I live in NYC I work as a waiter. I was short on my bank $44. The manager tells me to pay the $44 out of my tips while he investigates the situation. I know I'm not supposed to pay for shortages in your bank but I gave him the money anyway trusting he wou

I live in NYC I work as a waiter. I was short on my bank $44. The manager tells me to pay the $44 out of my tips while he investigates the situation. I know I'm not supposed to pay for shortages in your bank but I gave him the money anyway trusting he would do the right thing. 2 days later a video shows customer paying check with credit card but the credit card information is missing. It looks like a computer glitch. The manager says he has to talk to his supervisor to see what to do next. I say return the money from my tips. Over a month later same answer I have to talk to my supervisor. I feel like I'm getting the runaround a month is plenty of time to decide what to do. I am very frustrated by this point so I decide to take action on my side.I know I am not supposed to pay for shortages in my bank so I shorted my bank on purpose $44 so I can return my money back. I may have made a mistake doing this. So now they take me to the office and suspend me indefinitely for shorting the bank $44 on purpose. so far I have missed three days of work so far and I am not on the schedule for next week at all. They said the suspension with no pay is warranted because I shorted the bank on purpose. I have no end date to the suspension. They say they are investigating. I think they are retaliating against me because I took matters into my own hands. What are my rights?

1 answer  |  asked Jan 5, 2020 12:37 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
You are not the first employee who has taken matters into their own hands. Not usually a great option.

New York State laws give you up to 6 years to collect unpaid wages. That's a long time. You can contact the DOL, file in small claims court and sometimes there viable claims to be made under the FLSA in federal court.

Your employer is sending you a message. Unpaid wages are serious issues for employers and employees; especially in NYC where paying rent by itself can be a herculean effort for many.

If you have no other choice you may have to file for unemployment but in your case it might be better to have the employer resolve this and bring you back which they should.

No employer wants the DOL or a federal court examining tip credits, split shift pay and all the other wage issues which can cost an employer big bucks especially in NYC.

If you show up as scheduled and serve well up front they will want to keep you. Next time you might call some employment lawyers before taking matters into your own hands.

Happy New Year and good luck.

posted by V Jonas Urba  |  Jan 5, 2020 1:19 PM [EST]

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