What are my rights f my credit card tips were not given to me after termination?

I willingly left a job, and was paid my last check. However, the employer did not pay me my credit card tips I earned, it’s been over a month. I went into the place of business and he refused to give me my earned tips. He said that because I made a status on Facebook, he would not give them too me. I did not slander any names, I just said how upset I was about it. In fact, I did not mention any names in the status. Can he not pay me my earned tips because of this?

Asked on October 10, 2017 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, your employer has no right to withhold your tips or any part of your pay--even if you had defamed or slandered your employer, they still have to pay you everything to which you are entitled. (They'd be able to sue you if you defamed them; but the fact that they might have a cause of action against you does not release them from their obligation to pay you.) You may sue your employer, such as in small claims court, as your own attorney ("pro se") for the money which, unfortunately, is the only reasonable way to get the tips--and is still only worth it if the amount of tips at stake is worth giving up a workday (since court is typically M-F, 9-4:30) for.


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