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  1. #1
    Join Date
    Nov 2019
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    1

    Default Can I Sue a Large Corporate Restaurant

    My question involves labor and employment law for the state of: Georgia
    I just recently turned 18. I work in a restaurant which is one of hundreds. When I was 16/17 and still in school they use to work me over 5 hours without breaks. The manager has said sexual things about my girlfriend to me. When working a job they often make you do something else and you do not get paid for it. Even when I'm clocked out and let's say leaving I'll be asked to do things. I quit my day school for this job and it's a very uncomfortable environment. Do I have a case against them? I thought about threatening them with going to the news and exposing them.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,288

    Default Re: Can I Sue a Large Corporate Restaurant

    Unfortunately, Georgia does not have a state government agency for the enforcement of wage and hour laws. If you were shorted pay you can file a complaint with the US Dept of Labor. Local offices are in Atlanta and Savannah. Look them up.

    As for the sexual innuendo, depends on what was said, how often it was said, and what the circumstances were. But if you didn't file a written complaint with the owner or President of the company, it'll fall on deaf ears now.

    Otherwise, I don't see grounds for a lawsuit here. As you go through life you are going to occasionally have crap jobs working for aholes (everybody does). Get used to it and get over it.

  3. #3
    Join Date
    Jan 2016
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    417

    Default Re: Can I Sue a Large Corporate Restaurant

    Quote Quoting John3232
    View Post
    My question involves labor and employment law for the state of: Georgia
    I just recently turned 18. I work in a restaurant which is one of hundreds. When I was 16/17 and still in school they use to work me over 5 hours without breaks. The manager has said sexual things about my girlfriend to me. When working a job they often make you do something else and you do not get paid for it. Even when I'm clocked out and let's say leaving I'll be asked to do things. I quit my day school for this job and it's a very uncomfortable environment. Do I have a case against them? I thought about threatening them with going to the news and exposing them.
    Georgia doesn't require that employers give employees breaks: https://dol.georgia.gov/breaks-and-meals

    When you say "When working a job they often make you do something else and you do not get paid for it" are you talking about doing other duties and not getting paid extra, or are you saying you didn't get paid for time you worked?

    Quitting your "day school" was your choice -- no one forced you to do so.

    Lastly, when did you report the comments your manager said about your g/f?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,289

    Default Re: Can I Sue a Large Corporate Restaurant

    Your employer is free to change your duties even without a change in pay if it is a job that others get paid more for.
    Unless you're in management (or otherwise exempt), you can't be made to work off the clock.
    What your employer said about your girlfriend may or may not be a legal issue (though it is inappropriate).
    You quitting school is your own issue unrelated to this.

    The first thing is to contact the restaurant management (hopefully it is someone other than person you are having issues with) and express your concerns.
    If that doesn't work, the "off the clock" work you can sue over, but it may be easier for you to start with a wage complaint (Georgia lacks a dedicated section of the department of labor for this, so here's the federal one): https://www.dol.gov/whd/howtofilecomplaint.htm

  5. #5
    Join Date
    Jul 2018
    Posts
    1,794

    Default Re: Can I Sue a Large Corporate Restaurant

    Quote Quoting John3232
    View Post
    I just recently turned 18. I work in a restaurant which is one of hundreds. When I was 16/17 and still in school they use to work me over 5 hours without breaks.
    According to a very quick and cursory Google search, Georgia does not require that employers give employees (even those who are minors) breaks (nor does federal law impose such a requirement).


    Quote Quoting John3232
    View Post
    The manager has said sexual things about my girlfriend to me.
    When you told him/her that this made you uncomfortable and asked him/her to stop, how did he/she respond?


    Quote Quoting John3232
    View Post
    When working a job they often make you do something else and you do not get paid for it. Even when I'm clocked out and let's say leaving I'll be asked to do things.
    What are we talking about here? "Hey, can you toss me a can of tomatoes"? Or something more significant?


    Quote Quoting John3232
    View Post
    it's a very uncomfortable environment.
    You're free to quit and seek employment elsewhere.


    Quote Quoting John3232
    View Post
    Do I have a case against them?
    The only thing you might have a case for is unpaid wages if you're talking about significant unpaid work.

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