If my boss claims that I stole pooled tip money but says I can’t come watch the video because I’m “under investigation”, can he refuse to let me see it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my boss claims that I stole pooled tip money but says I can’t come watch the video because I’m “under investigation”, can he refuse to let me see it?
He says he has on video me putting money in my shirt but he doesn’t supply me with an apron so I put things there when my hands are full. I explained to him that if he looks at the camera facing the tip tray he’d see my putting there but he just wants to get rid of me and mar my reputation. He also has never given me statements with my checks, never had a consistent pay day, and refused to pay me my final check the day he terminated me.
Asked on April 19, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) The "due process" rights we all familiar with from movies and television do not apply to employment, unless you have an employment contract which gives you certain job protections or requires a certain procedure for discipline or termination. In the absence of a contract, you are an employee at will: your employer may fire you at any time, for any reason, and is not obligated to prove the truth or accuracy of his reasons or to share evidence with you.
2) You must however be paid for all work you have done, even if you are terminated--even if you are terminated for cause. There are no grounds for your employer to withhold your final paycheck. If he will not pay, you may sue him (including possibly suing in small claims court, where you could act as your own attorney) to recover it. If you sue him, you could potentially also sue him for any other unpaid amounts, or for any costs (e.g. interest, late fees) you have incurred in the past because he paid you late.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.