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  #1  
Old 05-18-2009, 06:05 PM
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I Handed in My Resignation Today.

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You may or may not know that I've been working in a sandwich shop for the past 2 years and 3 months. It's not a hard job and by no means is it a career, but I'm good at it and that's what gets me out of bed and off to work each day. Considering a friend and I do the work of 3 (sometimes 4) people in that kitchen, that is no easy task.

I've got mixed feelings about this decision, but the wife is supportive and it has been a long time coming considering the conditions I have to work in. I have some coals in the fire and a really good opportunity within grasp,...so put out some good vibes that one of these pans out for me.

I've kept pretty mute about what has been happening at my job over the past year and a half, but I thought I'd just share my story and see how the TB community responds. This is a novel....many apologies. You are a trooper if you read the whole thing.

The establishment shall remain nameless because there is some serious **** about to hit the fan there. Also it is worth mentioning that the owner hasn't visited the location I work in probably a year...even though he lives within 20 miles of it.

Even though we are making money hand over fist and we are busier than we've ever been...the business is somehow floundering.

We've had linen (bar towels...tablecloths etc.) repo'd. We've had our dishwasher repo'd and replaced by another company's... and they will probably be repoing their machine soon. Our vendors will not deliver to us unless they get COD or the owner cons his way into getting our orders delivered. We've almost had our water shut off. I'm wondering when I'm going to go in and have to throw a walk-in fridge/freezer full of food away because the power has been shut off.

Today is the first day of near 80 degree weather and it had to be at least 10 warmer in that kitchen. I can not spend another summer in an overheated/un-air conditioned kitchen. I got really sick last year due to dehydration. and I'm sure getting my *** kicked in a kitchen had a large part to do with that.

The owner of the establishment is being federally investigated on income tax evasion charges. I've seen the affidavits and the search warrants. 7 years of unpaid taxes.

The owner of the establishment has failed to pay employees SSI. So that is two years worth of SSI that I am undocumented for. If I get hurt tomorrow and have to claim SS Disability....I'm pretty much have to bend over backwards and cut through red tape to get because of this guys greed.

This is the kicker, but let me preface it a bit. A lot of this comes as a learning experience of my own. I was put in the position of needing a vehicle. I had no money down and was unwilling to get a co-signer. I took the easiest route and went to a Fly-By-Night car dealership and drove off the lot with a used Isuzu Trooper and in debt for about $2700.

The long story short is the truck stopped running after I sank a bunch of money into maintenance and repairs (including a faulty brake system [wrong fluid in the master cylinder...not of my doing] which renders the vehicle un-roadworthy...it can not be sold in that condition) etc. and I refused to pay for something I couldn't use. The finance company repo'd, auctioned and then moved to garnish my wages....fine by me. They screwed me (buyer beware...yada yada yada...I know, lesson learned) so I wasn't willing to make it easy for them to get "their" money.

The garnishment started coming out of my checks somewhere around June of 07 and continued on till early 08, to the tune of about $2000. Come to find out...the owner of said establishment took the money out of my check and did not pay the garnishments. He pocketed it.

Needless to say I should have quit the moment I found out I was being ripped off, but I put it out of my mind...gave the owner the benefit of the doubt and thought he'd sort it out. A few months go by and the garnishments still aren't paid. I basically just continued to work there because I liked the people I work with and had a hard time believing that there were other jobs out there. If I quit I couldn't collect un-employment (if he even paid into it). I felt stuck between the proverbial rock and a hard place.

I also found out through the finance company that they will seize the money out of his accounts if he does not answer the writ of garnishments. I had hoped to linger around long enough for that to happen. Something like that did happen but whether or not it was for my situation I don't know. I do know that he has pocketed garnishments on other employees' child support (both here and out of state where 4 other franchises exsist). Unfortunately in that case the persons getting garnished can wind up in jail. That's pretty effed up. Luckily I have no children and therefore am not a deadbeat dad.

After all this I still continued to work for the guy. If he spent any time in the stores I'm sure I would have been gone long ago, but I only now started to be proactive in finding something better. The past couple of weeks I've been peppering the restaurants with resumes. I know the garnishment may follow me to another employer and I'm taking steps to recoup the money that was withheld and not paid. I've asked for copies of pay stubs that reflect withheld garnishment and he has not complied. I'm about to lawyer up on this.

The positive outcome is this has made me more aware of the importance of keeping track of documents and pay stubs; being a more educated buyer on major purchases and generally being more proactive in discovering and correcting "mistakes".

The one job I'm really hoping to get is at a 501c non profit organization. They sell local produce and organic and whole food stuffs as well as organize a farmers market and distribute CSA (community supported agriculture) shares. A CSA share is basically a seasons worth of produce that you pay a one time fee for and you pick up a box of produce a week that can feed a family of for. It is a great value because fresh local produce lasts up to 4 times longer than commercially available factory farmed produce. Typically the season is from Mid June to end of September. I truly believe in the CSA movement and keeping money local and see this as an opportunity to help worthy cause grow as well as advancing in my own life.

If you made it this far thank you for reading this. All comments and criticisms are appreciated.
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  #2  
Old 05-18-2009, 06:15 PM
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Damn. Best of luck.
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  #3  
Old 05-18-2009, 06:15 PM
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Wow.




Damn. I am without words, James. If the evidence is as clear as you describe it, you should have no problem winning that case in court and putting his irresponsible, greedy arse even further in jeopardy. Most importantly, I hope you are able to get the money back that you deserve, and I hope that your new job opportunity proves fruitful.

Best of luck, man.
  #4  
Old 05-18-2009, 06:17 PM
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Read through it.

Good luck on finding a better situation, it sounds like anything might fit that bill.

Definitely be sure to C.Y.A., don't let this guy's greed/incompetence land you in more serious waters.
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  #5  
Old 05-18-2009, 06:22 PM
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Damn. Wow. I hope something goes for the best for you soon.
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  #6  
Old 05-18-2009, 06:29 PM
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It is really a tough situation because in the current job market this guy is using employment to deceive and steal from people. I find it ironic that he thinks nothing bad is going to happen. There is a reason why this location is on it's 4th manager in 2 years. There is a reason why I can do everything in that cafe and take on the responsibilities of a manager but won't. It's not that I can't do it...I just don't want to deal with the owners greediness.

The job I'm seriously hoping to get (the CSA/Non-Profit) is community and family first. They are interested in providing people with a quality nourishing product...bottom line be damned...and that is really appealing to me. I don't even mind if they garnish my wages...as long as they don't screw me over; which I have a pretty good feeling they won't.

I haven't started working there yet but they have already given me the task of setting up a drum circle for their next farmer's market. I'm hoping to earn "brownie points" and think that this could be a good sign. I've given them a resume and sent the president of the non profit an e-mail as well as a cover letter. I also participated in the farmers market yesterday and met with the president. I'm pretty much going to keep bothering them until they hire me....=)

It's got me feeling pretty good.

Oh the other thing that is sort of a stars aligned moment. They are a smoke free work place and I recently quit smoking. I think if this opportunity arisen and I still smoked...that would have held me back from applying. Perhaps I quit cigs at the right time. Perhaps this is a good omen.
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  #7  
Old 05-18-2009, 06:29 PM
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You stuck around wayyyyyy longer than you should have. No matter how much you like a job if the boss is an *** to the point of not remitting granishments.....then whew......he really is a piece of work. Good luck in the future!
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  #8  
Old 05-18-2009, 06:33 PM
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Sadly, there is quite a bit of this going on from what I hear from my civilian friends. Not a bad time to be in Uncle Sugar's Big Grey Canoe Club.

GL my friend.
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  #9  
Old 05-18-2009, 06:37 PM
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Originally Posted by Geddyfleaharris View Post
You stuck around wayyyyyy longer than you should have. No matter how much you like a job if the boss is an *** to the point of not remitting granishments.....then whew......he really is a piece of work. Good luck in the future!
A giant +1

The previous manager was always good to me and had a lot of respect for me because I knew how to do my job well. She recently got a new job and the new manager..... He just doesn't have it. His people skills are poor as are his customer service.

The other thing that pushed me to resign was talking to the President of the Non-profit. It was an off the record conversation and I prefaced by saying that it wasn't my intention to bad mouth my employer. I basically gave her the same story and she told me that I needed to not work there. She told me it was her mother instincts talking as opposed to an employer. I really took that piece of advice to heart.

Last Day = May 31st.

I'm also kicking around the idea of getting involved with enough musical projects to play a gig a night 4 to 5 nights a week. Maybe start making some money at this bass playing thing.
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Last edited by warwick.hoy : 05-18-2009 at 06:39 PM.
  #10  
Old 05-18-2009, 06:41 PM
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Good luck with that, It's sad to heard that people are getting f'd over that bad, but things will get better for you.
  #11  
Old 05-18-2009, 06:49 PM
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If you need it, I have several baseball bats that you can have if you need to "garnish" your money back.

In all seriousness, that blows. Take him to court and get all your money back. Then find a sweet job and forget about it.

lowsound
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  #12  
Old 05-18-2009, 06:56 PM
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Quote:
Originally Posted by warwick.hoy View Post
Last Day = May 31st.
I'm actually surprised with how poorly you were treated that you gave them any notice at all.

Props to you for doing the honorable thing. Not that I think the owner even deserved this from you. But your co-workers will appreciate it.

Definitely a good move to get out of there. Better late than never.
  #13  
Old 05-18-2009, 07:06 PM
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That sounds horrible -I wish you the best of luck with the farmer's coop thing
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  #14  
Old 05-18-2009, 07:26 PM
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File a complaint with Dept. of Labor, Div. of Wage and Hour then get in line.
It's one of the faster moving and more aggressive offices in the gov.

Good luck.
  #15  
Old 05-18-2009, 08:26 PM
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Wow. The owner is certainly a candidate for a**hole of the year.

Take him to court, and do everything you can to get what you are owed, and see that he is punished to the maximum extent of the law. I hope that one way or another you get justice.
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  #16  
Old 05-18-2009, 08:40 PM
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Quote:
Originally Posted by warwick.hoy View Post
The owner of the establishment has failed to pay employees SSI. So that is two years worth of SSI that I am undocumented for. If I get hurt tomorrow and have to claim SS Disability...
That's right. You would get screwed.

I'll bet the benefits suck, too.

Time to move on. Find a legit workplace.
  #17  
Old 05-18-2009, 09:03 PM
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Get a lawyer.
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  #18  
Old 05-18-2009, 09:14 PM
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Crazy stuff, I'm surprised you stuck around as long as you did.

Best of luck going forward.
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  #19  
Old 05-19-2009, 12:22 AM
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When you are dealing with an employer concerning wages owed for work performed or legitimate discrepancies concerning deductions, you don't need to hire a lawyer or go to court.

You need wage and hour.

If that guy has one breath of life left in him or if his estate has one penny left, they will get it for you and balance the account.

Trust me. I have been in your situation more than once. It's one of the few instances where the burden of proof in not on the accuser. If you tell W&H that he owes you X, he has to prove he doesn't or they will take it out of his butt.

It seems odd that someone would go to the trouble to get a garnishment and then not get all bent when the order was not being fulfilled. That might turn into a civil issue. The SSI?. W&H will go at that with a vengance for sure.

Last edited by Steve : 05-19-2009 at 12:28 AM.
  #20  
Old 05-19-2009, 02:14 AM
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i thought i had it bad when i lost my job... prayers are going your way..
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