The best way for a server to handle tips/wages being withheld after resignation?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

The best way for a server to handle tips/wages being withheld after resignation?

In retaliation for my walking out/resigning, my tips/wages are being withheld. I actually waited about 9-10 days after payday before even inquiring as to the status of my final check, and was told it had been mailed. I received only a payroll check for my hours 2 days later. We were receiving a second check from a different apparently personal business account to

Asked on November 21, 2016 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can try contacting the state department of labor, to see if they will help--they do with many wage cases, so they might also help with improperly withhold tips. If they won't, then your only option is to sue your employer (in say, small claims court, where you can act as your own attorney, or "pro se," to save legal fees) for the money. You sue for breach of contract: there was an agreement (even if only an oral or unwitten one) pursuant to which you were paid and received tips for work; you did you work, so the employer was obligated to pay you.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption