Q: Is being asked to move to another restaurant due to complaints about harassment and bullying considered retaliation?
I have been experiencing harassment and bullying at the restaurant where I work, including gossip, mean remarks, not receiving help, and mockery. I've made formal complaints to HR and management, but nothing has been documented or resolved, and HR has not returned my calls. Now, I've been asked if it would be better for me to move to another restaurant. Additionally, there has been payroll fraud, and I am not receiving gratuity owed to me. Is being asked to move to another location considered retaliation, and what should I do next?
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A:
Being asked to move to another restaurant after you’ve reported harassment and bullying could be seen as retaliation, especially if the request is tied to the complaints you made. Retaliation occurs when an employer takes an adverse action against an employee for asserting their rights, such as complaining about harassment. If your move is a response to your complaints and is meant to shift the issue elsewhere rather than addressing it, that could be a violation of your rights.
Additionally, the issue of payroll fraud and not receiving the gratuity owed to you could further complicate matters. If you are being denied wages or tips that are rightfully yours, this is another concern that should be addressed. This could be seen as an illegal practice by the employer, and you may be entitled to back pay.
To move forward, you should document everything related to the harassment, bullying, and payroll fraud, including any communications with HR and management. If HR has been unresponsive, it might be helpful to file a formal complaint with the labor board or seek legal assistance to ensure your rights are being protected. It’s important to address both the retaliation and wage issues as soon as possible to protect yourself and ensure fair treatment.
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