Wage Theft Suit, Sign On?
Establishment: Frank’s, Lil Frankie’s, Supper
Location: East Village, NYC
I wanted to reach out to you guys in hopes of finding some support through this. I was recently employed by an East Village mainstay, Frank Restaurant, and was terminated after 2 months. I was told it was bc the owner just "didn’t feel" me. That was a horrible way to "fire" someone but that was/is not my major concern. My major concern is the fact that we employees were never paid a wage and were forced to share tips with him, Frank, the owner; the manager, who was never there; and the kitchen. The suit was filed early Thursday AM and a substantial article was written on Grub Street. Here’s the <a href="http://nymag.com/daily/food/2009/06/frank_accused_of_witholding_pa.html#comments">link</a>. There is a tremendous following of this article. I’ve been reading this blog/website for years and have never read anything like this. So far, 22 comments and they range from support to outright personal and professional attacks. I knew that by doing this, I would find opposition. That’s why I’m coming to you guys. I’ve been in the bar/restaurant industry half my life, or 15 years. I have witnessed many atrocities but never any this egregious. As a bartender, I was required to pay out the kitchen every shift I worked. I was informed on my 2nd night of training that this money used to go to Frank up until a few months before. ??? I have never had to pay my employer to work for him/her. I have never had to pay my manager to do his job. And, paying the kitchen to cook food when the boss should have paid him adequately??? I walked away from the wrongful termination unscathed, really not allowing it to bother me. You know, the "not worth it" thought? But I felt a constant nagging. A nagging that I just couldn’t walk away quietly this time. I had just HAD IT. Frank rules his restaurants through fear and intimidation. As an employee, you are constantly reminded that you could lose your job–that we should be grateful to have a job at all. That we are a "family" and Frank "takes care" of us. There was a running joke by the GM that he would make a shirt that said "YOU’RE NEXT" on it. Not funny. If by "taking care" he meant not paying us a wage and taking our tips, then yes, he took great care of us. One server was auditted and asked to be put on the books. Frank’s reply was, "What, are you fucking stupid?" and said No. There will be plenty of former and current employees signing on for this. Many commenters are telling us we should keep our mouths shut since all our friends are drinking/eating for free or that our actions will increase food prices from legal fees or that we should have quit if we didn’t like the way we were getting paid…and I just can’t even begin to address these comments. They are so completely wrong and misinformed. The best is that we are "out to get money". Some claimants may have intentions of being repaid the money that was stolen and withheld from them for the past 6 years. I can’t speak for them, but I can tell you that I’m not doing it to get paid. I’m doing this to be HEARD and RESPECTED. I only worked there for 2 months. I just couldn’t turn my back on the people who have lost so much and are too scared to say anything. No matter what job you do, we all deserve an opportunity to make an honest living and this man/company has been stealing from us for 12 years (the statute is only for the past 6, though). Nothing about these restaurants is legal. DOH, DOL, DOS, you name it. I was once told that if I was ever injured working for the company, that I was to just tell them at which hospital I was treated and they would come pay the bill in cash. I worked for their catering company before I was "paid a favor" of bartending in the restaurant and heard of these offenses but I had never witnessed them. I have no personal vendetta against Frank or the management. At some point, they were good people (I can only assume) but a little taste of dipping into the cookie jar with no consequence has deluded them into thinking that it’s ok. Take all the hits at me you want, personally. But, attacking my business? This stand has to do with fair and just treatment, not my latest dinner party (which was amazing, by the way). I am hoping that by explaining myself to the people on The Ghet whom I consider a very solid peer group, I may find some support and most of all some comfort for what I feel to be a very responsible action which will improve the quality of the bar/restaurant industry. If not, I understand that, too. If any of you know of any former or current employees who may be interested in more information, please have them contact me. The bigger the movement, the better the chance of us being heard. Thank you so much for your thoughts.
Comments
I find this absolutely ridiculous. Sam this is directed in response to you. Why if you think it was such a “nagging thought” to do this did you work for Frank’s catering business taking home a paycheck every week when some weeks you were doing nothing? You received a paid vacation after working for how long? Some clients you were directly stealing from his business to use for your own catering business? Did you feel the nagging then do do the “right thing?” Where are your morals? Your full of shit and just so everyone knows- Sam went around basically begging for people to sign- via twitter, email, text, phone, and facebook- in the end out of 3 restaurants and almost 300 people- former and present employees a total of 2 or 3 other people signed besides the 3 original= a total of 5 or 6. You want to talk about turning your back on people you worked with for two months? You made fun of them and were rude to them the first week you worked there! What are you talking about “nothing in these restaurants are legal?” What about your business? What is legal about your catering business (or lack of)? Your full of shit I have been out of the whole loop since quitting the restaurants but now that I am catching up I can’t even imagine as to what you were doing there in the first place- if it looks like shit and it smells like shit- well then folks- it probably is shit. You got fired because you were rude and unappreciative to your bar guest. Don’t try and fool the public eye with your “I need a little support here guys.” If your a money grubbing whore- at least be honest about it.
You are a little bitch. You gladly took your money from the job for two months then got fired and now you complain. You are a bartender one of the easiest ways to make money I know about, I’m sure you never report your cash tips. Why don’t you turn yourself over to the IRS before going around pointing fingers at people. If you have worked in this industry for the amount you say you have these practices should come as no surprise to you. The people being taken advantage of in this industry are immigrant workers not hipster douche bags.