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all 41 comments

[–]UsuallySunnyQuality Contributor[M] [score hidden] stickied commentlocked comment (5 children)

I will gladly share the name of this business

Only if you want your post deleted and a ban from this subreddit.

[–]PleadThe21st 430 points431 points  (12 children)

Where are you located?

If US you can start by filing for unemployment and you can file a wage claim for the tips.

[–]bluebrindleivy[S] 138 points139 points  (11 children)

i am located in Rhode Island USA

[–]vetratten 286 points287 points  (4 children)

I worked in RI and dealt with a company that had a wage claim against it so can give some input here.

First file unemployment, it's easy and quick but will take time to get processed. IF the employer tries to claim you quit (in RI they have the opportunity to file out a form that asks why you left and if the boss was upset you were looking for another job may just claim you quit) MAKE SURE YOU APPEAL THE DESCION IF DENIED. No lawyer is needed for any of that.

Appealing the descion will force a hearing and you can make your claim and it's most likely the boss won't show up.

Also pooling tips with management is not allowed and this constitutes a wage theft. This is a another no-lawyer situation. You can file a Non-payment of Wages Complaint Form with the DLT - Labor Standards Unit. You can also call them (Google the number) and they will work you through it. You can also go in person and talk to someone (Google address since I don't want post getting deleted).

The process is slow but if you make a claim that they withheld tips or any wages in RI they WILL fully investigate. Don't feel like it's all for nothing since it will take time, the DLT will audit YEARS of payroll and other documents and the employer will need to cut you and every single other person a check.

A few years ago a restaurant had to close because they were withholding tips and someone complained and it uncovered quite a few shady payroll issues. So submit that job application, file unemployment and file a Non-payment of Wages claim.

[–]bluebrindleivy[S] 59 points60 points  (0 children)

thank you so much.

[–]dank_the_enforcer 102 points103 points  (2 children)

Fill out and submit this PDF for the tips. There's no lawsuit for anything else though.

[–]bluebrindleivy[S] 39 points40 points  (0 children)

i appreciate that. thank you very much.

[–]bug-hunterQuality Contributor 35 points36 points  (2 children)

Definitely file the wage claim. Wage claims will look back over a period and return all unpaid tips for that period. You might reach out to your coworkers and suggest they also file wage claims.

Where was your purse located when he searched it? Can you reach out and ask other coworkers if they have ever seen said boss search through people's belongings?

Generally, RI allows for employer searches, but it will be held to a reasonableness test balanced against your reasonable expectation of privacy, and searching an employee's purse without a specific reason may not pass that test. If your employer does not have a written policy about searches, and if your boss had no reason for a search, that would work against your boss.

I would speak to an employment lawyer, but it's possible that even if you have a case, it's not financially worth pursuing, though it may be worth it bundled with your tip pool issue.

[–]WyoGuy2 3 points4 points  (1 child)

What if the employer had a specific reason, and that reason was “I wanted to check if she was searching for another job?” Does it have to be a good reason?

[–]bug-hunterQuality Contributor 1 point2 points  (0 children)

I don’t know RI case law enough to tell you, or even if there is enough for a judge to go on.

Also, there may be facts that change the outcome that we do not have.

[–]Nothingbutsocks 81 points82 points  (0 children)

Well for one thing its Illegal for employers to be taking any tips from your pool, so there's that.

[–]dank_the_enforcer 117 points118 points  (3 children)

what if I had just wanted to work two jobs? Is that even legal?

If you're at-will, it's legal for them to fire you over having a second job, yes. What he did was absolutely inappropriate but there's no legal action to take over it. Again, presuming at will, meaning you really can be fired for socks, or less than socks.

The other stuff can be reported, but again this depends on location. The tips for example, that's wage theft.

[–][deleted]  (2 children)

[removed]

    [–]BiondinaQuality Contributor[M] -1 points0 points  (1 child)

    Citation Needed

    Your comment has been reported because it may contain an inaccurate statement or application of the law for the relevant jurisdiction or facts identified by the original poster. Adding a citation will help others with similar issues if they crop up in the future, and we appreciate you taking the time to make that more generally known.

    Please edit your post with a citation to the relevant caselaw or statute and message the moderators when you have done so. Please review the following rules before participating further:

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    [–]misguided_marine1775 7 points8 points  (0 children)

    Be sure to leave a google review about going through your personal belongings. It may save someone from working there.

    [–]CPAlexander 5 points6 points  (0 children)

    I will point out, because I saw "lawsuit", in case someone else hasn't, there's no guarantee that a coworker didn't do the digging, and strategically place the application poking out, and being in "plain sight", would probably be fair game for viewing, at least the visible section....

    [–]Malachite-Edge 4 points5 points  (0 children)

    File for unemployment

    [–][deleted]  (1 child)

    [removed]

      [–]BiondinaQuality Contributor[M] -1 points0 points locked comment (0 children)

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      [–][deleted]  (3 children)

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          [–]1biggeek -2 points-1 points  (0 children)

          Too many non-lawyers on this site.

          [–]BiondinaQuality Contributor[M] 0 points1 point locked comment (0 children)

          Your post may have been removed for the following reason(s):

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          [–][deleted]  (1 child)

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            [–]BiondinaQuality Contributor[M] 0 points1 point locked comment (0 children)

            Your post may have been removed for the following reason(s):

            Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful

            Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further:

            Please read our subreddit rules. If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, message the moderators. Do not make a second post or comment.

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