Love help: Who can you go to, when being treated un fairly in the work place? - Help.com

i’m surprised you were able to make a living with 3 days(but only ’cause that would in no way work for me). i’ve never worked at a restaurant but, do they have any kind of HR department? if it’s a chain perhaps they have one which covers all? when you ask for more hours/days to work, do you have to turn in any kind of paperwork? i’d keep any documentation just in case. have you asked this manager why you can’t get any more hrs? or what you’re doing wrong so you could fix it and in turn get more? perhaps get free consultations w/ a few lawyers and ask them what you could do. i would personally also start looking for a new job.

there is a lot of racial anxiety now. especially because so many folks can’t find work. (it doesn’t make it right.)

not sure where you are. or how big this business is. large businesses have ombudsmans or union reps to help the employees. but otherwise, you might look into local activists networks. they have friends that know the law and may try to help you understand what your rights are. or look into local universities that have law programs. you might be able to get an interested student to advise you.

b/c the racism is very subtle, it could be hard to prove. you will need something more than what you’ve mentioned so far.

Do you work for a Corporation owned restaurant, Franchised owned restaurant, or a sole proprietor owned restaurant; what you should do depends on the type of business you work for.

Generically; the first thing you need to do is ask your manager why he has cut your hours. You don’t necessarily have to believe what he tells you but you do need to make a show of asking him. And don’t just ask him as you pass him in the hall; make it a point to ask for his time alone (make this request in front of witnesses) and then once in a meeting with him more formally ask him why your hours specifically are being cut. Be sure to have a lot of knowledge in the matter so that you may be able to question him directly without sounding as if you don’t know what you’re talking about. Know exactly how many hours have been cut from your scheduled and how many have been added to other peoples schedules. When you talk to your manager be polite and professional, do not be accusatory; simply ask your questions in a matter of fact manner as if you have no idea why your hours have been cut and that you are will to accept his answer.

Assuming you don’t accept his answer, and especially if you still believe his motivations are racial motivated, than you need to go over his head and talk to the next person in charge, or in the case of a larger business you can talk to your HR representative (if you don’t know who this is ask you manager). Again when talking to this person be polite and professional; if you wish you can start to be accusatory, but don’t make conclusions just ask questions, or make it clear you are speculating. Don’t say “My manager is being a racist!”; instead say “I think my hours are being cut unfairly but I can’t think of a reason why except for the fact that I am Mexican” Or “I asked my manager why my hours are being cut and his response, [state his response], doesn’t make a lot of sense to me. I feel as though I am being treated unfairly, do you think it could have to do with the fact that I am Mexican; because I’ve noticed he is treating a service member the same way and the only thing the two of us have in common is that we are Mexican”.

Now the question I have for you is for a real analysis of why he might be cutting your hours for legitimate reasons. In any debate you can’t win your argument if you haven’t contemplated all angels – including the ones that go against you. You especially need to understand the arguments that hurt you so that you can think of effective rebuttals. So what are some other reasons your hours might be being cut?

You said that you only work part time (three days a week) do the people who are getting your hours work a full time shift? Often in times of slow down a business will opt to give preference to full time employees over part time employees.

You say you work hard; but do you ever do anything that might be a detractor to giving you preference. For example do you come in late because you need to pick your child up from school?

I live in a small tourist town. Ive been looking forward to the summer, cause everyone said ‘its when the money starts rolling in’ I know Im a goid waitress, because I average about 20% of my sales, in tips. I have customers who request my section. This is my first serving job, but I really think I’m doing a good job. I wasn’t making 20% when I started, so I know I’m getting better. This isn’t a chain, it’s a newly opened Irish restaurant in New Mexico. I’ve heard some people say, an Irish restaurant with Mexican employees? But were in New Mexico, that’s the people who live in the area. I’ve never had a job, that I genuinly love. So Im working harder. But Ive been looking for a second job

I was originally working 5 days a week. I forgot what the date was, and missed a court date I was subpoena to witness at. And got arrested. I spent a week in jail. I was surprised I didn’t lose my job. When I got out that’s when my days got cut to three days. I understand that Im on a probationary period because of my absence. Since I wanted my work hours back. I’ve started getting ready two hours early, so I’m not late. (I was occasionally before, I have kiddos and sometimes things happen) when were slow, I try keeping myself occupied, by polishing brass under the tables, and scraping gum from underneath. Anything to show I’m good to have around. I used to freak out when I had a lot of tables, but now I know how to handle that and not freak out. I’m not done learning for sure, but I’m also not done trying.

To be honest will you than I don’t think your problem is that you are Mexican. It sounds more likely that your jail time and unreliable start time prior to the time you spent in jail are the root cause of your problem. It sounds as if you have left a bad impression with your new manager and right or wrong he is judging you based on that impression. There is nothing illegal or even unscrupulous about your manger having this opinion of you and using his opinion to steer work away from you and toward people he preserves to be more reliable.

It sounds as if what you really need to do is cause him to have a better impression of you. The extra work you do, and the fact that you are no longer late for work is a good step, but you need to take it further.

Again I would suggest you talk to your manager in a more formal manner as outlined before. However now I would suggest that you forget about asking why your hours have been cut (as it seems clear why they where) and instead open a dialog as to how best to win back his/her trust. Explain that you understand that you didn’t present yourself in the best light prior to your time in jail; but then explain that you want to correct that and would like his/her guidance on how best to do that. Ask if he/she would be willing to mentor you and teach you how to be a better employee. Explain how you try to keep busy when things are slow by making the restraint better for the customers and would like to know what else you can do to further that work.