AS TEMPERATURES dropped below freezing on the afternoon of Saturday, December 12, one group of Portlanders remained obstinately outdoors: a dozen protestors outside recently opened Vietnamese/American restaurant Toast & Pho.
Former Toast & Pho employee Teresa Nguyen handed out flyers to passersby reading, “Shame on Toast & Pho!” Nguyen is the third of four former Toast & Pho employees to file an unpaid wage claim with the Bureau of Labor and Industries (BOLI)—quite the track record for a restaurant that opened its doors on November 1.
Nguyen was among four workers fired on opening day, which she describes as “total chaos.” All those filing claims say the restaurant’s owners did not keep track of hours or tips.
After the disastrous day, Nguyen and coworker David Sokolowski were placed indefinitely “on call.” By Sokolowski’s calculations, he was still owed $306 in tips and wages. Nguyen says she was shorted about $100.
Sokolowski contacted the Portland Restaurant Workers Association (PRWA), a loose service-workers advocacy group that distributes a handbook called, “Know Your Rights!: A Restaurant Worker’s Survival Guide.”
The PRWA walked Sokolowski through how to file a wage claim with BOLI and when the ex-waiter returned to Toast & Pho on November 8, demanding his final paycheck and showing the owners the legal paperwork, the café cut him a check on the spot.
Things did not go so smoothly for the second round of complaints. Along with Nguyen, former dishwasher Pedro Rendon filed an unpaid wage claim over the weekend for roughly $1,000 and former General Manager Frank Clow says he is owed $7,007 for the month he spent helping set up and launch the restaurant.
On Friday, December 11, Nguyen and Clow marched into Toast & Pho, formally demanding their wages as required by BOLI.
“They started saying that they’d paid me too much and should ask for some of the money back,” says Nguyen, of owners Tan Vo and Titi Nguyen. Saturday morning, the PRWA hit NW 21st outside Toast & Pho with protest signs and flyers.
Clow, 66, says it was the first protest of his life. He came out of retirement to help start up Toast & Pho after meeting the owners at a restaurant equipment auction.
Toast & Pho Manager Vo says his business broke no laws and that all workers have been fully paid. “If someone owes you money, you will hire a lawyer to get the money back, not stand in the cold for two hours protesting,” says Vo. “This is a dirty game from someone who wants to shut us down.”
Clow, Teresa Nguyen, and the PRWA are not sure whether the street protests will continue. Nguyen is interviewing for another restaurant job and as for Clow, he says, “I intend to stay retired this time.”
Just askin:
What are the chances that a 66-year old who “came out of retirement” and met them at a store, was promised SEVEN THOUSAND dollars for a month’s work? Something is not adding up here. Assuming that the restaurant owners have been advised not to comment by their lawyer, we have a pretty one-sided article here.
I drink your Pho by unpaid workers. I drink it up!
I ate it once when they first opened. I asked the owner if the vegetarian pho is vegetarian… as in the broth not made with beef broth. He said yes. I found out later from one of the ex-waiter that he lied. Everyone, avoid this place.
Thats an average fee for someone to be paid in starting up a restaurant. Alot of times people will be paid high fees for the first month because they are working ten too sixteen hours a day for thirty days. And its not one sided the owner commented and workers have protested. And I am sorry spartacus that your such a fool as too see that if FOUR employees are filing within a month and a half, it says that hes not getting away with the family wage system that he is use tio and this is a reality shakeup for him and probably you since I am guessing you havent dealt with labor action.
Sunkhop: I think you meant to use “to” in place of “too” in both instances where the word “too” appears. I realize you may be from Oregon, but COME ON!!!
I was delighted place opened up. Finally, a Vietnamese restaurant in my neighborhood! Then I went there and the pho was mediocre at best. Now I find out they treat their employees badly. Shit. Hey, anyone feel like opening a good Vietnamese restaurant in NW? Maybe the people who used to run the great Vietnamese place in the Fubonn mall?
Oh, and to dazednconfusedinOR: Condescension is a funny thing. It may make you feel superior but it makes you look like an asshole.
I like their Pho, and I like their Japanese dishes as well. These are kind and hard working people. I think Mr. Retirement smelled an opportunity and tried to rake these poor folks over the coals. Like the first commenter said, $7,000 for consulting fees in a month’s time for a startup?? Was there a contract signed stating these insane fees? I’ve heard the owners side of this and I think they are being victimized.
I’ll continue to eat here, thanks.