I am an "on the books" busboy and have decided to give my boss one weeks notice instead of two. In reaction to this he threatened to withold all my tips for the week I have left until I find a replacement. Should I consider seeking legal action against him?
2007-07-27 19:25:07 · 10 answers · asked by yahoo user 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
Contact the board of labor
2007-07-27 19:29:59 · answer #1 · answered by Mike Frisbee 6 · 0⤊ 0⤋
No, you have no grounds because if they have a policy that clearly states that 1. you must give proper notice by letting them know 2 weeks in advance that you are resigning, and 2. that you must seek a replacement; then you can't just decide to give him a one week's notice. You have to do things by the books, by the laws, rules and regulations that were setforth to you when you took this position. Your employer has every right to withhold your funds that were earned from your tips. You do not have a legal case against him if in fact you knew these policies upfront. If you did not have any policies upfront and you were not made aware of this, then you definately have a case legally and you should definately pursue it!! ... Good luck to you!
Much Love
Peace & Happiness
2007-07-28 02:29:50 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Get real. He got mad because you didn't give him proper notice and are leaving him in a lurch. I assume you will not need any references from him in the future. But he is aware that he cannot keep your tips. . .or can he? It's not what happened but what you can prove. Could you prove you did not get your tips? I would tell him nicely that I was sorry he was so upset that you could not give the two weeks notice and then finish with now he has put you in the position that you can't even work the last week. That you have no intention of working without getting your just pay and then leave. Part of this is your fault. . .
2007-07-28 04:40:06 · answer #3 · answered by towanda 7 · 0⤊ 0⤋
It is against the Fair Labor Standards Act to withhold wages for any reason without the employee's authorization. In addition, each state has regulations about the timeliness of the final paycheck.
You boss could be blowing off steam. Use the internet to find out your State law about the final paycheck. Tell the boss that you expect to receive all monies due you according to that law. If he tries to withhold your tips, contact the US Department of Labor. They will get the money for you.
2007-07-28 18:25:43 · answer #4 · answered by butter1944fly 3 · 0⤊ 0⤋
It doesn't matter what the "books" say, no employer can withhold anyones tips for not giving proper notice. If the above mentioned employer does, its stealing, because he is knowingly withholding moneys earned by an employee.
2007-07-28 02:35:01 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I dont think that they can take your tips for any reason, they are your tips, not sure what legal action you can take. Search around on the internet to see if you can find any laws in your state about this.
2007-07-28 02:28:51 · answer #6 · answered by AM 1 · 0⤊ 0⤋
I doubt it. If they laid you off, would they give you 2 weeks notice? As suggested, contact the Labor Board.
2007-07-28 04:47:58 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If you would like to talk with an attorney about this you can review this website for our services.
www.BillGarner.com
2007-07-29 15:51:54 · answer #8 · answered by bigbucks11 2 · 0⤊ 0⤋
I dont think he can but its a real pain and hassle to try to fight this. I'd say screw it and leave now.
2007-07-28 02:30:37 · answer #9 · answered by Slumlord 7 · 0⤊ 0⤋
Ahhh yes!
2007-07-28 02:27:43 · answer #10 · answered by telakenisis 2 · 0⤊ 0⤋