan is going through.

I am incredibly proud of her for staying clean and going to college. My studies have suffered because I have a hard time concentrating.

My prayers are with her. She and I will come out stronger for this and tell her we WILL be okay and there is something better for us...it's just hard right now.

We survived an addiction to dope....we can do this Oh, and tell her I said there is a special place in hell for our bosses and those who let them get away with what they do.

Many, many hugs and prayers for you and Megan, because I know when Megan hurts, mama hurts too.

Amy
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Old 10-07-2009, 07:18 PM
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Prayers for Megan...You show some incredible restraint too, Mom...I'd be tempted to go in and take care of old wet dreams
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Old 10-07-2009, 07:52 PM
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The employer is liable if they knew of the problem and did nothing to stop it.

The onus is on the employer to prove they exercised " reasonable care" to prevent or correct the harassment. This does not necessarily mean firing the offensive person.

Any reduction is hours is not going to help the employer's case. Is this a small business or a national chain? The laws are the same, regardless.

Megan needs to maintain a spiral notebook, in chronological date order, with any pertinate notes with no missing pages. It would be dandy if the hearsay about what this manager said could be documented and signed by the wittness. Otherwise, it's just noise.

Be aware that contrary to popular opinion, federal law does not require employers to provide breaks for rest or meals. Assuming Megan is working in state, your state has no requirements for meals or rest periods for employees 18, or over. Some unions have however, bargained for mandatory rest periods which may be the source of some misinformation when applied to different work situations.

Suggest that Megan stop eating breadsticks. It matters.
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Old 10-07-2009, 08:01 PM
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Wow, OOL, I didn't know that. I was told we were supposed to have breaks of 15 minutes for every 4 hours. I guess I need to check my state laws. Of course, OUR business has been so slow, it doesn't really matter

Hugs and prayers!

Amy
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Old 10-07-2009, 08:14 PM
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Originally Posted by Impurrfect View Post
Wow, OOL, I didn't know that. I was told we were supposed to have breaks of 15 minutes for every 4 hours. I guess I need to check my state laws. Of course, OUR business has been so slow, it doesn't really matter

Hugs and prayers!

Amy
Just did it for you. There are no laws in your state mandating rest periods or meal breaks in the private sector. The one exception is breastfeeding which must be granted as unpaid time. I assume one could push this to include pumping. Yeah.... I know, more inf than anyone needed to know.
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Old 10-07-2009, 08:38 PM
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Well, don't have to worry about the breastfeeding issue Bottom line for Megan and I, I'm seeing is CYA and document, document, document.

((Marle)) don't know if Megan has this on her phone, but my blackberry has a "record" function and so do most cell phones. I don't know if it's admissible or not, but I've sworn that the next conversation I have with my boss in his office, I will be hitting the "record" button because he is famous for telling me, later, "you're a liar" when I call him on what he says. Guess I need to ask my lawyer about that.

Hugs and prayers!

Amy
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Old 10-07-2009, 09:44 PM
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My prayers go out to you all.

I had many, and I mean many cases where I could have had a sexual harrassment lawsuit case. However, in my state ( CT) I know it dosen't say that on my location.....
I was told they are very, very hard to win. We are an 'at will' state, when it comes to employment.... they can pretty much say your fired because you are blonde, and we only want brunettes! It's crazy and extremely stressful. I worked in the automotive industry.......... just as bad/ even worse than hopspitality. (yet the resturant bizz is horrid also.)

My thoughts are with you.

Love,
cess
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Old 10-07-2009, 11:05 PM
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((Cessy)) - GA is an "at will" state, too. I am not going into this to win a large amount of money. I will be lucky to get enough to tide me over to find another job.

I know Megan has been dealing with this for a long, long time - I remember Marle mentioning it practically since Megan started working there. I know in GA, sexual harassment is NOT that hard to win or at least get a good settlement...even if you ARE fired. Documentation is the key. My case is about the robbery, PTSD and the sorry way workman's comp and my company handled it a year ago, which is why I still have issues.

From what I've read from Megan and her mom - her employers are going to wish they hadn't messed with her. She may be young and beautiful, but she is also a very smart young lady with an even smarter mama.

Hugs and prayers!

Amy
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Old 10-08-2009, 01:44 AM
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There is no excuse for this kind of harassment, and I'm glad she is doing something about it.

Times have changed in the workplace in the 40 years I have been there, and it's people like Megan who have stood up for values and rights that has made it far more civilized than it used to be.

Hugs to you and Megan, and a pox on Mr. Wet Dreams
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Old 10-09-2009, 08:42 PM
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(((Marle))))
And YEAH! for Megan for making a difference in the workplace.


Prayers for strength and determination.

Hugs......
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Old 10-09-2009, 09:11 PM
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:praying for Megan
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Old 10-10-2009, 09:37 AM
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Be aware that contrary to popular opinion, federal law does not require employers to provide breaks for rest or meals.
That is not true, it must go by state. Not true in my state at all. I have gotten thousands of dollars in class actions lawsuits from all the restaurants I have worked at because they did not allow us breaks.
Must depend on the state.

Marle there are lawyers out there who would love to take your daughters case, every one of the restaurants I have worked for, all high profile, and several fine dining, and have been sued for this exact type of stuff.
I have checks from others who have filed. It is so highly illegal the stuff
they are doing. I agree about the notebook, that will help her so much if she pushes this.

I'm sorry Megan is going through this, tell her to pm or email me if she wants to talk.
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Old 10-10-2009, 05:41 PM
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There are no federal laws compelling breaks for employees.

There are only 19 states that have laws requiring meal breaks for workers. There are only 7 states that require rest breaks for workers.

My own state only kicks in after a 7 hour shift.

Break and meal laws exclude employees whose work under a collective bargaining agreement.
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Old 10-10-2009, 06:56 PM
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Marle I tried to pm Megan it said her box was full, tell her to pm when she gets a chance or when she feels up to it.
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