so i got fired today for no reason other than arguing respectfully my side on a subject. she had fired the new guy tat started yesterday for not being a good enough server, then told me i may have to be a busser again (making about 6-7 an hour less) because "i not fast enough today" while she herself was fucking up tables left and right taking maybe 4 out of 30-35 all day shift. i made over 130 in charge tips this morning and over 50 in cash tips but apparently making 20percent off each table isnt good enough. and out of that money ill probably see 60 of it (and her and i were the only ones serving [we had a total of 2 servers there; me, and my roommate])

i was neither loud nor demeaning while holding this conversation. after i showed her that i A. have never fucked up a table in all of working there, and that B. i make her more tips than anyone since working there (there is a high turnover rate, imagine that), she felt stupid because she didnt understand half of it (shes full blown chinese, thick accent, everything), she just said "i dont like backtalk, you fired" to which im taken aback because i was not back talking and before saying each of my statements i made it clear i wasnt trying to be rude or negative or anything.

so i said "wait, im fired? like i dont work for you anymore?!" and she comes back with "yes we no work together, now leave." i took off my apron and threw it on the ground then told her to fuck off and that id be getting police involved because of her stealing tips (more of a threat than anything.) then i grabbed my shit, and walked out. it was pretty shitty because when i walked out our sushi chef that i drink and blaze bowls with started tearing up and got all pissed off i was leaving. he even said himself this morning in his broken english, japanese accent, that our boss would be fired if she were just a manager. he also says constantly that shes a bitch and steals our tips.

this is bullshit totse and i need some unemployment cash. i worked there from 8/04/08 until this afternoon 9/25/08. also if it means anything she takes a big percentage of tips for herself every 4 hour shift, even though she doesnt serve 95 percent of the time. she also doesnt calculate in overtime. im looking to fuck this bitch over while getting cash in my pocket.

Um...I hate to say I told you so about that joint...

That being said, it's your word against hers, and it's a private establishment. You were working part time, and there's usually not much recourse for service employees. The types she hires, from the way you describe it, are the type that keep wages low for service workers (i.e., untrained, unskilled, and unreliable). Regardless of whether you raised your voice, this still can be construed as insubordination. Again, your word against hers...

You were fired, not laid off. You won't be getting unemployment compensation (which, in most instances, requires being full time and terminated through no fault of your own). You worked there a whole month and three weeks. To put it closer to Totse's vernacular, it sounds as though you're up Shit Creek without a paddle my friend.

If in you insist on pursuing this, despite demonstrable evidence that it'll waste your time, their time, and the officials' time...

Remember those links to the CO Department of Labor? Go dig them up (they can't be farther back than page 2 or 3) and give them a call if you're that concerned about it. But I'd put the farm on you getting a polite "Yeah, there's nothing we can do," from them.

Really...who the fuck thinks they get unemployment benefits from a part time job after they get canned when they worked there 7 weeks? There's so much wrong with that, I don't even know where to begin.

EDIT: According to the Colorado Department of Labor, you need to have worked for at least 18 months, among many other far more stringent qualifications. In other words, you're dicked. Again, I hate to say I told you so...

Really...who the fuck thinks they get unemployment benefits from a part time job after they get canned when they worked there 7 weeks? There's so much wrong with that, I don't even know where to begin.




For real.

If there's someone above her then talk to them.

If not, burn the place down.