Is it legal that my employer bases hours on personal relationships/emotions over work ethic?

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Is it legal that my employer bases hours on personal relationships/emotions over work ethic?

I informed my manager that it is illegal for the managers to take part of the tips. After I brought the tip issues up, my hours decreased to 5 hours a week. I was also told that if I did any more research about the tips that they would fire me. I asked one of my managers why my hours were decreased and she declined it was about the tip situation, but rather because I hurt her feelings because she found out that I was looking for a morning shift job(I work nights) and that she felt like I was unhappy because I didn’t talk to her. I’m also getting scheduled 2.5 hour shifts on 2 separate days.

Asked on May 14, 2012 under Employment Labor Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The dispute that you have with your manager over tips and alleged hurt feelings of the manager resulting in a decrease in hours worked for you is poor judgment on the manager's part and can be viewed as a retaliatory act with respect to a legal issue warranting an investigation into the situation by your local department of labor.

From what you have written, I suggest that you have a face to face meeting with your manager over the situation to resolve the problem to your satisfaction and if not, you make a complaint with your local department of labor over what happened to you.

 


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