So here's a quick intro to my current situation. 3 years ago the bakery I work for ended up at a little cafe in town to do some packaging for a few months until our new packaging room was finished. After our new facility was completed we still had 9 months left on our lease and needed to come up with something for the cafe space. At that time the bakery owner was also looking for a new way to promote our business/ breads. I suggested that I leave my position as baker/ assistant manager to renovate the space and open a cafe/ bistro featuring our products alongside locally sourced produce. After 3 months of renovations I opened the restaurant. During the renovations we discussed ownership rights and myself eventually buying the business. Nothing was ever written down on contract however.
At this point I've continued to successfully run it, despite the bakery constantly changing their production schedule down to the current point where I only get fresh breads once a week. I work on a 40 hour salary and regularly clock 55-58 hours a week. In the last two years I've taken no more than 2 weeks away from work (not including the one day a week the shop is closed). I started to lose hope in ever buying the shop. I'm constantly told that the business doesn't make any money. I ask for a financial break-down, and what I recieve is a print out full of space gibberish that doesn't clearly show a profit or loss. My register sales say otherwise. Last year after all expenses were subtracted (rent, electric, gas, salaries, insurance, point of sale, food costs, phone/internet, water, sewer, trash, workers comp...) I was still ahead by about $16,000. I know it's not a huge profit, but for one person doing everything from opening to close, I'm proud I was able to do it all.
A few months back our area was hit with the biggest snow storm we've ever seen. We had 29 inches of snow fall in one day. I closed the shop for two days. Our town was in a state of emergency and half the roads (including the one my shop was on) were not even plowed for two days. The following week I was asked what my part time staff hours were, I sent them in to the owner. So you know, my help comes in for two to three hours a day during lunch to help with the influx of customers at that point. Otherwise it is just me to open, prep, clean, and close the restaurant. I wasn't prepared for the following question that asked what my hours were. At the time I guessed and said 39 hours, since I didn't tally my own considering I'm on salary. The owner was reluctant to pay me for 40 hours. He eventually paid me for 40, citing that my manager status required me to be paid for the full forty hours. Regardless of the extra 15-18 hours I have put in every damn week prior and since.
I'm frustrated. A customer approached me with an offer to supply food to his seasonal outdoor business. I started to consider it and then decided to follow up. At this point I've already started turning the gears to leave the shop and open my own food trolley. I've found a very competent replacement for myself at the shop and am currently willing to train him as well. The owner offered me a small severance pay and maintains that the recipes I created, are entirely his. Fine.
What can I do to help myself? What can I do to ensure my new hire doesn't get the shaft? Any thoughts or comments or legal advise would be appreciated. Thank you!
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