February 1, 2010

Restaurant Workers Victorious in Wage Theft

A City judge in Ithaca, NY ruled in favor of five former restaurant workers, giving workers a precedent for taking action against unfair employers.

The workers took their claims for $8100 in unpaid wages to Small Claims Court. The decision was reached without objection from the restaurant's owner or manager - neither of whom attended the trial.

Ithaca in upstate NY has been hit very hard by the recession - even the dollar store went out of business. Restaurant work is one of the few thriving occupations. Working conditions are demanding and workers are often exploited.

Jackie Creque, one of the claimants, said, "Just because you're in a desperate situation doesn't mean you should let people take advantage of you. Workers need to take more personal responsibility to prepare themselves for situations where maybe their boss isn’t on the up-and-up and may not be looking out for their best interests. Keep track of your hours and tips especially, and make sure you don’t wait too long to go to court for such things."

Coordinators of the Tompkins County Workers’ Center joined the five workers in court. The Workers' Center is a Jobs with Justice affiliate.

2 comments:

ethnicguy said...

The problem with this is that it depends upon people being proactive in their defense and isn't also primarily punitive. Bosses get away with this all of the time, but we're told that small businesses create jobs and are the motors driving the economy. On a good day an "honest" boss is still stealing your labor and worth by not giving you the full value of what you're creating, providing or administering. So theft drives the economy? Good for these workers, and thanks for a GREAT post. I hope that we start seeing this in Salem.

ethnicguy said...

In the Statesman Journal today there is an article about Prime Steak and Seafood in Keizer closing down and possibly leaving customers with gift certificates and some workers stuck. Also possibly stuck are the owners of the McNary Golf Club where the restaurant is located. The owner of Prime Steak and Seafood closed the place on January 15; workers have still not received wages due to them. The owner skipped on the rent for two months and left behind enough stuff, he says, to cover what he owes. Customers may be able to redeem their gift certificates at a new upscale version of the restuarant opening in Portland.

The arbitrary and irresponsible attitude of the restaurant owner is stunning. The Keizer business wasn't working out so he relocated, apparently without paying all of his bills. The system has forgiven his sins and he is able to stay in business. Who wants patronize or work for such an employer?

People who skip two months rent and skip out on their landlord often leave behind some of their stuff, but the system does not forgive their debt. The employees have filed wage claims that have still not been processed and have clearly been inconvenienced. The owner meanwhile moves on with a blank check. Where is the justice? Its people like this owner who give exploitation and greed a bad name.