From : A Private Citizen of Texas , Employee of [name removed]Restaurant
Feburary 1, 2010
Dear ,
The [names removed],
Indecent Exposure , Sexual Assault
On or about November 17, 2009 , [name removed], owner of Restuarant [name removed], unzipped his pants and exposed his genitals to a female employee. In fear of retaliation , she has confided in me to request help. She also verbally warned all other female employees of the occurance.
[the owner] grabs the wait staff' (all white female) in a lude manner, touching their inner thigh's by means of grabbing from behind and reaching between the legs. During many of these occurences there are customers and other employees present. I witnessed [name removed] , owner of the restaurant [name removed] grab a waitress by the upper rear portion of the leg, and laugh. The Waitress looked at me in horror . I encouraged her to file a complaint and she replied , "I'll lose my job".
Texas Penal Code:
Sec. 21.08
. INDECENT EXPOSURE. (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.
Sexual assault is usually considered a more serious crime and may be classified as a felony,
Sexual Harassment
An employer may be liable to an employee for instances of "sexual harassment" which can include unwelcome sexual advances, conduct or other physical or verbal acts of a sexual nature, which occur in the workplace. The following conduct is generally considered sexual harassment.
(1) Direct sexual conduct--an employer makes sexual advances or statements
(2) "Quid pro quo" - job-related benefits are offered in exchange for sexual conduct
(3)Hostile work environment--an employer maintains an overly sexual work environment
Non-Compliance of Federal Wage Laws .
Not one single hour of my overtime has been paid . Some employees are working strait double shifts without recieving proper compensation. Payroll checks bounce due to insuffucient bank funds. Employees are recieving cash from the till and being asked to endorse their payroll checks due to insufficient bank funds. On one occasion I requested a paystub and was reprimanded verbally. Payday for me was cash in an envelope with no record or tax information included. Sometimes, I would have to wait for the next day's till to recieve my weeks pay.
The [name removed] restaurant reports exactly the same amount each shift for each waitress no matter how much is earned. An overnight waitress caclulated she earned an average of $3.13 per hour. Far below the Federal minimum wage.
Sec. 62.051.
MINIMUM WAGE. An employer shall pay to each employee the federal minimum wage under Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206).
There are many claims that [name removed] restaurant is deducting money from paychecks weekly. This money is being deducted because the till count is short at the end of thier shift. Some waitresses refuses to work if the initial count shows them to be short at the start of the shift. Still they find ways to take their small $80.00 paycheck. One waitress works 7 nights a week because she only makes just over $3.00 per hour.
Sec. 61.018
. DEDUCTION FROM WAGES. An employer may not withhold or divert any part of an employee's wages unless the employer:
(1) is ordered to do so by a court of competent jurisdiction;
(2) is authorized to do so by state or federal law; or
(3) has written authorization from the employee to deduct part of the wages for a lawful purpose.
Pornography being displayed in the lounge to Employess and Customers by Owner/Manager of [name removed] Restaurant
I'm sure that City Officials would have a few choice words about this matter. Several witnesess to these occurances claim that [the owner] displays pornography to unwilling bystanders that includes employees and customers via laptop computer. The female employees felt very uncomfortable when a scene of a woman performing oral sex was called to their attention by [the owner] during a viewing of the pornography.
A known prostitute is currently employed at [name removed] Restaurant. According to several insiders, a customer caught a sexually transmitted disease from a prostitute during his visit at the [name removed] Restaurant. [the owner] could not deny these claims becuase he walked in on the sexual act as it was happening in the men's room. The infected husbands spouse threatened to alert the media and Local Law enforcement and demanded money to keep it quiet. The restaurant paid the angry spouse and deducted payments from the employee's weekly paycheck. The employee is still employed at the restaurant.
City Ordinance:
Sec. 36-2.
Certain businesses and conduct prohibited.
(a) A person commits an offense if the person intentionally or knowingly operates or conducts any business in the city in an adult encounter parlor, escort agency, or adult modeling studio.(Code 1961, § 21.04.02; Ord. No. 97-21, 6-3-1997; Ord. No. 98-31, 11-17-1998)
Sec. 36-13.
Authority to file suit.
(a) A person who violates these regulations is subject to a suit to enjoin operation of the SOB under V.T.C.A., Local Government Code § 243.010 and is also subject to prosecution for criminal violations.
(b) The city attorney is hereby authorized to file suit to enjoin the violation of this division. A suit may be initiated upon information received from private citizens or any law enforcement agency.
(Code 1961, § 21.04.27; Ord. No. 97-21, 6-3-1997; Ord. No. 98-31, 11-17-1998)
Discrimination - Racism at the [name removed]Restaurant
African American workers verbally complain openly to the managment about the white people getting the better jobs. They claim that [name removed] Restaurant is not only racist , but verbally abusive and often use the racial word [racial slur removed]. I have heard this word very often while employed there, especially by [name removed]. In fact one was refered to as a [expletive removed] by [name removed] during a conversation at the employee table regarding an overnight black cook. Comments like "what do you expect out of a [racial slur] are a daily occurence. Having an African Amercian Sister , I was deeply offended by [name removed] remarks.
Important Facts:
99% of the full time wait and management staff are white , there are no Black cashiers, waiters, or any other publicly viewed positions.
99% of the kitchen staff are black and part time and are assigned to non public work stations. Dishwasher , prepcook, Cook.
Money Laundering / Embezzlement / Fraud
Co-owner [name removed] fraudulantly records false profits. Below I will state provable motives. There are witnesess to these occurances. They claim [name removed] will pocket a large sum of the till and report far less than actually earned.
(1) She fraudulantly recieved disability and continued to do so after gaining ownership of the restaurant. Built the financial structure using her spouse's name to facilitate this.
(2) Her lease agreement requires her to pay a percentage or adjustment if her said profit margin does not reach expectations. Therefore, she reports far less.
(3) Records fraudulant profit data to avoid Federal , State, and Local Taxes.
(5) A Recent promotion of an hourly waitress to General Manager resigned the position due to financial discrepencies. She was expected to sign off on financial reports she absolutly knew were fraudulant. 14 days after the promotion , the Mananger requested to be demoted for nopayment , and did not want any involvment in the fraud that was occuring.
Any thoughts or pearls of wisdom regarding this letter before i send it to everyone?
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