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

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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 4 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.


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