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O'Charley ripoff Made racist comments about black guest, harassed me for reporting management, terminated me wrongfully Charlotte Tennessee South Carolina, North Carolina, Georgia
On Friday October 1 2004 at approximately 9:15pm, I was in the bar area of O'Charley's when two of our guest (Kenya R. Williams and Stephen Osborne) asked me what was the name of the manager who had just left the bar area. I replied that my manager on duty was Joe Sebert. Miss. Williams then asked me for the number to O'Charley's corporate office. I supplied the guest with the number and asked if something was wrong. Kenya then stated that she had overheard Joe tell the bartender Rachel to save a drink that had been returned to the bar, after it had been in the possession of a guest seated in the dining area. The guest had tasted the drink and didn't like it. She stated that she saw Rachel physically place the drink in the cooler. I stated that this was not O'Charley's policy and that I would check into it. I proceeded to check on my guest that was seated in the glass house section of the building.
As I was returning to the kitchen, Joe Sebert approached me and said that he needed to speak with me and to stay in the back of the restaurant. I took the dishes that were in my hand and put them in the dish pit. As I was washing my hands Joe came around the corner and started to berate me. He said quote: The next time a guest wants to know my name and how to get in touch with corporate you come get me! If they need to know sh** like that I am the one they need to deal with! I know that she is your friend! As much as I cover your a** I don't believe you would sell me out like that! You stay away from the bar and if that bit** needs anything else she'll get it from me! End quote.
I told Joe that if he needed to speak to me that we could take it to the office but that he WAS NOT going to disrespect me in front of guest and coworkers like he was doing. Joe then yelled: I am the manager and I will do what the fu** I want. He did this standing by the salad cooler and in front of a guest at the to go stand and everyone on the cook line. The server assistant Kenny, was standing there taking all of this in.
I walked back to the bar area and asked the bartender what the problem was because she obviously was the one who relayed my conversation with Miss Williams and Mr. Osborne to Joe Sebert. She stated all she did was told Joe that there was a problem and that she DID NOT tell Joe that I prodded the guest to call corporate on him. I went and checked on my tables and was entering the kitchen again when Joe ran up behind me and started yelling about me going to the bar. I continued to walk to the back and Joe said to meet him in the office.
Josh accompanied Joe and I into the office and observed Joe berate me once again about all that he had done for me and bringing up things that were totally irrelevant to situation at hand. He continued to refer to Miss Williams as a b***h and that I was one for selling him out. At this point I was tired of the verbal assault. I opened the office door and slammed it as I proceeded to check on my table. As I was passing the full hands out rack, the dish guy and I were about to collide so I tried to avoid him. In doing so I hit the water spray, inadvertently knocking down 3-5 tips skillets.
Joe came running up behind me and yelled that if I had a problem with him then I could clock out and get the fu** out. I told Joe to fu** off. He then followed me on the server line continuing to state that I had sold him out. At this point I was at the end of my rope and I turned around and told him that if he had a problem that we could settle it right then and there. Joe crossed the server line and stepped to me and said, What are you going to do? At this point Darion stepped between Joe and I and I told Darion to move. Darion said please calm down. I then turned and left the kitchen area and cashed out one of my tables.
Apparently, Joe took this opportunity to call Barry and the police. When the police arrived, Joe stated that I had threatened him and refused to leave. I stated to the police that Joe had not told me to leave and that I had conveyed no threat to him. Though the officers were present, Joe continued to be belligerent towards me prompting one of the officers (Officer Dozier) to ask him to calm down. He continued to taunt me and state that I had sold him out.
At this point I told the officers what I needed to do to leave and they allowed me to cash out. As I was leaving the building, Chris Alves was about to enter the establishment. I made him aware of what had happened and he said that he would look into it. He also spoke with Miss Williams. I was told that I am banned from the property and asked not to return.
On my way home, I telephone Barry Fortner and let him know what had transpired. Barry assured me that he would investigate the situation. To date the company refuses to acknowledge any wrongdoing on Joe Sebert's part. They claim I was a disturbance because I demanded respect. I sent them the following letter:
December 4, 2004
OCharley's Corp.
Dear Sir or Madam:
This letter is to inform you of the injustices, unfairness and prejudice that are prevalent at your South Charlotte location (Store #320). As an employee of your company I was consistently exposed to racial prejudice, harassment, and unfairness by fellow employees and members of your management staff. It was during one of these instances that I was fired because I reacted to a negative situation in which a member of your management team was harassing me.
Attached you will find a statement of facts that will enlighten you on the events that led to my wrongful termination. I have spoken with Barry Fortner and he has informed me that based on his investigation of the matter, it was deemed that my termination stood. I fine this to be very peculiar because I have spoken with several members of the staff that were on duty that night. Some have gone as far as to give me written statements as to what they saw that night and they have said that Barry has NEVER approached them on this matter. This is the kind of inconsistencies that have plagued not only my tenure with your company, but many others as well.
I have spoken with several former employees that have been terminated or that have resigned from your company and some that are still on staff that have been verbally or physically abused by members of your management staff. There are also those that have been treated adversely due to their race. These actions are against the law and nothing has ever been done once these incidences have been reported. Management has also allowed employees to profile guest as they enter the restaurant to determine whether or not they are quote Ghetto end quote. Management has stood by while servers have refused to serve black guest. Black guest have been mistreated at the hands of not only servers, but management as well. THIS CANNOT BE TOLERATED ANY LONGER!
In talks with my attorney, I have been advised to contact you in a last ditch effort to allow you to voluntarily rectify the situation. Though I was and am doubtful, he assured me that based on the information that I have collected, part of which I am sharing with you now, you would seize the opportunity to right the wrongs that are before you.
If you prefer mediation, I am sure that will resolve the initial problem of my wrongful termination, but not the underlying one of blunt racism. Though the arbitration agreement that we are made to sign upon acceptance of employment binds me to mediation, it does not bind my freedom of speech. That being so I have taken the liberty of contacting my local NAACP representative and made him aware of these instances and my efforts to get O'Charley's to respond. I DO NOT intend to overlook this situation and to the fullest of my capabilities, I will see this thing through. I respectfully request that you respond to this posthaste.
Sincerely,
Carlos J W
O'Charley's choose to threaten me with legal action if I persisted. I chose to persist because people need to be held accountable for their actions.
Carlos
Fort Mill, South Carolina
U.S.A.
7 Updates & Rebuttals
Mitchell
Antioch,Tennessee,
U.S.A.
Carlos all i would say is that i'm sorry bud.
#8Consumer Suggestion
Sun, June 29, 2008
I too worked as a server in an at will employment state arkansas. There is lots of crap that goes on in the restaurant business. i was passed up twice for a head server job and my cook hours were cut for no reason other than my general manager could. I would never say that racism is right, but sometimes stereotypes are stereotypes because they are true. I waited on white, black, mexican, rich, poor, oil workers and they all have their stigmas. While it sucks to have that reputation lots of servers don't like serving black people because they don't tip. same with college kids. sometimes rich people don't and poor people do. Sometimes loyal customers would tip a female waitress who sucked more than me, just because she was a girl. I saw a customer reduce a tip from ten dollars to five because a kid didn't go to church. People are bad and good. I know it sucks but when people like us who aren't in charge have to either quit the job or just suck it up and deal with it. good luck with your new job.
Kara
Charleston,South Carolina,
U.S.A.
I know how you feel.
#8UPDATE EX-employee responds
Wed, March 02, 2005
Dear Carlos,
I am a former employee of O'Charley's (Columbia). I have dealt several times with Mr. Fortner. He is quite two-faced and will say whatever you want to hear to be placated without actually solving a situation.
This company has a standard practice of moving problem managers instead of firing them. You might be happy to hear that he has been demoted from regional manager to district manager. I know it probably doesn't completely satisfy you.
Prejudices are hard to deal with, but as long as we don't allow other's problems to corrupt us we're on top. The restaurant business seems to fall outside regular business rules. I'm glad you are not just accepting their cop-out. Keep us updated.
Kara
Aaron
Townsend,Tennessee,
U.S.A.
Joe Sebert obviously needs a good old fashoined a*s whippin'!
#8Consumer Suggestion
Fri, February 18, 2005
This joe guy sounds like a real piece of work but not unlike most un-educated food service managers. If he had called anybody, I mean any woman, especially one of my customers, a "b***h", then the good people eating in that resteraunt would have gotten to see him with my foot up his arse. I'm really surprised that no one else stood up and popped him one right in the pie-hole.
Joe's language was pathetic. He should at least have the common decency to understand that a filthy mouth like his is not acceptable. Workers shouldn't have to listen to his mouth and especially not customers.
O'Charley's sucks anyways. I swear I think the same food truck stops at O'Charley's, Bennigans, TGIFridays, etc. There food is just like evry other trendy over-priced place.......It sucks!
Alex
Atlanta,Georgia,
U.S.A.
Race should not be an issue
#8Consumer Suggestion
Sat, February 12, 2005
Carlos I waited tables for 9 years and saw alot of messed up stuff in that time. Your story does not seem at all far fetched to me. I have seen very similiar things transpire in the course of my career. I think you are very well spoken and you are just in your cause for redemption. However I must agree with the first rebuttal that according to what you wrote that this is not a race issue and shood not be made one but rather a issue of abusive management.
I do not agree that everyone is allowed a bad day and therefore has the right to berate a fellow employee that is below them in the food chain. That is simply unprofessional. Your former boss should not be in a position of authority and I support you 100 percent in getting them removed for what they made you endure.
Good luck, keep us posted!
Tim
Oklahoma City,Oklahoma,
U.S.A.
I understand what you go through Carlos.
#8Consumer Comment
Sun, December 19, 2004
I just wanted to say that Carlos has every right to feel the way he does. I am white, and most of my friends are not. I see what people have to endure constantly. It's very evident what disadvantages occur in 'Corporate America'. If he acts a certain way, or is "having an off day", he is chastized or over evaluated. IN NOT ALL, but most cases, if a white person is "having an off day", it's not perceived as severe or is more often overlooked.
I'm not trying to take sides or put anyone down. I just know what happens from my experiences. All my friends grew up in the same area, with most of the same grades and equally defined skills. A white person will, again, IN MOST CASES, have the edge.
Carlos, I hope you get all of what you deserve back. It'd be nice if everyone just kept it real for once instead of trying to deny that for once, they could actually be wrong.
Peace!
Carlos
Fort Mill,South Carolina,
U.S.A.
Let me give you more info
#8Author of original report
Mon, December 06, 2004
The manager was never reprimanded and I DID try and let him know what was going on. Per company policy, if a guest ask for the name of management or the corporate number, you give it to them. Let me give you some more background. This manager has a history of being very nasty toward some black employees. This particular store is in Charlotte. I reside in Fort Mill South Carolina. yes it is still a right to work state, however once an emplyer gives you a reason that is not consistant with the events surronding your termination, you have a right to sue. I don't want to sue o'Charley's for a bunch of money. I want them to acknowledge his wrong doing, fire him and give me my vacation pay that I earned, plus six months severance. That is only fair Robert. You say we all have our off days? Why is it that I as a Black man must always be held accountable for ALL my actions, but he "was having an off day'? O'Charley's in Charlotte NC "supposedly" fired a White kitchen manager for smoking weed. The company policy for this is automatic termination and rehire elgibility after 6 months, drug treatment and submission to random drug test. All they did was sit him down for 60 days then transfer him to the Monroe store for 5 months. He is now back in the Charlotte store. They did the same thing to a server who admittingly disrespected a Black customer. They let the rest of the staff think he was fired until someone went down and saw him working in the Monroe store a week after the incident. Kenny, a former kitchen manager, quit after being told he didn't fit the O'Charley's management profile. The white manager who hired me can tell you that I was ready to snap the neck of a black guest who disrespected her in front of me one night. Corporate has called me several times and said," We will seek legal action if you print your story" Why are they doing this Robert?
Robert
Hubert,North Carolina,
U.S.A.
I see the problem
#8Consumer Comment
Sat, December 04, 2004
Why do you find "racism" in everything that happens. You gave quite a report, and most, if not all, the words are spelled correctly and proper grammar usage. Interestingly enough though, in all of the quotes you give, not one mentions anyones RACE. That would be required for a RACIAL comment to be spoken. Were you disrespected? Probably. Did you give back as well as you got? Probably. Did you follow company policy and turn the matter over to your manager concerning the drink issue? Nope. Did this whole thing get blown out of proportion? Probably. Here's a thought Carlos. At your next job, try NOT thinking the world is out to get you. Try being upbeat and positive and NOT looking for RACISM where it doesn't exist. The manager was probably very unprofessional in his demeanor, but we all have our "off" days. I dogged out my Lead Tech the other day for stupid s**t that could have been taken care of better, and in front of a customer no less. He could have walked right then. But, he didn't and we let the issue drop. The issue at hand was over a scanner that went bad. At $2500-$8500 per unit, I tend to get pissed off when they go down. It wasn't his fault, but he got the bad end of the stick. That's how life works in the real world. I don't know who your attorney is, but SC is a "right to work" state and as such, you can be terminated for any reason. If you worked there long enough, you may be able to collect unemployment. You don't need an attorney for that. Good luck though on that lawsuit. It's the American Dream to sue someone and live happily ever after. The problem is, money won't make you happy. You and Aeropostale in Lousianna will still see everything with a racist slant, including any award a Judge or Jury gives you. Too many whites on it, "they are racist and won't give a black man a break". Too many blacks on the Jury and you'll be, "bunch of self hating Aunt Jemimas and Uncle Toms doing the work for THE MAN". It won't matter if they give you $1 or $1M. You'll still be looking for the problem instead of the answer. Good luck with that.