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(Boston.com)   Bankrupt restaurant that cheated employees out of $425,000 has enough money to give executives a month's pay in advance before shutting down   (boston.com) divider line 49
    More: Obvious, executive directors, foreign worker, U.S. Department of Labor, Massachusetts Attorney General, south end, wellesley, restaurants, bankruptcy  
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4900 clicks; posted to Business » on 13 Nov 2012 at 9:42 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



49 Comments   (+0 »)
   
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2012-11-13 08:31:35 PM  
Dnrta - Applebee's is bankrupt?
 
2012-11-13 08:58:34 PM  
What else would one expect from a restaurant called "Upper Crust"?
 
2012-11-13 09:03:46 PM  
"Bake them in their own pizza ovens, starting at the top and working your way down till the executives surrender ALL of their assets or are deceased and the assets can be seized anyway. Use the the assets thus gained to pay off the workers, and sell the surviving executives into slave labor or gladitorial pits, grant all spouses and children divorces from the convicted and let all profits from the deed go to a fund to protect future workers from future slimy exectuives. " is what I would say if I were an iron fisted king in charge of fixing the economy into something sustainable.
 
2012-11-13 09:04:50 PM  
These people are job creators, they need that money so they can go create jobs again. The waitstaff would just waste it on food and rent.
 
ZAZ [TotalFark]
2012-11-13 09:08:51 PM  
We've met these guys before: 5500543, 5803323.
 
2012-11-13 09:19:15 PM  
I'll somehow find the time to go to yelp.com and write some pithy meta-fictional reviews of these Upper Crust places that I have never visited.
 
2012-11-13 09:21:37 PM  
Chain pizza in Bahstahn? What farkin idiot aahshole thought that was a good idea? I mean it's not Chicago, or even (for the sake of argument) New Yawk, but Bahstahn has plenty of indies who are perfectly capable of making a pizza.
 
2012-11-13 09:33:16 PM  

Sliding Carp: Chain pizza in Bahstahn? What farkin idiot aahshole thought that was a good idea? I mean it's not Chicago, or even (for the sake of argument) New Yawk, but Bahstahn has plenty of indies who are perfectly capable of making a pizza.


Chicago doesn't have pizza.
 
2012-11-13 10:01:36 PM  
The bankruptcy laws need to be changed to avoid this crap.

Aww, who am I kidding? The US would never do that...
 
2012-11-13 10:01:51 PM  
Job creators.
 
2012-11-13 10:04:05 PM  
The employees didn't create that.
 
2012-11-13 10:05:57 PM  
Yet another case in point for eliminating the corporate veil.
 
2012-11-13 10:08:40 PM  
Not saying anything concrete, but hypothetically if one or more of these stiffed workers goes violent against these ex-bosses, and hypothetically the trial gets transferred to Worcester and a certain somebody (unspecified) gets pulled for the jury, there'd be at least one vote to acquit.
 
2012-11-13 10:14:46 PM  
But the elite insiders all got bonus checks right? because hey - socialisms!
 
2012-11-13 10:16:00 PM  
The Brazilian employees claim they were underpaid for long work weeks and faced tough working conditions.

That's a lot of employees.

And the board/owners need to be shot in the face. Christ, what asshole scum. I expect the Republicans to run them for Congress in 2014.
 
2012-11-13 10:19:26 PM  

Satanic_Hamster: And the board/owners need to be shot in the face.


This. The ole' guillotine is starting to look too merciful.
 
ZAZ [TotalFark]
2012-11-13 10:25:43 PM  
inglixthemad

A few situations in employment and employment tax law impose personal liability on corporate managers. The one I can think of is failing to send payroll taxes to the IRS. That is the personal responsibility of the guy in charge. Example: http://www.forbes.com/sites/robertwood/2012/06/29/ceo-personally-liab l e-for-company-payroll-taxes/. These debts survive corporate bankruptcy.
 
2012-11-13 10:33:28 PM  
Hey, if they don't pay those bonuses to these executives how are they expected to keep talented people on board?
 
2012-11-13 10:36:08 PM  
it had just four days of supplies and only $14,000 in cash after company executives paid themselves a month's salary in advance.

These are the sorts of shenanigans that can be reversed in bankruptcy courts. Kinda like hiding assets.
 
2012-11-13 10:47:48 PM  

JasonOfOrillia: it had just four days of supplies and only $14,000 in cash after company executives paid themselves a month's salary in advance.

These are the sorts of shenanigans that can be reversed in bankruptcy courts. Kinda like hiding assets.


I know in personal BK cases if you pull crap like that the trustee will make you pay it right back into the trust, or he'll dump your case entirely and leave you to the credit wolves. Now, I assume in our system there's adequate protection for rich people to assrape their employees and creditors, but I haven't studied BK law so I'm not sure. Any law-talking Farkers inna house tonight?
 
2012-11-13 10:55:37 PM  

dahmers love zombie: JasonOfOrillia: it had just four days of supplies and only $14,000 in cash after company executives paid themselves a month's salary in advance.

These are the sorts of shenanigans that can be reversed in bankruptcy courts. Kinda like hiding assets.

I know in personal BK cases if you pull crap like that the trustee will make you pay it right back into the trust, or he'll dump your case entirely and leave you to the credit wolves. Now, I assume in our system there's adequate protection for rich people to assrape their employees and creditors, but I haven't studied BK law so I'm not sure. Any law-talking Farkers inna house tonight?


IANAL (I love that initialism) but judges really frown on that sort of thing.
 
2012-11-13 11:38:23 PM  
In before it goes back to red.
 
2012-11-13 11:43:47 PM  

doglover: Sliding Carp: Chain pizza in Bahstahn? What farkin idiot aahshole thought that was a good idea? I mean it's not Chicago, or even (for the sake of argument) New Yawk, but Bahstahn has plenty of indies who are perfectly capable of making a pizza.

Chicago doesn't have pizza.


Yes we do. We have Domino's, Little Caesar's, Pizza Hut, Pappa John's, Pappa Murphy's, and Sbarro.

/Aurelio's is good pizza
//I also like deep dish caserole
 
2012-11-14 12:24:12 AM  

dahmers love zombie: Any law-talking Farkers inna house tonight?


Asking CPA/CFO wife (and she's been through a company bankruptcy) that this gets reclaimed by the BK judges. Unless the company can prove that this was needed to keep the execs around. However that's not usually done before the bankruptcy.
 
2012-11-14 01:01:37 AM  

Sergeant Grumbles: Satanic_Hamster: And the board/owners need to be shot in the face.

This. The ole' guillotine is starting to look too merciful.


The guillotine option allows for their heads to be mounted on pikes in the town square. Kinda like how a farmer will hang a dead crow from a fence as a warning to the other crows.
 
2012-11-14 03:59:02 AM  
Out and out scum , i got no sympathy for the owners and id not be angry if one of the ex employees got violent with them. also how long before they try to blame it on obamacare?
 
2012-11-14 04:10:22 AM  
Of course!

In America, it's ok to steal from the middle class, steal from the poor, and steal from the taxpayers.

But if you steal from the rich, your ass is going down.
 
2012-11-14 04:37:27 AM  

Goodfella: Of course!

In America, it's ok to steal from the middle class, steal from the poor, and steal from the taxpayers.

But if you steal from the rich, your ass is going down.


As this past election has shown...
 
2012-11-14 04:46:20 AM  
They come from the Whitey Bulger school of management.

I would check for wall compartments.
 
2012-11-14 06:02:31 AM  

Sergeant Grumbles: Satanic_Hamster: And the board/owners need to be shot in the face.

This. The ole' guillotine is starting to look too merciful.


Fun fact: the guillotine was invented precisely to be merciful. It was meant to be the quick, clean alternative to hacking your head off with an axe, which often took a few swings
 
2012-11-14 07:09:47 AM  
Must be a Bain company.
 
2012-11-14 07:50:20 AM  
Back wages? From a farking restaurant? You're mental even if you stick around if your paycheck is short once and they don't fix it immediately. If a restaurant owes you money as an employee and you are not paid as agreed, quit and move on to the next restaurant. If you don't it's your farking fault what happens to you. Employee turnover at a restaurant is comparable to a revolving door.
 
2012-11-14 08:17:15 AM  

Bruce Campbell: Back wages? From a farking restaurant? You're mental even if you stick around if your paycheck is short once and they don't fix it immediately. If a restaurant owes you money as an employee and you are not paid as agreed, quit and move on to the next restaurant. If you don't it's your farking fault what happens to you. Employee turnover at a restaurant is comparable to a revolving door.


Unless of course you are from some small Brazilian village and are likely being threatened to continue to work or be deported because you lost your job (if they are in fact here legally in the first place).
 
2012-11-14 08:41:26 AM  
I think most here are forgetting and old parable: pay a man and he eats for a week, pay his boss 20x his salary and he might create a job.
 
2012-11-14 08:55:29 AM  
Glad I never gave these guys any business. Farkin' crooks.
 
2012-11-14 09:01:22 AM  

wingnut396: Unless of course you are from some small Brazilian village and are likely being threatened to continue to work or be deported because you lost your job (if they are in fact here legally in the first place).


Don't do that to in the first place(illegally). Again, turnover is ridiculous in restaurants. Move on down the line. Get a different job and then quit if work visa is the issue. The point is, if you're not paid as agreed, walk away.

I worked with a bus boy who fit that description, though Honduran, not Brazilian, here legally who had no problem calling out the manager when his tip share or recorded hours/pay weren't right, so where you're from is irrelevant.
 
2012-11-14 09:29:50 AM  

Bruce Campbell: wingnut396: Unless of course you are from some small Brazilian village and are likely being threatened to continue to work or be deported because you lost your job (if they are in fact here legally in the first place).

Don't do that to in the first place(illegally). Again, turnover is ridiculous in restaurants. Move on down the line. Get a different job and then quit if work visa is the issue. The point is, if you're not paid as agreed, walk away.

I worked with a bus boy who fit that description, though Honduran, not Brazilian, here legally who had no problem calling out the manager when his tip share or recorded hours/pay weren't right, so where you're from is irrelevant.



I believe wing-nut is referring to:

In short upper crust recruit very poor illegals and screwed them over as often as they could
 
2012-11-14 09:41:35 AM  
I ate there once.

Once. It's a small wonder they're closing. Their food is awful.
 
2012-11-14 09:46:51 AM  

Bruce Campbell: wingnut396: Unless of course you are from some small Brazilian village and are likely being threatened to continue to work or be deported because you lost your job (if they are in fact here legally in the first place).

Don't do that to in the first place(illegally). Again, turnover is ridiculous in restaurants. Move on down the line. Get a different job and then quit if work visa is the issue. The point is, if you're not paid as agreed, walk away.

I worked with a bus boy who fit that description, though Honduran, not Brazilian, here legally who had no problem calling out the manager when his tip share or recorded hours/pay weren't right, so where you're from is irrelevant.


If you are here legally and a pretty much any place misses paying you (or anyone really), get the fark out ASAP. I've seen this happen at a couple small computer shops with people that I knew. Once a business starts missing payroll you are screwed. Unless you have some special information, you will not see that money.

BUT...

If you have been recruited from a foreign company to come work here illegally, it is a bit harder to just quit and wander around to find a job. These people are usually dependent on the 'employers' not only for pay, but for housing and other support as well. Quitting does not simply mean losing your job, it often also means losing your housing, your contacts in a foreign land and often contact to your family back home. These guys that were running this pizza joint seem to be complete scum.

http://www.boston.com/business/articles/2010/12/05/harmony_gives_way_ t o_exploitation_charge_against_upper_crust/?page=full
 
2012-11-14 10:10:06 AM  
i406.photobucket.com

Only 140?
 
2012-11-14 10:11:21 AM  

KFBR392: In short upper crust recruit very poor illegals and screwed them over as often as they could


wingnut396: If you have been recruited from a foreign company to come work here illegally, it is a bit harder to just quit and wander around to find a job. These people are usually dependent on the 'employers' not only for pay, but for housing and other support as well. Quitting does not simply mean losing your job, it often also means losing your housing, your contacts in a foreign land and often contact to your family back home. These guys that were running this pizza joint seem to be complete scum.

http://www.boston.com/business/articles/2010/12/05/harmony_gives_way_ t o_exploitation_charge_against_upper_crust/?page=full


Having a tough time feeling sad for people getting farked over when they are also doing something illegal. That's like feeling bad for someone getting baking soda when they were buying coke.
 
2012-11-14 11:18:28 AM  
Hell if I worked there I would steal everything I could on my way out the door
 
2012-11-14 11:39:18 AM  

Sliding Carp: Chain pizza in Bahstahn? What farkin idiot aahshole thought that was a good idea? I mean it's not Chicago, or even (for the sake of argument) New Yawk, but Bahstahn has plenty of indies who are perfectly capable of making a pizza.


They're basically an indie - it's a local chain...or at this rate, was. And good riddance.

The founder is an arrogant asshole who got his start at another small local "chain"(three small locations) and took their recipe and business contacts to launch his now-crumbling Upper Crust empire. And that's not all: the slimeball paid off the other two owners to the tune of $250K to keep two of the locations and the franchising rights. I hope they all go down in flames. In short, f**k all three of them sideways with a pizza peel.

/Otto is way better.
//If you're in the Boston (or Portland, ME) area, look them up.
 
2012-11-14 12:26:11 PM  

doglover: "Bake them in their own pizza ovens, starting at the top and working your way down till the executives surrender ALL of their assets or are deceased and the assets can be seized anyway. Use the the assets thus gained to pay off the workers, and sell the surviving executives into slave labor or gladitorial pits, grant all spouses and children divorces from the convicted and let all profits from the deed go to a fund to protect future workers from future slimy exectuives. " is what I would say if I were an iron fisted king in charge of fixing the economy into something sustainable.


I'd vote for you for King, but you don't vote for kings.
 
2012-11-14 01:07:16 PM  

RogermcAllen: Yes we do. We have Domino's, Little Caesar's, Pizza Hut, Pappa John's, Pappa Murphy's, and Sbarro.


Those all suck. OK, Sbarro can be tolerable depending on location.

/Aurelio's is good pizza

Now you're talkin. Sarpino's for a chain is good too. Plus Rosati's, Jet's, and the many neighborhood single ones. Basically anything that comes by the slice is doing to be good and not pizza-quiche.

I think people come to visit Chicago, think they HAVE to try "Chicago style", get pointed to Uno's (created by a Texan) or Giordano's (created by Argentines in the 70s), and get served something they don't have the proper bacteria to digest, hence the hate.
 
2012-11-14 03:24:36 PM  
I never understood the pizza hate.

IMO eating pizza is like getting a hummer. Some are better than others, but it's almost always pretty damn good.
 
2012-11-14 05:06:08 PM  

ThatGuyFromTheInternet: Not saying anything concrete, but hypothetically if one or more of these stiffed workers goes violent against these ex-bosses, and hypothetically the trial gets transferred to Worcester and a certain somebody (unspecified) gets pulled for the jury, there'd be at least one vote to acquit.


I'm so sorry to hear you live in Woostah :-(
 
2012-11-14 06:16:49 PM  
Sadly, they will probably get away with it. The individuals are not the corporation, so they can't be sued. The only consolation is that when the corporate assets are liquidated, whatever is generated will probably be divided among the employees. They may get a few cents on the dollar.
 
2012-11-14 07:39:27 PM  
Put up a website with their names, addresses, and pictures.

You don't fark with the people who prepare your food.
 
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