What to do if I have previous employer who is withholding about $50 in credit card tips from me?

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What to do if I have previous employer who is withholding about $50 in credit card tips from me?

When I asked her where the money was she immediately denied that I was owed any money. I informed her that I had pictures of the tip sheets and that she did in fact owe me fifty dollars and she claims that the reason she withheld my tips was because I had accidentally broken some merchandise about a month back and that I had an unsatisfied customer as a direct result of me “incompetence” that she had to reimburse. She never made me sign anything saying that she could withhold money from me for any reason, so I was wondering if that was illegal. Also, she never gave me any sort of break when I was working 5-8 hour shifts.

Asked on December 19, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You most likely do not have any effective recourse or options. In a case like this, the only way to get the money you believe you are owed is by suing the previous employer for it. However, even a small claims case costs something to file--usually around $20 - $30. It also takes time; and winning is never guaranteed, since you'd have to prove your case (since you are the one suing) by a "preponderance of the evidence," or that it is more likely than not that the employer did withhold the money. Therefore, you'd have to go to some effort, spend time, and pay $20 - $30 for the chance, not certainty, of getting back $50.


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