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Idk human trafficking I guess (self.legaladvice)

MichaelBluthANiceKid が 投稿

I live in TN

I work for an Asian fusion restaurant that has been "grandfathered in", meaning their health practices don't even closely resemble legal but they've been around long enough to continually get an A grade. I know because I work there. We don't even closely follow health practices. Aside from that servers get the usual 10% of tips taken for taxes another 7% that gets redefined every time I ask. Originally it was for the chef's salary until we told them that was illegal at which point they said the owner "just said it was for the chef's" but it was for dropped dishes, mistakes, and credit card swipes, which would be more, so we should thank our owner. I was also told as a cashier that our tips went to the chef's but was recently told we could keep them now. We are given in-house checks that I can't even cash at Kroger and we don't claim tips (a red flag) and we are not in control of our cash or credit card tips. Our dishwashers make less than $3 and our chefs make salary, none of them are legal, and all of them live in a giant house that the owner pays rent for. This same owner was once called out publicly in the local newspaper for supporting human trafficking and after being investigated was audited and had to pay his employees money but got away with the trafficking by literally deporting all his workers, to no legal backlash. I work for him but am about to move and have always obviously thought he was garbage. His workers are often sexually inappropriate, ones tried to molest a former coworker, and I've been touched and commented on in different languages that I happen to understand often. I hate many of them but love a lot of them and know he would not hesitate to throw them under the bus. I also know that to some degree this is the best option. What would you do? Is this the best it gets?

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[–]Paulhaus 84 ポイント85 ポイント  (12子コメント)

Just FYI, there's no such thing as being "grandfathered" into health code. Add whatever dept. handles health inspections to your call sheet.

[–]Dash_O_Cunt 34 ポイント35 ポイント  (3子コメント)

He probably pays them off

[–]Paulhaus 6 ポイント7 ポイント  (0子コメント)

Sounds like it. And I guess with everything else a failed inspection is the least of his worries. I was thinking maybe it would put the dirty inspector in a tricky position but I guess the place failing now doesn't necessarily show that it should have failed then. Bastards.

[–]MichaelBluthANiceKid[S] 4 ポイント5 ポイント  (0子コメント)

Most likely. We all kind of vaguely make the money symbol when we say it but tbh his family has had nail salons and other restaurants (we just got a new one; the cashier is the owner for tax purposes like what? She was hired this year but apparently her parents own a buffet with him also? Idk) and he didn't get arrested the last time so now it almost is like there is more going on unless he's paying a sum of money I clearly am incapable of even imagining

[–]deeyenda 2 ポイント3 ポイント  (0子コメント)

Ben Franklin is the grandfather.

[–]MichaelBluthANiceKid[S] 7 ポイント8 ポイント  (7子コメント)

But why would I call them if they're clearly involved? There's a list of people on this call sheet that had to be willfully ignorant in the first place

[–]Paulhaus 15 ポイント16 ポイント  (5子コメント)

Well, my hope is that even in TN there's someone in the health dept. who isn't a go along to get along good old boy. I may be a hopeless optimist.

(Edit: are there any violations you know of that you could show would clearly have been ongoing at the time of the last inspection you know about? That could be useful information)

[–]MichaelBluthANiceKid[S] 7 ポイント8 ポイント  (4子コメント)

Yeah uh literally the rice cookers have never been washed to anyone's knowledge going back 5 years and that would be evident upon first glance. Is that good enough? Same for any grease stains period

[–]Paulhaus 2 ポイント3 ポイント  (3子コメント)

That's bad, obviously, but you can't really prove that it hasn't all happened since the last inspection. Anyone who's been in the industry for long enough could walk in and "know" it but that's not really air tight proof. It is fucking disgusting and it's amazing the rice cookers especially haven't made a bunch of people sick but that's a whole other thing.

I was thinking more like lack of hand sinks, open flames not under a ventilation hood, insufficient refrigeration space (note that whole raw vegetables usually don't have to be refrigerated but cooked or chopped veg do). One of the more common violations that would have been obvious and ongoing is an improper vegetable/food prep sink installation. They're required to have back flow prevention, which is usually an air gap in the plumbing.

(Ed.: And yeah, this is probably a fool's errand since even if you can show the previous inspector was negligent you can't force anyone to do anything about it. It might get at least a few of the violations fixed for a week or two though.)

[–]MichaelBluthANiceKid[S] 2 ポイント3 ポイント  (2子コメント)

Nah. None of that. I mean. If a health inspector came in right now who wasn't corrupt I could show him 18 things but nothing you could prove was old, I guess, no.

[–]Paulhaus 8 ポイント9 ポイント  (1子コメント)

Yeah... a life lesson for anyone who works in restaurants. Take a good look at their kitchen before accepting a job with them. If they've got a problem with that, move on.

[–]mrchaotica 10 ポイント11 ポイント  (0子コメント)

Don't call the "usual" health inspector, call the main office of the restaurant inspections department itself (which I think is (615)741-7206, found on this page). When you call, specifically tell them that you are not only filing a complaint of health code violations of the restaurant in question, but are also alleging that the inspector(s) assigned to it are taking bribes to ignore the problems.

If that still doesn't work, call and ask to speak directly to the commissioner or contact your state representative.

[–]theletterqwertyQuality Contributor 30 ポイント31 ポイント  (17子コメント)

The best thing you can do is report him to the INS and your state's labour board, again and again, until they get the message.

Human trafficking is bad juju and I'll eat a picture of my hat if all these poor people are serving is food.

[–]MichaelBluthANiceKid[S] 5 ポイント6 ポイント  (16子コメント)

  1. That's my actual question is once I do that, what happens for the illegal immigrants that have now worked for him for a home and a salary that got their children over here? Like will they get deported? I really am very close with a lot of them. We have meals together and karaoke parties. I would be devastated to find that I rocked the boat thinking I would help but mostly ruined their hard work. Like. Is it better to be an exploited illegal immigrant than to be deported, essentially, is what I'm asking. I think he's guilty of more than trafficking but I can't put my finger on what I think he is guilty of.

[–]theletterqwertyQuality Contributor 15 ポイント16 ポイント  (6子コメント)

Is it better to be an exploited illegal immigrant than to be deported, essentially, is what I'm asking.

/r/philosophy is that way :)

What I know about snakeheads tells me that the conduits that bring underpaid sushi cutters and lo mein fryers into North America are the same ones that bring unwilling prostitutes and slaves. The line between "exploited immigrant" and "slave" isn't one I'm qualified to even lift the pen I'd need to draw it.

That's my actual question is once I do that, what happens for the illegal immigrants that have now worked for him for a home and a salary that got their children over here? Like will they get deported?

We can't know.

There is a federal law that protects victims of human trafficking, but there are still criteria under which such a person might be deported and who knows how that might be interpreted under today's political climate. If they were trafficked to the US, deportation is certainly possible. If they came here voluntarily, then yeah their safest bet could well be to leave the country and try to re-enter legally. Immigration law was hard enough before the middle of last January or so, what these people need is a clever immigration lawyer and time.

[–]MichaelBluthANiceKid[S] 3 ポイント4 ポイント  (5子コメント)

If they need a clever lawyer and time it sounds like they need me to not intervene basically.

About the prostitutes thing, I know nothing but what I see. I know they're into high stakes gambling, enough to have bought cars for some of the employees and enough to have been banned from all the neighboring states but Louisiana. I always thought that was a little weird but that's pretty much it.

[–]theletterqwertyQuality Contributor 7 ポイント8 ポイント  (3子コメント)

I know they're into high stakes gambling

Wanna bet it's money laundering?

If you're cool with the kind of criminality that makes a lot of business like this one work, and as a side effect it means a few people have a less-uncomfortable life and some anchor babies down the road, that's your ethical row to hoe. I won't roleplay as your conscience and if someone else says they have that right you should probably tell them to mind their business.

Legally speaking, if you wanted to report it there'd be no shortage of interested parties.

[–]MichaelBluthANiceKid[S] 1 ポイント2 ポイント  (2子コメント)

Money laundering meaning what? I mean really they're supposedly banned from a lot of casinos

[–]theletterqwertyQuality Contributor 3 ポイント4 ポイント  (1子コメント)

Meaning the money they've come into as a result of their participation in organized crime (say, from running a tax-avoiding restaurant or funneling the wages of their "employees" or cash transfers from the mainland) are taken to the casino, wagered in games of chance, and whatever chips they leave with become clean money that can then be accounted for without looking like it was obtained by crime.

It's a fairly common way to launder money because it works and it's hard to detect.

[–]acox1701 2 ポイント3 ポイント  (0子コメント)

If they need a clever lawyer and time it sounds like they need me to not intervene basically.

They aren't going to get any closer to having a clever lawyer then they are now.

[–]sabian92 21 ポイント22 ポイント  (0子コメント)

Police, Immigration (Not sure what they're called, but in the UK they're called the UK Border Force) and your state's department of labour to file a wage claim.

The less you do the more he thinks he can get away with it.

[–]engineered_academic 6 ポイント7 ポイント  (18子コメント)

If you are interested in being out of a job, you can report him to ICE. Lately they love big high profile immigration actions. They are much harsher on immigration violations than they have been in the past.

[–]MichaelBluthANiceKid[S] 1 ポイント2 ポイント  (17子コメント)

I am moving so this will no longer be relevant. Will I be out of a restaurant job period? They are a kind of community and I know many of them hire illegal immigrants. I have never cared in the past because to my knowledge they had always made minimum wage and didn't live in a giant house the owner fucking owned??

[–]engineered_academic 2 ポイント3 ポイント  (16子コメント)

Its fairly common where I live. My wife is Chinese and talks with/worked at (legally) many restaurants in the area. They were all connected by an illegal employment scheme where the workers were essentially indentured servants that had to "pay back" their trip costs and work crazy amounts of hours.

[–]MichaelBluthANiceKid[S] 1 ポイント2 ポイント  (15子コメント)

Right exactly that's the thing. I know several of the children of the workers who seem well adjusted but also seem to somehow know nothing of it. I don't know if they're good actors or what because their parents are clearly indentured servants who to my knowledge have had maybe 5 shifts off in the two years I've worked. So it is illegal though. It's a ring. It's not normal in any form.

[–]engineered_academic 4 ポイント5 ポイント  (14子コメント)

Knowing from a Chinese perspective they are actually living the life. Their kids get to participate in one of the greatest education enviornments in the world, for free essentially. The air is clean and the government is not that corrupt. Every dollar they make here is worth 7 back home. And dirt fucking poor in America is middle income in many parts of China. In the US you can never starve to death and there are a ton of resources for poor families that in China would live a life of squalor and destitution. I have seen people in my wife's village steal dogs because they have no money to eat. These people get 3 hots and a cot with a possibility that their kids will grow up and llive a good life that will allow them to retire at like 45-50 and live off their kid. That is why they can suffer through what Americans would consider "hellish" conditions.

[–]MichaelBluthANiceKid[S] 0 ポイント1 ポイント  (13子コメント)

No money to eat? Damn

I'm jk this is what i pretty much assumed. I just wanted it confirmed. I'm just gonna delete this

[–]LocationBotTremendous! 9 ポイント10 ポイント  (4子コメント)

Has your cat ever brought its prey to your door? Cats do that because they regard their owners as their "kittens." The cats are teaching their "kittens" how to hunt by bringing them food. Most people aren't too delighted when a pet brings in their kill. Instead of punishing your cat, praise it for its efforts, accept the prey, and then secretly throw it away.

[–]engineered_academic 4 ポイント5 ポイント  (3子コメント)

what the hell locationbot....

[–]CrispyBenFranklin 1 ポイント2 ポイント  (0子コメント)

LocationBot's fascination with cats makes me so happy! There's always that moment before I see it's LocationBot, though, when I am just reading the comment and waiting for it to become relevant.

[–]theletterqwertyQuality Contributor 1 ポイント2 ポイント  (1子コメント)

Well it is a thread about stereotypes and slave-run Chinese restaurants...

[–]engineered_academic 1 ポイント2 ポイント  (0子コメント)

that's cold.... Funnily enough my wife says there is a kind of north/south thing where northern Chinese will make fun of Southern Chinese for eating cats/dogs.

[–]engineered_academic -1 ポイント0 ポイント  (7子コメント)

It's the face of Trump's illegal-immigration problem. Hardworking people who suffer in hellish conditions because they have no other choice. How do you deal with that?

[–]MichaelBluthANiceKid[S] 0 ポイント1 ポイント  (6子コメント)

Me personally?

[–]engineered_academic 3 ポイント4 ポイント  (5子コメント)

Well "you" as in the rhetorical you. legal immigration seems simple on the surface- they are illegal, kick em out. But when you are faced with situations like this, hardworking people being abused by someone for their own capital gains, I think we shouldnt punish the illegal immigrant, we should punish those who exploit them. But then we would have literally 0 chinese food. Sooooo....

[–]MichaelBluthANiceKid[S] 0 ポイント1 ポイント  (4子コメント)

Yeah. Literally though. That's really fucked up but it would be great right if they could just...stay? Like we all admit we like Asian food and we like knowing Asian people so...

[–]LocationBotTremendous! 0 ポイント1 ポイント  (0子コメント)

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Original Post:

Author: /u/MichaelBluthANiceKid

Idk human trafficking I guess

I work for an Asian fusion restaurant that has been "grandfathered in", meaning their health practices don't even closely resemble legal but they've been around long enough to continually get an A grade. I know because I work there. We don't even closely follow health practices. Aside from that servers get the usual 10% of tips taken for takes and another 7% that gets redefined every time I ask. Originally it was for the chef's salary until we told them that was illegal at which point they said the owner "just said it was for the chef's" but it was for dropped dishes, mistakes, and credit card swipes, which would be more, so we should thank our owner. I was also told as a cashier that our tips went to the chef's but was recently told we could keep them now. We are given in-house checks that I can't even cash at Kroger and we don't claim tips (a red flag) and we are not in control of our cash or credit card tips. Our dishwashers make less than $3 and our chefs make salary, none of them are legal, and all of them live in a giant house that the owner pays rent for. This same owner was once called out publicly in the local newspaper for supporting human trafficking and after being investigated was audited and had to pay his employees money but got away with the trafficking by literally deporting all his workers, to no legal backlash. I work for him but am about to move and have always obviously thought he was garbage. His workers are often sexually inappropriate, ones tried to molest a former coworker, and I've been touched and commented on in different languages that I happen to understand often. I hate many of them but love a lot of them and know he would not hesitate to throw them under the bus. I also know that to some degree this is the best option. What would you do? Is this the best it gets?

[–]SanjiHimura 0 ポイント1 ポイント  (0子コメント)

IANAL, but if you are getting no where with the local food inspectors, go over their heads and contact state. Here's the first stop in contacting the people responsible

[–]auriem 0 ポイント1 ポイント  (0子コメント)

None of that is remotely legal.

[–]run_alice_run 0 ポイント1 ポイント  (0子コメント)

Contact the Department of Labor Wage and Hour Division to report the wage issues: https://www.dol.gov/whd/america2.htm#Tennessee

You can also call the National Human Trafficking Hotline: 1 (888) 373-7888. Polaris will document your report and get that info to authorities in your area. Thanks for reporting!

[–]fooliam 0 ポイント1 ポイント  (0子コメント)

If you legitimately suspect human trafficking, call ICE.

[–]c_c_c__combobreaker 0 ポイント1 ポイント  (0子コメント)

You can call these agencies regarding your complaints. Human trafficking hotline, INS (Immigration), labor board (for unpaid wage/tips). An attorney can also help you with your unpaid wages/tips.

As for the sexual harassment claim, you can seek an attorney for help if it's on-going Issue and it's being ignored by the owner. You can file a civil suit depending on your damages. You can also report the harasser to local law enforcement. The cops may not do anything but you can lodge a complaint if you want.

[–]Ariel_Etaime 0 ポイント1 ポイント  (0子コメント)

This appears to be human trafficking and exploitation at the least. Who knows what else is going on here (tax evasion, money laundering, identity fraud, all sorts of corruption). While it may be true that your "friends" have jumped thru hoops and "willingly" suffered these consequences to give their children better opportunities than they can have back home, it's important to note that they are being taken advantage of. They are being held hostage by the traffickers despite being given a chance of a new life with a place to live and a job to work. Do you know what payment your friends may have to provide in order to be "free"? Maybe it's their first born son... or daughter!

That last line is meant to be dramatic but I'm hoping it's not the case! From what you said it seems to be a life of indentured servitude. Is that fair?