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I've been working for a fast food franchise since April. A male coworker (40yo)was hired 2 weeks before me (49yo female). We were both hired to become part of the management team. A male coworker worked nights (4 pm-11 pm) and I worked days (8 am-4 pm). I worked primarily directly with the RGM (53yo female). The male coworker got all of his training done during his normal scheduled work shifts within his first 90 days. He worked under Asst Mngr and a Shift Supervisor. They were told to get his training completed "no matter how short-staffed or how busy they are." Other new hires were given time to complete their training during their normal scheduled shifts. I was told that "if you want the promotion and raise, you'll have to watch training videos at home, on your own time." I contacted HR. They had it arranged for me to come into work 90mins before my scheduled shift to get my training done. I did that 4x and 3x I was put directly to work and never given the opportunity to get the training done. Skip ahead 3mos... 3 more new hires (all male, under 40yo), and all are given time during their regular scheduled shifts to get training completed. Including one getting further on his training in 30 days than I received in 4 months. This franchise even spent $200+ to get my ServSafe Certification in July! The RGM had excuses every day for me not getting my training done. None of them were "her fault" of course. Never mind she demanded that her under managers were held more accountable than she was, and never allowed to have excuses. Coworkers hired before me would pull "No Call/No Show" including a manager (2yrs w/ the company) and never was suspended. Coworkers walked out in the middle of their shift, with no suspension. Coworkers drink throughout their shifts, with no suspension.

Closing is a b*tch, especially in restaurants. Dishes are always a pain. The RGM assigned someone dishes because they couldn't handle being a cashier. I was given multiple tasks, including some of the MOD/MIC duties. I was one of 4 scheduled until 11 pm. It is a nightly practice that when you complete your tasks, you can leave. No one stays to help anyone else with their tasks. People leave as early as 10 pm on nights others are stuck working until 12:30 am. We are all scheduled to close and leave at 11 pm.

I ended up working 12 days straight because the RGM messed up the schedule and did not have the proper staff for each shift. RGM does not give proper breaks during their shifts, but other managers do. RGM does not post schedules 14 days in advance (per Oregon labor law) and frequently changes it after posting, without checking with employees.

I've also had to work 8 am-12:30 am (16hrs) because of the lack of scheduled staff.

Tuesday night, I'm scheduled 4-11p. I had called HR again about not getting any training and how a (24yo male) coworker who was hired less than 60 days ago has received more training on his regular schedule shifts. I was given the time to complete my training because HR called the RGM and said it had to be done. That night everyone was assigned tasks. I was not put on dishes as I usually do, because the RGM wanted me to run the line so that they could sit in the office and work on schedules. I asked repeatedly "what needs to be done to get off the clock" and one by one I completed various tasks, including ones the MOD/MIC are supposed to do. Someone (scheduled 4-11p) was assigned dishes before 6 pm. RGM let them leave at 10:15 pm and told me at 10:30 that I was to finish the dishes. I washed dishes until 11 pm and clocked out at 11:04 pm. The following morning I was suspended. It has been 5 days and still no answer. Just "we're still looking into it"

Should I hire a lawyer for my civil rights?

#1

I swear we must have worked at the same place! I'm not sure if it's discrimination persay, (although it very well could be), but you are definitely being taken advantage of. It sounds similar to the last place I worked, also a restaurant. I was promised promotions, raises, more help on the weekends. I was working 13 hour shifts alone answering phones for takeout and deliveries, packing them up, cashing out, as well as waiting on tables. I got zero help. And like you, I was stuck cleaning while the guys would just sit back bulls*'ting. It seemed like the women did all the closing cleaning while the men watched. My boss was just a horrible human being and there were by so many reasons for why I eventually quit. The final straw was him trying to cut my hourly wage and tell me that all cleaning and EON sidework was done off the clock. F**K THAT! So, I don't think it could hurt to speak to a lawyer, but at the very least you need to look for another job! Best of luck!

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Jynxiecat
Community Member
2 years ago DotsCreated by potrace 1.15, written by Peter Selinger 2001-2017

Yeah, this is total BS. Restaurant work is bad enough as it is without getting jerked around about position/pay etc and being treated unfairly and asked to work off the clock.

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    #2

    If you are in the US, I would definitely speak to an employment attorney. You can usually get a free consultation and they can help you determine what course of action to take.

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