my grandma passed away, i was emotional at work and had a bad day and said some **** i regret, the next day i decided i was too embarassed to return so I never did, now i find out my tips are being split amongst other employees... is that legal? wtf?
2007-05-13 06:02:35 · 11 answers · asked by Candy C 2 in Politics & Government ➔ Law & Ethics
Your tips are separate from your actual paycheck. Your employer cannot withhold the money you are owed for your services. This does not include the tips.
Better check your employment contract to see what it says about tips and voluntary termination of employment.
2007-05-13 07:10:59 · answer #1 · answered by Eames 4 · 0⤊ 0⤋
You rights entitle you to pay for all time worked. It doesn't matter if you quit in the middle of a shift and didn't give her any notice, she has no right to keep your paycheck. Even if she believes that you stole money, she cannot with hold money from you paycheck. She is not judge, jury and executioner, so to speak. If she believes that you stole something, she can file a civil or criminal complaint, but then she has to prove that it was you. The judge or jury would have to find you guilty and then they would sentence you. I would inform this woman that you will be informing the local news papers about this scandal, law enforcement, a lawyer, the labor board, and anyone else you can think of to contact, unless she plans on giving you your pay. If she still refuses, then contact those people and make life rough for her.
2016-04-01 09:24:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I agree with the others... Further, depending on what state you are in, there should be a State agency that oversees those types of violations... There should be a general information number in the State govenment that you could call so they could direct you to the right agency....good luck
2007-05-13 06:10:58 · answer #3 · answered by RETIRED 7 · 0⤊ 0⤋
They can not withhold your pay unless they are waiting for you to return your uniforms or something, but as far as you tips they shouldn't had split them with anyone.
2007-05-13 06:08:13 · answer #4 · answered by sue h 2 · 0⤊ 0⤋
Sorry about your Grandma, but thats life! Yes your boss is entitled to ditribute your tips among the other employees. Put yourself in his shoes, he was one employee short, so either he had to cover for you himself, or he had to find another person very quickly? Sorry darling, you snooze, and you loose!
2007-05-13 06:08:58 · answer #5 · answered by bruabby 2 · 0⤊ 0⤋
If when signing you job contract it was included that your tips will be taken out if you quit with previous notice, then I don't think you have a case there. Hope this help.
2007-05-13 06:15:55 · answer #6 · answered by LawNerd 2 · 0⤊ 0⤋
If they were tips you would have received that night but didn't because you left early then you'd probably lose in court. The amount is also probably not worth the cost of court fees.
2007-05-13 06:07:37 · answer #7 · answered by rob. 2 · 0⤊ 0⤋
your problem is proving your tips were given away....and no he cannot withhold your paycheck.
2007-05-13 06:07:28 · answer #8 · answered by Armed Civilian 4 · 0⤊ 0⤋
no, that is not legal . If the money was given for you, then it is yours.
2007-05-13 06:05:31 · answer #9 · answered by nvrrong 5 · 0⤊ 0⤋
No, it is not legal.
2007-05-13 06:05:43 · answer #10 · answered by cyanne2ak 7 · 0⤊ 0⤋