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The Magic Cafe Forum Index » » Not very magical, still... » » Legal Question (0 Likes) Printer Friendly Version

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James F
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Atlanta
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Im not really good with laws so I was hoping someone here might be able to help me out on a situation Im in. This is kind of long... So I applogoze in advance.

I worked at an Italian resteraunt for about a month. Today me and a few friends (we are all 17 and all work there) went in to eat. As we were leaving one of my friends did something stupid. Im kinda embarresed to say what he did because its very immature. Bassically the buffet table was closed and my friend walked by and licked the pie serving knife and put it back. I don't know if he was trying to be stupid or if he did it because the buffet was closed. Either way, he went home and later called my cell phone saying he got fired. (our boss found out) He said the rest of us werent fired but we cant go back and eat there anymore.

That didn't make much sense because it was my friend who did it, not me. So today I showed up for work and my boss called me over and pretty much cussed me out. I explained to him I didn't do it and it was my friend. He said he didn't care and again cussed me out making me leave. (i was fired) When I explained to him it wasnt me he said he didn't care because I was there. (of course I should mention the two phone girls that were with us didn't get fired)

So I said fine and I left not wanting to cause a scene over something so stupid.

Now comes to my question. The bus boys (I was one of them), phone girls, and dishwashers are all paid "off the books." Of course this is illegal. Im pretty mad that I got fired for nothing so I want to report him for paying people illegally. Ive looked around at the IRS web site and the Georgia Department of Labor web site and I cant really find any information on it. Can anyone lend some advice or send me in a good direction? Sorry for the long story but I think that even if I wasnt fired, his buisness should be reported because it is both illegal and immoral. Thanks.

James
RonCalhoun
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Independence, KY USA
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Why do you feel a need to hurt someone who at one time was helping you? Do you really want the IRS to charge you for the back taxes.

Besides, what goes aroung comes around. James I try to let people punish themselves.
James F
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He never helped me. Honestly, the IRS can charge me for the taxes, I have no problem with it. I felt something needed to be done but me getting fired for no reason basically got me to finally put forth the effort.

I talked to the phone girl there tonight and she said the owner fired me because "Im sure he dared him to do it" After she told him we had no idea untill we were in the parking lot he said "I don't care; guilty by association" Not that that makes any sense because then the two phone girls should be fired as well. I was told that he told the story to people in the retaraunt and the main response was "So why did you fire the bus boy?"

*sigh* I guess people can just be stupid sometimes. I honestly don't care much...He lost a hard working, honest employee. I hope it was worth it to him.

James
Daegs
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USA
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Just call up the IRS, someone there will be sure to help you out....

I say go for it.... shut the place down Smile
dpe666
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Fry him! Smile
Slim Price
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1935 - 2006
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All right, you're 17... I have the feeling, (not knowledge) that revenge will back-lash on you. You can get other jobs but you might hurt your reputation in that field.
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dpe666
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OH, NO! Never to work as a bus-boy again. His life will be ruined. Smile
Cliffg37
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Long Beach, CA
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I don't know you or your former boss, but I do know that every time I try to get revengo on someone, things work out badly for me one way or another. Let it go. Go get another job doing something better. You don't know where you'll be 5 years from now, and more importantly you don't know where your former boss will be either. You never know. You may have another encounter coming later. Stay on the best terms as you can givin the situation.

Especially do not report him to the IRS! They will open a file on you, and while you may not care now about having to pay back taxes, the file will not vanish when this is over.

Trust me, revenge is NEVER worth it.
Magic is like Science,
Both are fun if you do it right!
dpe666
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Quote:
On 2004-10-11 01:18, Cliffg37 wrote:


Trust me, revenge is NEVER worth it.


Oh, I beg to differ. I find that revenge is sweet. Smile
Matt Bartz
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Gilbert, Arizona
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How long were you working there?
Michael Baker
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Eternal Order
Near a river in the Midwest
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Quote:
On 2004-10-11 01:13, dpe666 wrote:
OH, NO! Never to work as a bus-boy again. His life will be ruined. Smile


DING, DING, DING!!! THE WINNER!!!

Although I would probably forget the whole mess and invest my time in something more productive than destructive, that was funny!!!
~michael baker
The Magic Company
DVA
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You were justly fired.

You made a very poor decision by witnessing what he did (even if the knowledge was gained after you were outside) and not acting immediately to rectify the situation. At 17 your social status is important to you and I fully understand that you didn't want to look like a snitch in front of your friends. The fact is he could have compromised the ability of the restaurant to continue doing business. Take into consideration the ramifications if a state inspector had been there and witnessed your buddy licking a utensil.Imagine if it had gone unnoticed and a person got sick because of it. Your inaction could have jeopardized many people.

These are lessons we all have to learn. Soemtimes stepping up is more important than looking cool.

It isn't your bosses fault that you were fired it is yours.

Now after reading this I feel really old. The point I'm trying to make is don't take your anger out on the manager because of something your buddy did. You should be p****** at him more than anyone because he got you fired.
Matt Bartz
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Gilbert, Arizona
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Ajojrf- The reason I ask how long you were working there, is from an honesty standpoint, it would be a good idea to pay your taxes, even if the employer wasn't taking them out of your pay. Pick up a tax program and pay them. That way if your employer gets busted for having paid you under the table, and was keeping any sort of record, it doesn't come back and sting you too.

I agree with the others. Move on. You're only 17. Don't list the job on your future job applications. Just forget you ever worked there. Since you were paid under the table, you shouldn't have any problems on future job applications by saying that you were never fired, as long you don't list that restraunt as a reference (and the new employer isn't personal friends with the old one). Let it go, move on, and learn from the experience so you don't get fired again.
James F
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Atlanta
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DVA,

I completely disagree. I think I did not explain the situation well enough and Ill try to make it more clear. I figured out that he had licked it when the manager came outside and directly said something to my friend. At that point is when I realized what he had done (from hearing the manager talk to him about it) At this point, the manager already knew and had fixed the situation. What was I going to do? Tell him what he already knew after hearing him HIMSELF tell me? Sorry I didn't make that clear.

I worked there for a little over a month. Although a lot of people are recommending that I just move on, I'm not so sure. I feel bad leaving a business knowing they are doing something illegal. I did find the number for the IRS and I'm considering calling it.

Thanks for all the responses, I appreciate it.

James
Cheshire Cat
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Wilmslow, UK
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Seems a rather immature, knee-jerk reaction from this guy to sack the lot of you, although I'd have certainly given the 'licker' his marching orders! Did you and your friends pay to eat there or was it a 'perk' of the job to have a free meal? If you paid it seems to me quite unjust.

Sleep on it a few nights before you make any decision of retaliation. As you get older you'll realise this is always a good thing to do. I cannot tell you just how many mistakes I made through not thinking things out when I was your age and well into my 20s.
James F
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Atlanta
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Yeah we paid to eat there. I am definitely going to take the advice and think on it for a few days. I've noticed it's better to think on things before acting as well. I think it gives you time to cool down and rationaly think about things before doing them. Thanks a lot for the advice.

And by the way, does your user name have anything to do with Blink182 or is it something different? (one of blink182 CDs was called Cheshire Cat if that isn't where you got your username)

James
KingStardog
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Walk away. You are just as wrong for taing his money as he was for not with holding taxes. regardless of how you separated, forget about it.

Now you know better than to work for an employer that doesn't withhold properly, and won't make this mistake on your next job. Its a learning experience, accept it as that.

Also this is realy funny:
"OH, NO! Never to work as a bus-boy again. His life will be ruined."
...think not that all wisdom is in your school. You may have studied other paths,but, it is important to remember that no matter who you are or where you come from, there is always more to learn.
Billy Whizz
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Plymouth, UK
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Take him to the cleaners
James F
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Atlanta
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I don't see how I'm taking his money...I'm reporting fraud. Even if he had never fired me, I think it's the right thing to do. I just got a call back from AMC Theaters... Looks like this won't be as bad as I thought. I'll probably not end up reporting him but it sure is fun knowing I could if I wanted to.

James
DVA
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142 Posts

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You were paid by him and accepted it knowing it was "off the books". Just as in "utensil licking incident" you are not free from responsibility. You willingly accepted an illegal form of payment.
Do you understand that there may be much more happen than just repaying taxes? Granted the chances of that are slim but you don't want to take the chance a judge might make an example out of you.

My advice is don't do anything besides cuss your buddy out for getting you fired. Wait a few days and go back to the restaurant (if you really want the job) and ask to have a meeting with the manager and the owner. Explain your position in a non-emotional way and see what happens.

I would seriously think first before bringing any kind of government into this.
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