Feng Ya's Predicament (II): Accusations of Racial Discrimination
"Fortune-Filled Building" Chinese Restaurant in San Francisco Bay Area, San Mateo Bay Area.
The heavy fine was like a shackle, suffocating Feng Ya. After paying the huge fine, the restaurant's cash flow became extremely tight. But life had to go on, and the restaurant had to keep operating. Having lost her only helper in the kitchen, Feng Ya had no choice but to work even harder.
She goes out to buy groceries before dawn every day, then comes back to prepare ingredients and clean. During the lunch and evening rush hours, she cooks, serves, handles cashier duties, and cleans up all by herself, often working until late at night before dragging her leaden legs home. Her husband, Chen Hao, feels sorry for her and tries to leave work early to help, but his own job is also stressful, and he often works overtime, so he can only help so much.
Feng Ya gritted her teeth and persevered, having lost a lot of weight, and the dark circles under her eyes were so thick they wouldn't fade. She knew that hiring undocumented workers was too risky, and she wouldn't dare do it again. This time, she decided to recruit through legitimate channels.
She posted job advertisements at the restaurant entrance and also posted information on local classifieds websites. The requirements were simple: legal work status (work permit), hardworking, willing to learn, salary at the local minimum wage, paid in cash or by check, and able to file taxes.
Soon, people came to apply for the job.
They were two young Black men. One was named Deshawn, tall and thin, with thin dreadlocks, who swayed his shoulders when he spoke and had a somewhat unfocused gaze. The other was named Malik, muscular, bald, with tattoos on his neck, and seemed rather quiet. Both were in their early twenties, wearing oversized T-shirts and ripped jeans, and introduced themselves as students at a nearby community college looking for odd jobs in their spare time.
Feng Ya looked at the copies of their Social Security Numbers (SSNs) and driver's licenses they handed her, feeling a little apprehensive. The two young men's appearances were far from the "reliable and hardworking" kitchen helpers she had in mind. But then she thought, appearances can be deceiving; perhaps they were just dressed in a more fashionable way. Besides, they did have valid work permits, which was the most important thing. The restaurant desperately needed manpower; she couldn't manage alone.
After asking a few simple questions, the two answered fairly fluently, indicating they didn't mind the hard work in the kitchen and were willing to learn. Feng Ya hesitated for a long time, but finally nodded. She desperately needed manpower, and she also wanted to get rid of the psychological shadow of hiring illegal workers before and prove that she could operate legally and compliantly.
"The trial period is one week, and you'll be paid by the hour. Your main tasks are preparing ingredients, washing dishes, and cleaning. When it's busy, you may also need to help serve dishes. Smoking is not allowed in the kitchen, and you can't bring friends in. You must be on time for work. Can you do that?" Feng Ya explained the rules as seriously as possible.
"No problem, Boss!" Deshawn grinned, revealing his white teeth, and gave an OK sign. Malik nodded as well.
For the first few days, things went relatively smoothly. Although the two weren't particularly quick, they did what they were told and didn't make any major mistakes. Feng Ya breathed a slight sigh of relief, thinking that perhaps she had found the right people this time. She even started teaching them some simple cutting and preparation techniques.
However, this period of good fortune did not last long.
The problem first arose with "smoking." Smoking was explicitly prohibited in the kitchen, but Feng Ya repeatedly smelled thick smoke mixed with a sweet, chemical odor near the ventilation vents or the trash can by the back door—clearly not from ordinary cigarettes. When she questioned the two men, Deshawn always denied it with a grin, saying it was probably smoked by someone passing by. Malik remained silent.
Next came the "bringing friends in." Deshawn and Malik started bringing their friends to the restaurant frequently, sometimes during mealtimes, sometimes during afternoon breaks. The people who came were similarly dressed, in groups of three or five, talking and laughing loudly, occupying a table, ordering the cheapest fried rice or drinks, and sitting there for hours, seriously affecting other customers' dining experience. Feng Ya subtly reminded them, Deshawn always promised, "It won't happen next time," but he would do it again next time.
What Feng Ya found most intolerable was the "stealing" and "waste." She noticed that the drinks, potato chips, and even the cooked dishes in the kitchen often mysteriously disappeared. The trash cans were frequently filled with food that had barely been touched before being thrown away. She even caught Malik cutting a large piece of meat straight from a prepared steak and stuffing it into his mouth. When she asked him about it, he shrugged and said, "To check the seasoning."
Feng Ya, unable to bear it any longer, spoke to the two of them again, her tone much harsher.
"Deshawn, Malik, I hired you to work, not to throw parties! No smoking in the kitchen, no bringing in unauthorized people, and no stealing! These are basic rules! If you can't follow them, then you're fired!"
This time, Deshawn dropped his joking demeanor. He crossed his arms, glanced sideways at Feng Ya, and said with obvious impatience and provocation, "Hey, boss, relax. What's wrong with us taking a break to have a smoke, bringing friends to patronize your business, and try your cooking? Are you being stingy? Do you know how much we get paid per hour outside? You're paying us this little, and you're still asking for so much?"
"I'm paying the legally mandated minimum wage, and we signed an employment agreement!" Feng Ya argued firmly. "Rules are rules! If you don't like it, you can leave!"
"Leave?" Malik finally spoke, his voice low and threatening. "Boss, are you sure you want us to leave? Just because we smoked a cigarette in the kitchen and brought a few friends?"
"And that's not all! There's also stealing food, wasting food, and not adhering to work hours!" Feng Ya listed.
"Where's the evidence?" Deshawn shrugged. "You say we stole food, but who saw us? You say we were wasteful, but can't we just throw away spoiled food? You say we weren't punctual, but when were we ever late or left early? Boss, I think you just don't like us, it's racism, isn't it?"
The words "racism" struck Feng Ya like a hammer blow! Her face flushed red instantly, then quickly turned deathly pale. In the United States, this is an extremely serious accusation, enough to destroy a person!
"I didn't! You're making baseless accusations!" Feng Ya's voice trembled with anger. "I hire you, I pay you wages, how is that racial discrimination?! You're the ones who didn't follow the rules!"
"Rules? Your rules are targeting us!" Deshawn raised his voice, drawing sidelong glances from the few customers in the lobby. "My friend is a lawyer, and he told me that your actions—firing minority employees without cause and falsely accusing us of theft—are classic examples of workplace discrimination! We can sue you! We'll make you pay until you're bankrupt!"
Feng Ya felt as if she had fallen into an ice cave. Looking at the two young men in front of her, their faces brimming with confidence and even malice, she finally realized that she had made a fatal mistake once again—inviting wolves into her house, and this time, these were wolves who knew how to arm themselves with "political correctness" and "law."
She wanted to fire them immediately, but the threat of "racial discrimination" gnawed at her heart like a venomous snake. Her small restaurant couldn't afford any lawsuit, even a baseless one; the legal fees and the time and energy spent on responding would bankrupt her.
In the end, Feng Ya backed down again. Suppressing her humiliation and anger, she softened her tone. "Fine, I won't pursue the past. But from today onwards, you must strictly abide by all the rules! Otherwise, I really will ask you to leave!"
Deshawn and Malik exchanged a glance, their faces showing victorious, contemptuous smiles. Without saying anything more, they sauntered back to the kitchen.
However, Feng Ya's concession did not bring peace, but rather intensified the bullying.
After closing that evening, Feng Ya counted the earnings and discovered that nearly two hundred dollars were missing from the cash register. The person in charge of the cash register that day was none other than Deshawn.
Feng Ya confronted the two men lingering in the kitchen. Deshawn vehemently denied it, instead accusing Feng Ya of trying to frame him for stealing money because she had threatened to sue him for discrimination during the day, and that she was retaliating.
The argument escalated again. This time, Malik broke his silence. He slammed the rag he was holding onto the table, pointed at Feng Ya's nose, and yelled, "You filthy Chink! Who do you think you are? Daring to yell at us? Believe me, I'll smash up this lousy shop right now!!"
"Get out! Both of you get out! I'm firing you right now!" Feng Ya was completely enraged and roared irrationally.
"Fire us? You think you can?!" Deshawn sneered, suddenly grabbing a heavy ceramic soy sauce bottle and smashing it hard on the counter piled with dishes!
"Crash--Bang!!!"
A deafening crash of breaking glass echoed throughout the restaurant! Soy sauce, shards of porcelain, and condiments splattered everywhere! Then, Malik kicked over a nearby trash can, spilling filthy garbage all over the floor. The two men, like mad dogs, began smashing and destroying everything in the cramped restaurant! They overturned tables and chairs, smashed cups and plates, and tore down and ripped apart the decorative paintings on the walls!
"Stop! What are you doing! I'm calling the police!" Feng Ya screamed in terror, trying to stop them, but Deshawn pushed her away, causing her to stumble and crash into the wall, feeling dizzy.
"Call the police? Go ahead and call them!" Deshawn laughed wildly as he smashed things. "Let's see if the police arrest us or you, the racist, Chink boss who illegally fired his employees!"
In just a few minutes, the once tidy restaurant was smashed into a mess, as if a typhoon had passed through.
After venting their anger, the two men left, leaving behind a mess in the room and a stunned, trembling Feng Ya.
With trembling hands, she dialed 911. The police arrived quickly; two middle-aged white officers. They frowned at the mess, took brief notes, and inquired about the situation.
Feng Ya tearfully recounted the events, accusing Deshawn and Malik of theft, property damage, and assault.
The police asked, "Are they armed? Are you injured? Are there any witnesses?"
Feng Ya said they had no weapons, and she was only pushed and had no obvious external injuries. The restaurant was already closed at the time, and there were no other customers present.
The police took a statement, but their attitude was noticeably perfunctory. One officer even said, "Ma'am, this sounds like an employment dispute. Are you sure you didn't verbally abuse or threaten them first, escalating the conflict? You mentioned firing them earlier; do you have formal termination notices? Do you have evidence of their violation of regulations?"
Feng Ya was speechless. She had no surveillance footage, no recordings, no written warnings. All she had was her own account and the potentially contradictory accusations from the two young Black men.
"We'll investigate. You'd better also contact your insurance company to see if the property loss is covered." The police officer left with these words, gave her a case number receipt, and departed.
The investigation vanished without a trace, like a stone sinking into the sea.
Feng Ya spent a great deal of time and money cleaning up the restaurant, repairing the damage, and reopening it. But business plummeted. The vandalism that night and the subsequent rumors of possible "racial discrimination" caused many regular customers to stop coming.
But Deshawn and Malik did not give up.
The real nightmare has only just begun.