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Do you think restaurants deserve to be sued when their employees do terrible things?

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Posted by on Oct. 30, 2013 at 8:32 AM
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Restaurant Dishes Out Shocking Bigotry to Delivery Man & Gets What They Deserve

by Adriana Velez 

delivery manI keep saying it -- racism is NOT delicious. And yet racism keeps happening in restaurants, spoiling our appetites and giving us sour stomach. This week Adam Wiercinski, a Jewish restaurant delivery man, won a $900,000 lawsuit against his employer, Mangia 57, for calling him a "dirty Jew." For real. In the middle of New York City, in the 21st century, people were calling a 50-year-old man that. Wait until you hear what else Mangia's supervisors did to this man. And to think I've actually eaten at this restaurant several times, too.

Wiercinski was called a pederast, had pennies thrown at him, and was regularly docked his tips. But it gets worse. Apparently one of Wiercinski's ex-supervisors would toot in front of him and then say it was Zyklon B -- the poison Nazis used in gas chambers to kill hundreds of thousands of Jews during the Holocaust. "See," he'd say, "this is your Zyklon B, you stupid Jew." Good grief, who does that?!? Passing gas at someone is gross enough, but to drag in one of the darkest, most shameful moments in the past century into it ... What the hell, who raised that guy?

It makes you wonder how the Mangia 57 supervisors treated the other restaurant staff. In New York City, as in the restaurant industry all over the country, the back-of-the-house staff is usually made up largely of immigrants. I'm sure whatever Wiercinski suffered, he wasn't the only employee subjected to disgusting racism.

And like many immigrants, Wiercinski didn't feel like he had the option to leave. A 50-year-old Ukrainian with no education? "He said, 'Who else is going to hire a 50-year-old deliveryman.' He was afraid," Wiercinski's lawyers says. I kind of also wonder if maybe there was something else going on with the delivery man to make him such a consistent target ... but we don't know.

For a family-owned restaurant, $900,000 is a lot of money. The jury only took four hours to reach their verdict, too. This lawsuit could very well sink Mangia 57 -- and if it doesn't, I imagine a couple more from other employees would do it. And maybe that's for the best in this case.

Do you think restaurants deserve to be sued when their employees do terrible things?

by on Oct. 30, 2013 at 8:32 AM
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Replies (1-10):
yourspecialkid
by Platinum Member on Oct. 30, 2013 at 8:42 AM
2 moms liked this

 A family owned business likely knows exactly what is going on it it.  Shame on them for allowing this to happen.  If they were clueless, I feel for them a little.  As a business owner though I know the buck ultimately stops with me.

 

lilangilyn
by on Oct. 30, 2013 at 9:36 AM
1 mom liked this

I found this on another site:

"Mangia presented five witnesses [several of whom are Jewish themselves and/or were employed by Mangia at the time], to refute the charges. Contemporaneous and current Mangia employee Robert Ranfranz testified under oath that Wiercinski had approached him and offered him monetary compensation to falsify his testimony. The $1.00 compensatory award reflects Wiercinski’s lack of credibility. The $900K punitive award for the ‘corroborating testimony’ of Wiercinski’s three witnesses is nominal and cannot be sustained under the Constitution.”

Here is the official court document for when the case was accepted for federal court after it was dismissed from both State and City courts, because Wiercinski withdrew his claims under penalty of PERJURY.

http://law.justia.com/cases/federal/district-courts/new-york/nyedce/1:2009cv04413/297082/91

codfish
by Bronze Member on Oct. 30, 2013 at 11:15 AM
A lot goes on on restaurants that would shock people. From management, other employees, and the customers. For whatever reason these employees are often verbally abused.
pamelax3
by Gold Member on Oct. 30, 2013 at 11:25 AM

Yes I think restaurants shoule be responsible for what their employees do while on the clock

snookyfritz
by Gold Member on Oct. 30, 2013 at 11:27 AM

Yes, you are responsible for what happens in your establishment

Mommabearbergh
by Gold Member on Oct. 30, 2013 at 11:28 AM
My time in food service in my younger yeArs made me always over tip and be nice because those people get treated pretty shitty.
shannonnigans
by Gold Member on Oct. 30, 2013 at 11:40 AM
1 mom liked this
Agree (it happens!)

Not only is it my responsibility to know what's going on in my business, it's just good business sense. An unpleasant work environment is bad for everyone.


Quoting yourspecialkid:

 A family owned business likely knows exactly what is going on it it.  Shame on them for allowing this to happen.  If they were clueless, I feel for them a little.  As a business owner though I know the buck ultimately stops with me.


 


Posted on CafeMom Mobile
Sparkles591
by on Oct. 30, 2013 at 1:57 PM

No.   You cannot always control the actions of employees.  And depending on the state, there can be a long process to even fire somebody without a certain amount of warnings and proof.  

Bonnie_
by Bronze Member on Oct. 30, 2013 at 2:59 PM

Yes.   The  poor guy... how  miserable  his  life  must have been.  I  hope  he can  find  some  peace now.

shannonnigans
by Gold Member on Oct. 30, 2013 at 3:15 PM
So, let's just follow up with that for a minute. Let's say you are my employee, and you complain to me that Joe over in receiving is making unwanted sexual advances to you constantly. I guess I can just say "hey listen, I can't always control the actions of employees." Don't bet on my business staying open very much longer.
Quoting Sparkles591:

No.   You cannot always control the actions of employees.  And depending on the state, there can be a long process to even fire somebody without a certain amount of warnings and proof.  


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