If I'm wrong let me know.

 I am very aware that when a person tells a story of an event, they color it with their own perspective to a certain extent. So with that said I would like to tell you about a situation that some out there may be going through themselves, but do not know what to do. My wife and I live in a small town with a burger dinner. My wife is employed at this dinner but dose not get paid on time, and when she gets her check it is no good(not even the bank it's drawn from will honor it). She has talked to her boss  repeatedly and they do take care of the problem when they feel like it is convinent for them. Out of respect for my wife I have stayed out of it, although this isn't an isolated event but a repeated practice. My wife has tried working with them on establishing a date to be paid on other than  the posted pay date, and has even told them when she will deposit it in her bank. They work her and the other cook 13 days in a row and do not give over time, they seem to justify this with the fact that they only schedule their workers for 5 and 1/2 hour shifts. They expect their employees to provide themselves with a  uniform but will not reinburse or provide the uniform for their crew. These are all accual things that are going on, and I havn't emblelished one bit. Yesterdat though was the last straw,I got up and checked my bank account and fount that our account was overdrawn by 800 dollors, due to the fact that my honey's check didn't clear. I had informed my wife that if somthing of this nature were to accure again I would call her employer personaly, so I did. I did not yell, or even use a single derogatory remark but was told that because I had called, my wife may be fired. I didn't argue, I just hung up. After my wife had woke up I informed her of what had transpired, she called her boss and got griped out for a bit and then was invited out to lunch. I thought that was strange but was even stranger is they got her drunk and then droped her off to go to work, knowing they just got her drunk. I am definatly incuraging her to look for a new and more stable employer, but the fact is with jobs as scarse as they are right now it's wrong in my oppinion to abuse your employees just because you know they need the money even if they have to work like slaves.  I would really like to hear all points of view on this matter.If I'm wrong let me know.

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Permalink Reply by Christian Logay on January 4, 2011 at 12:12pm

Greetings. I wanted to give you my perspective as to what you are going through. Maybe after reading what i have to say, you and your wife can make a solid decision as to what to do about your situation. First and foremost, If your wife's employer is not honoring the established pay rate and pay schedule, the first step for correction is to notify the Labor department for your county. Employer mishandling/witholding of payroll is illegal and needs to be reported as soon as possible. Understand that by doing so, you make your wife and yourself available for rebuttal by the employer so make sure you have all the facts and your are truthful.

Next, is aimed at your wife more than you. Your wife made an agreement to perform assigned duties and in return, the employer would pay her for her work and time. If your wife puts herself in a position of possible termination by drinking alcohol during her shift or on her lunch break, then she is at the mercy of her employer as to possible termination for negligence or otherwise some type of blackmail or extortion. Your wife must remain clear and free from any derogatory or "poor character" type of involvement with her employer in order to maintain a case finding in her favor.

When it comes to your position in all of this, Im sure you can agree, that it is frustrating to sit back and watch all of this happen to your wife and not do anything about it. Please understand i have been through a similar situation with my wife and her employer so what i am explaining to you comes with experience. As the Husband, it is in the best interests of your family and your household that you only advise your wife as to what to do and NOT to intervene on your own. The situation becomes worse for your wife when "personal outsiders" intervene like this. ONLY ADVISE your wife on what to do or say if she does not know herself. Have her make the correction, not you.

And lastly, when it comes to having a job, yes i will agree jobs are scarce these days, but they do exist in the industry that your wife is working in. Do not be afraid to leave the job for fear of not finding one right away. Yes It may take some time to find another job but she will find one eventually. Also, Your wife must hold on and not quit her job. Let the employer fire her. This way it shows that she held on as long as she could and tried to do as she was instructed when she files for unemployment. There will be an interview with the employment department before employment benefits are granted and the EDD frowns on voluntary resigantions.

If you and your wife feel that you have an issue that is cause for a Legal case to be heard in court, do yourself a favor and seek the advice of a Lawyer. At this point from what i am reading, your wife has a "Hostile work Environment" case which will grow into a "Wrongful termination" case. The labor laws protect workers, but they do not do any good if they are not sought out. Let me know how it turns out.

Have a great day!

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