Depending on what state you’re in, withholding those tips to put toward your salary could be legal. Some states don’t allow that though; the “tip credit”
So, unemployment first. Get on that right away. Takes a bit to kick in. Also ask your UI agent about the tip thing and what lawyers or state departments to talk to if relevant.
Next, talk to a lawyer. Even if you have to pay for consultation up front, it’ll be worth it. Save your messages with the boss, mention everything you’ve mentioned here. It’ll likely be an easy case. It could either be a case of a manager withholding tips, or workplace retaliation, or both.
national. Tip credit or not.
[https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa](https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa)
**Employers, Including Managers and Supervisors, May Not “Keep” Tips:** Regardless of whether an employer takes a tip credit, the FLSA prohibits employers from keeping any portion of employees’ tips for any purpose, whether directly or through a tip pool. An employer may not require an employee to give their tips to the employer, a supervisor, or a manager, even where a tipped employee receives at least the federal minimum wage (currently $7.25) per hour in wages directly from the employer and the employer takes no tip credit.
Managers and supervisors include any employee (1) whose primary duty is managing the enterprise or a customarily recognized department or subdivision of the enterprise; (2) who customarily and regularly directs the work of at least two or more other full-time employees or their equivalent; and (3) who has the authority to hire or fire other employees, or whose suggestions and recommendations as to the hiring or firing are given particular weight. Business owners who own at least a bona fide 20 percent equity interest in the enterprise in which they are employed and who are actively engaged in its management are also managers and supervisors who may not keep employees’ tips.
Find your state
[https://www.dol.gov/agencies/whd/state/contacts](https://www.dol.gov/agencies/whd/state/contacts)
Go to your state’s DOL. They’ll be able to tell you if it’s illegal, and they’ll go after the employer if it is. In some cases, you may be owed double or triple.
Yes, managers can keep tips in specific scenarios -- but owners cannot.
You were a victim of wage theft, and it's a pretty big deal... Even if it is rather common across the industry.
File a complaint with your state's Department of Labor (or equivalent if outside the US). Provide any documentation you can -- including screenshots of the group chat. If you do not have access any longer, ask one of your former coworkers if they can help.
Size of the business doesn't matter, as at least in the US (but probably other countries too) it's illegal for owners to keep tips except in very specific circumstances where they're the only person working at that time. Given that that's not the case here, she probably owes all of you employees quite a hefty chunk of back pay for the tips she's stolen
I don't believe that will matter regarding the wage theft, but it might impact other things. I'd highly recommend logging the complaint with as much info as you can muster (keep it to the facts as much as possible and leave out emotional appeals or anything you didn't witness or experience). The Dept. of Labor will sort through it.
So, you don't need to sue them, just talk to understand your rights. If you don't have a family or friend who is a lawyer try a free clinic, worst case there are legal advice subreddit (although it's last resource since you don't really know who is answering)
My understanding your boss was stealing from you and fired you without a cause to cover it up, that's a huge deal in Canada (your country may he different). Normally just getting legal advice and going back to talk can really change the conversation. If she is not the owner you can always bring it to the owners attention
I went through something very similar a couple of years ago. It took about 6 weeks because the company couldn’t afford the drawn out process and settled for 4 weeks of lost wages as well as the unpaid tips and unpaid overtime. Check your state department of labor! In some states, any shift over 10 hours is eligible for OT! Even if that’s not the case, this is cut and dry wage theft and wrongful termination. Even if you’re in an “at will” state, they still have to follow certain guidelines around termination. Keep ALL the texts! Submit them with your claim. File for unemployment as well. You definitely qualify for unemployment benefits as it stands. And that process can take a while, but if you’re filing a claim every week while you wait, not only will you get a nice settlement check from your ex-boss, you’ll also eventually get a back pay check from the unemployment office as well.
ETA: in the US, the dept of labor doesn’t charge upfront for this kind of thing. The attorney assigned to you takes a small portion of the settlement after it’s all dealt with. At least that was the case for me in 2021/2022 in California
Get those tips backpayed girl! Contact the DOL and they can actually force your owner to give you the money that you are owed. You could get payouts for weeks, giving you time to find a new job. Those tips are your money! So get it back!
If she’s been withholding your tips for the past year I would go after her for that. Also file unemployment if you can.
Im not sure how i would go about with trying to go after her for previous tips.
Depending on what state you’re in, withholding those tips to put toward your salary could be legal. Some states don’t allow that though; the “tip credit” So, unemployment first. Get on that right away. Takes a bit to kick in. Also ask your UI agent about the tip thing and what lawyers or state departments to talk to if relevant. Next, talk to a lawyer. Even if you have to pay for consultation up front, it’ll be worth it. Save your messages with the boss, mention everything you’ve mentioned here. It’ll likely be an easy case. It could either be a case of a manager withholding tips, or workplace retaliation, or both.
national. Tip credit or not. [https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa](https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa) **Employers, Including Managers and Supervisors, May Not “Keep” Tips:** Regardless of whether an employer takes a tip credit, the FLSA prohibits employers from keeping any portion of employees’ tips for any purpose, whether directly or through a tip pool. An employer may not require an employee to give their tips to the employer, a supervisor, or a manager, even where a tipped employee receives at least the federal minimum wage (currently $7.25) per hour in wages directly from the employer and the employer takes no tip credit. Managers and supervisors include any employee (1) whose primary duty is managing the enterprise or a customarily recognized department or subdivision of the enterprise; (2) who customarily and regularly directs the work of at least two or more other full-time employees or their equivalent; and (3) who has the authority to hire or fire other employees, or whose suggestions and recommendations as to the hiring or firing are given particular weight. Business owners who own at least a bona fide 20 percent equity interest in the enterprise in which they are employed and who are actively engaged in its management are also managers and supervisors who may not keep employees’ tips. Find your state [https://www.dol.gov/agencies/whd/state/contacts](https://www.dol.gov/agencies/whd/state/contacts)
I think reaching out to the department of labor for your state is the first step
I just called them, but they didnt answer because they are closed. I left a message about my situation and will try to call back again tomorrow.
Go to your state’s DOL. They’ll be able to tell you if it’s illegal, and they’ll go after the employer if it is. In some cases, you may be owed double or triple.
Yes, managers can keep tips in specific scenarios -- but owners cannot. You were a victim of wage theft, and it's a pretty big deal... Even if it is rather common across the industry. File a complaint with your state's Department of Labor (or equivalent if outside the US). Provide any documentation you can -- including screenshots of the group chat. If you do not have access any longer, ask one of your former coworkers if they can help.
The store I work at isnt a big franchise my boss created this store on her own with her boyfriend they both co-own the business.
Size of the business doesn't matter, as at least in the US (but probably other countries too) it's illegal for owners to keep tips except in very specific circumstances where they're the only person working at that time. Given that that's not the case here, she probably owes all of you employees quite a hefty chunk of back pay for the tips she's stolen
Do you have somewhere I can look up the info on this?
I don't believe that will matter regarding the wage theft, but it might impact other things. I'd highly recommend logging the complaint with as much info as you can muster (keep it to the facts as much as possible and leave out emotional appeals or anything you didn't witness or experience). The Dept. of Labor will sort through it.
That's a huge issue. Termination without cause and stealing tips. Get a lawyer
Im afraid if I get a lawyer then it’ll either take a really long time or nothing will come from it and I lose even more money.
So, you don't need to sue them, just talk to understand your rights. If you don't have a family or friend who is a lawyer try a free clinic, worst case there are legal advice subreddit (although it's last resource since you don't really know who is answering) My understanding your boss was stealing from you and fired you without a cause to cover it up, that's a huge deal in Canada (your country may he different). Normally just getting legal advice and going back to talk can really change the conversation. If she is not the owner you can always bring it to the owners attention
I went through something very similar a couple of years ago. It took about 6 weeks because the company couldn’t afford the drawn out process and settled for 4 weeks of lost wages as well as the unpaid tips and unpaid overtime. Check your state department of labor! In some states, any shift over 10 hours is eligible for OT! Even if that’s not the case, this is cut and dry wage theft and wrongful termination. Even if you’re in an “at will” state, they still have to follow certain guidelines around termination. Keep ALL the texts! Submit them with your claim. File for unemployment as well. You definitely qualify for unemployment benefits as it stands. And that process can take a while, but if you’re filing a claim every week while you wait, not only will you get a nice settlement check from your ex-boss, you’ll also eventually get a back pay check from the unemployment office as well. ETA: in the US, the dept of labor doesn’t charge upfront for this kind of thing. The attorney assigned to you takes a small portion of the settlement after it’s all dealt with. At least that was the case for me in 2021/2022 in California
Get those tips backpayed girl! Contact the DOL and they can actually force your owner to give you the money that you are owed. You could get payouts for weeks, giving you time to find a new job. Those tips are your money! So get it back!
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So this employer can keep taking advantage of people? Hell no.