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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1851
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I am the General manager of a restaurant. This place has 2

Resolved Question:

I am the General manager of a restaurant. This place has 2 owners- Owner A & Owner B! I work closely with owner A, pretty much every day. Seems like Owner B is going to get bought out or pushed out due to rumors of him stealing and such.. (I really don't know the exact reason, thats just the hear say)

Today Owner B comes into our establishment (I havent seen him in 3 months) and he was ANGRY! Starts yelling at me about how terrible this place looks! (our sales are up and everything is top notch) so I ask him "please come in the back, you're making a scene in front of the customers"
He proceeds to yell at me all the way back to the kitchen, then gets about 1/2" from my face and starts YELLING AT me "I will f**king destroy you, you disrespect me like that in my business"
Me: "what are you talking about"
OwnerB: "SHUT THE f**k UP!"
He slams his fist into the wall and kicks a chair right next to me and keeps yelling "SHUT THE f**k UP"

I was so scared I am a girl and 5 feet tall at 115lbs he is a Stereriod freak at 6' 350 lbs!

And he wouldnt get out of my face and was just staring at me!

Im scared what should I do.
I'm home now and I dont want to go back

what are my rights. It sucks that I have to loose my job cause hes crazy.

Please help
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today. Are you online with me?

Employment-LawExpert :

Welcome to the chat

Customer:

yes

Employment-LawExpert :

First, let me say that I am terribly sorry to hear that you are in this situation.

Customer:

Thank you. I didnt know what else to do

Employment-LawExpert :

In regards XXXXX XXXXX law, there are two separate issues here. The two issues are your rights as an employee, and your rights as an individual

Employment-LawExpert :

You definitely came to the right place to get started

Customer:

ok

Customer:

thank you

Employment-LawExpert :

First, let me talk to you about your rights as an individual (not an employee)

Employment-LawExpert :

Though it appears you are typing so I will let you finish before I continue

Customer:

I know this is unnaceptable and when I called the nice owner he just told me to go home and he would come in and handle it. I heard from other employees that they are both still sitting at a table together and this happened hours ago

Customer:

sorry go ahead

Customer:

I just feel like I have put my heart and soul into that place and no one has my back :(

Employment-LawExpert :

No, please do not be sorry, your input is important and additional facts may give me more information to work with as it applies to your case

Customer:

thank you

Customer:

am I being charged by the minute? do you know

Employment-LawExpert :

You are not being charged by the minute.

Employment-LawExpert :

You pay a one time fee to the website

Customer:

ok

Customer:

thanks

Employment-LawExpert :

If you feel that I have provided you excellent service at the end of our conversation, you have a choice of providing me a rating

Customer:

also some of the altercation is on video and there were several whitnesess

Employment-LawExpert :

If you do so, then I will be compensated for my time with you. However, lets worry about that once we have talked more

Customer:

ok yes I will say you are the best, please tell me what to do

Customer:

ok I appreciate it

Employment-LawExpert :

Okay, before I start I would like to know. Did you at any point believe that your life was in danger during the events that took place?

Employment-LawExpert :

Also, do you feel that your life would be in danger if you went back?

Customer:

I was just so scared.... I thought there was a possiblilty that he was going to hit me. he was piunching walls and tables. He kicked a chair

Customer:

oh and he said because I talked back to him that I was fired

Customer:

look a bit of back story. Owner B had a GM and they were thought to be stealing money together. So they both were removed from the store and I was appointed GM! which was 4 months ago. Ever since they have been mulishes and spitfull towards me and slandering my name just stupid drama

Employment-LawExpert :

Do you have an employment contract stating that you can be fired for cause, or are you part of a union?

Customer:

Ever since I have been workin with owner A everyday. Owner B and the the old GM would not help me do anything or even communicate with me. They have been sabatoging our establiosment since they left

Customer:

no union

Customer:

Iam not sure if I have a contract like that. I can find out

Employment-LawExpert :

Okay, regarding your personal rights, you have a claim for assault and intentional infliction of emotional distress (IIED) against owner B.

Employment-LawExpert :

If you wanted to, you could bring a claim against him in a court of competent jurisdiction by yourself, or with the help of an attorney. If you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.

Customer:

ok. Should I call the police? I really dont want to look like an idiot if I happen to lose my job and then it comes out that I should have called the police today.

Employment-LawExpert :

You could make a formal police report, but because it is no longer happening, a police report will not help very much.

Customer:

does that claim bring criminal punishment or does it involve sueing for money>

Customer:

?

Customer:

ok I just want to be sure on the police part. I have heard it on "cops" (tv show) a thousand times.

Customer:

"ma'am... Did you did you file a police report"

Customer:

lol

Employment-LawExpert :

There are criminal charges and civil charges.

Employment-LawExpert :

The criminal charges would help you get a restraining order against this individual

Employment-LawExpert :

If you would like to do this, then the police report would be an essential first step. However, you would realistically only be allowed to get a TRO after a second occurence. More importantly, because he is the owner it would be difficult to get a TRO for his place of business

Employment-LawExpert :

If the police could show up now and observe certain things showing what he had done, it could be useful in a civil case

Employment-LawExpert :

However, from what you have described, it sounds like the only thing they would be able to do is take statements from the employees there

Employment-LawExpert :

Criminal charges place him in jail. Civil charges compensate you monetarily for what has happened.

Customer:

are you still here?

Customer:

oh sorry I just saw this

Customer:

ok so I just start by finding a lawyer and file a claim for assault and intentional infliction of emotional distress (IIED) against owner B?

Employment-LawExpert :

If you would like to, yes. You can go to Martindale.com and find an attorney willing to take a case like this on cotingency.

Employment-LawExpert :

This means that you will pay nothing out of pocket

Employment-LawExpert :

If the attorney wants to charge you a consultation fee, then you would hang up and call the next attorney on the list.

Customer:

ok. Now what about if I some how get fired or released.... Can I file a wrongful termination suit? or something along those lines?

Customer:

ok if they ask for a retainer... hung up.. lol thank you

Employment-LawExpert :

Okay, now I will talk to you about the employment side of what has happened

Customer:

thank you so much

Customer:

I already feel so much better speaking to you

Employment-LawExpert :

Wrongful termination, or a hostile work environment are things people constantly see on television or hear about from friends

Customer:

true

Employment-LawExpert :

I am glad that I have been able to help so far. It is always nice to know that I have left someone feeling better than when we first speak

Employment-LawExpert :

Unfortunately, wrongful termination (and hostile work environment) are terms reserved for protected classes under your civil rights

Customer:

ok

Customer:

so if I get terminated or "fired" for no reason... Meaning I do an awesome job and they just let me go for there own personal reasons.... oh well for me?

Employment-LawExpert :

This would be something like your age (40 or older), gender, race, religion, genetic information, pregnancy, national origin, creed, or disability. First, it sounds like owner A has told you that you are not fired, so that may make you feel a little better about this. Second, California is an at will employment state. This means that they can fire you for any reason that they want unless it violates one of your civil rights (mentioned above)

Customer:

ughhhhhh good ol' california lol

Customer:

ok

Employment-LawExpert :

This is why I asked you if you had an employment contract.

Employment-LawExpert :

If you do, and you were fired, then you would have a cause of action for breach of contract

Customer:

so I just want to do the right thing.... meaning stick it to this "big tough guy" as best I can. Since you an I both know I cannot continue to work there under conditions like this

Customer:

no contract. If anything I signed a paper upon hiring that states they can fire me for any reason

Employment-LawExpert :

So, there are a few things to consider here. If you honestly feel that you cannot work there anymore, then you have good grounds to file for unemployment now because he said you were fired.

Employment-LawExpert :

More importantly, you were fired without cause.

Employment-LawExpert :

However, if you quit, then you will not receive benefits

Employment-LawExpert :

Does that make sense?

Customer:

yes it does

Employment-LawExpert :

That being said, if you want to continue working there, and file a claim against owner B, then your job would be protected as they cannot retaliate against you for filing a claim against owner B

Employment-LawExpert :

However, if you like your job otherwise, then you may want to consider what you want to do as Owner A seems to be on your side.

Customer:

so the claim goes against owner B or the restaurant?

Customer:

and what happens of owner B is broke and has nothing?

Employment-LawExpert :

The claim would be against owner B, however, because owner B has an interest in the restaurant you could go after the interest in the restaurant

Employment-LawExpert :

Owner B has an interest in the restaurant

Customer:

oh ok I understand

Employment-LawExpert :

However, if he declares bankruptcy and actually has nothing, then there is an old saying in the legal profession. "You can't get blood from a turnip" This means that if he is insolvent, and has no way of paying you, and if he declares bankruptcy, then unfortunately you would not be able to collect

Employment-LawExpert :

But again, from what you have said he has an ownership interest

Customer:

ok I get it

Customer:

well they say he is an Owner...

Customer:

but I havent seen the paperwork

Employment-LawExpert :

He is likely the owner

Customer:

true

Employment-LawExpert :

That is not something people tend to lie about

Customer:

should I say anything to owner A or should I just start the paper work

Customer:

cause I want to be protected if I file

Employment-LawExpert :

So, while I cannot tell you what to do in this situation, you definitely have the right to bring a claim against him if you were in fact afraid that he was going to hit you, and a reasonable person in your situation would have thought the same. That is entirely up to you. I would definitely call a few attorneys tomorrow before talking to Owner A. Also, this will allow you to sleep on it so that you can decide if you want to keep this job or not

Customer:

youre amazing. So if I put that you were excellent... do I only get charged one time?

Employment-LawExpert :

Yes, that is correct

Customer:

ok thank you

Brandon, Esq., Lawyer
Satisfied Customers: 1851
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and other California Employment Law Specialists are ready to help you

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Brandon, Esq.
Brandon, Esq.
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336 Satisfied Customers
Has received a certificate of recognition from the California State Senate for his outstanding legal service.