working in a bar.

[mistoffolees]

I think at this point, the owner is not going to take her seriously. i have already explained to her, this whole thing is her own fault. she should not have drank, she should have brought money and a cell for her ride home, she should have brought someone with her to protect her at the bar. the bouncers did not have her best interest in mind, they were there to protect the bar, not her. the owner had no obligation to make sure she got home, only that she be paid, or at very least told why she wasnt being paid. if she leaves this as it is, he (the owner) is likely to do this again to another unsuspecting victim. i am not here to keep her from solving her own problems, or growing up. i just needed info on the labor board, which i got an answer i had not expected, but good to know.

so, in conclusion if someone with a backbone (me or her boyfriend) calls the owner to adress this, it might be resolved. if not, she will loge a complaint with the labor board that they are employing people under the table, then not paying them. she learned an important lesson, that she should remember... (drunk people rarely remember anything properly)

Just butt out.

Just so you're aware, it is illegal for a bartender to drink on the job in some states. So you could earn the bar owner a minor slap on the wrist (if that - all he has to do is tell the board that he's withholding her pay until she signs the w9 which she was supposed to do at the end of the shift but she was too drunk) and land your sister in jail.

 

[mistoffolees]

Ahh, that is all compleately irrelivant. she was a misclassified employee, she was drinking, but it is illegal to withold wages to pay a debt to the company.

But they can legally deduct the cost of the drinks she was drinking - and the cost of the free drinks she apparently gave out.

 

[justalayman]

But they can legally deduct the cost of the drinks she was drinking - and the cost of the free drinks she apparently gave out.

I believe there is a problem with that statement unless there was an agreement in place.




what I found incredible was:

(from BP)

She didnt take a vehicle, because she was going to be drinking.

she had no money going in

It is stupid to tend bar (as in; you are on the job, as in; working) and drink for a variety of reasons. Then, to plan on drinking and not bringing money with you to pay is just ridiculous.

I have a funny suspicion your sister isn't being honest with you.

 

[Banned_Princess]

well, as the story progressed throughout the day

1. the bar owner was giving her the drinks. all of them, teaching her to pour them then telling her to drink them. (illegal in ny)

2. the bartender (owner) placed her on the bar to dance.(also illegal in NY)

3. the other bartender is claiming she pocked some cash. put 0.00 in the register then put the money in her pocket.

4. she was innoyed that they were claiming that she was stealing, so she stormed out. hence the walking home.

They are going to check the tapes, see if she stole the money. if so, they will report it, if not they will appolojise. they want her to confess before the tapes come out. i have advised her that is a bad idea.

she only has the 12 .00 she went there with, so she is sure she stole no money.

So yes, this morning I got an edited version of events, and now I think it is more clear, since i spoke to her bf who is friends with the owner, and he is pissed she is being accused of stealing and will be reviewing the tapes with the owner.

so sorry i started the thread not knowing the whole truth.

The owner was there the whole time, and therefore consenting to the behavior. and the tapes will also show the owner watching her pour, then drink the drinks.

 

[Banned_Princess]

Just butt out.

Just so you're aware, it is illegal for a bartender to drink on the job in some states. So you could earn the bar owner a minor slap on the wrist (if that - all he has to do is tell the board that he's withholding her pay until she signs the w9 which she was supposed to do at the end of the shift but she was too drunk) and land your sister in jail.

It is only illegal to drink while behind the bar.

if she wants to drink while working, she has to step out in front of the bar. but thanks for your cheap 2 cents.

 

[justalayman]

4. she was innoyed that they were claiming that she was stealing, so she stormed out. hence the walking home.

so, she left before being paid. They now have 7 days to pay her.

she only has the 12 .00 she went there with,

previously you said she had no money when going in.

she had no money going in

if she wants to drink while working,

IMO, she is dumb if she drinks while she is working, regardless of where she is standing. Booze causes too many changes in the drinker to be drinking at work.

I suspect, as this progresses, there will be a considerable change in the "facts" you are told. Sounds like you should just set this one out for the most part. Bail out of jail if needed but other than that, stay away.

 

[MedusasRevenge]

So what makes you think you've got the true story now? Your sister doesn't seem to be very well acquainted with the concept of truth; was she lying originally, is she lying now, was she lying both times? Or at the very least, spinning the story to her best advantage? You yourself pointed out that drunk people don't always remember accurately.

Whichever side of the bar she was on, she was still on duty. And DID she complete the W-9?

 

[Banned_Princess]

so, she left before being paid. They now have 7 days to pay her.

they said they will pay her on the spot when the tape clears her.

previously you said she had no money when going in.

it is obvious i had not all the facts, or even the actual problem. obviously she was playing to my mothers feelings. and when we were alone, she told me the real deal. which i believe by verifying the problem with the boyfriend who is friends with, and lives with the owner of the bar. -insider information-

IMO, she is dumb if she drinks while she is working, regardless of where she is standing. Booze causes too many changes in the drinker to be drinking at work.

I have no idea what IMO is, but I agree drinking is stupid, at all times, especially at work.

I suspect, as this progresses, there will be a considerable change in the "facts" you are told. Sounds like you should just set this one out for the most part. Bail out of jail if needed but other than that, stay away.

Yea, i'm done with it until the tapes show she pocketed money. I pretty much got it from there this is the kind of law I know about. they will let her know in the next 2 hours.

So what makes you think you've got the true story now? Your sister doesn't seem to be very well acquainted with the concept of truth; was she lying originally, is she lying now, was she lying both times? Or at the very least, spinning the story to her best advantage? You yourself pointed out that drunk people don't always remember accurately.

Whichever side of the bar she was on, she was still on duty. And DID she complete the W-9?

how about you just not post on my thread. I am not even vaguely interested in your oppinion.

 

[justalayman]

IMO= in my opinion. Sorry about the text speak. It's not my norm.

 

[MedusasRevenge]

I frankly don't care if you're interested in my opinion or not. You're the one who put this out on a public forum - it's too late now to pick and choose who gets to respond.

 

[Banned_Princess]

For the record, I cannot find anything in NY law that says a bartender cannot drink in front of or behind the bar. apparently that is totally o.k.

http://public.leginfo.state.ny.us/L...BROWSER=EXPLORER+&TOKEN=28344324+&TARGET=VIEW

its against the specific law to mess with migets but nothing about the bartenders drinking on the job.

also nothing about dancing on bars.

 

[justalayman]

well, you are the one that said both were illegal or was that sis speaking?

 

[Banned_Princess]

well, you are the one that said both were illegal or was that sis speaking?

ha ha my sister knows nothing, i would never listen to her... i knew it was ok to drink while tending bars, thats why it has always been fine to buy the bartender a drink and why my brother even does it. I was just told by my BF that they just cannot be behind the bar, i thought it was on good authority. i should know better then to listen to drunks.

the dancing on the bar i thought was farly new, due to the injuries associated with drunk people dancing on a bar. sounded completely reasonable to me. maybe thats just what one barkeep told one drunk person one time to get him off the bar... lol.

 

[cbg]

Whether it is "okay" to drink while bartending is a moot point. It is NOT okay, under any definition, to drink to the point of intoxication while working.

I am astounded that you are unable to see the difference here.

 

[CourtClerk]

Here's what I was talking about....

They are going to check the tapes, see if she stole the money. if so, they will report it, if not they will appolojise. they want her to confess before the tapes come out. i have advised her that is a bad idea.