i serve at a japanese sushi restaurant and bar (some of you may have seen my thread talking about being fired and how my tips have constantly been stolen since i began working there.) anyways i got my pay stub today (i was paid late) and i had 77.69 hours at $4.00/hr which totaled out to $62.54, i do get tips but i dont get anywhere near what is shown on my paystub (claimed about 800 when i saw about 400 of them.) now i looked back on all of my other check stubs and saw that my paycheck jumped from 2week to 2week, itd range from 120to 54 dollars.
is there any logic to this "policy" that my chink owner lays down??



extra info- my owner steals 60 percent of my tips every shift (this has been going on since the place opened 3 years ago) and it turns out shes stolen over 6g from me since ive started there. weve contacted this lawyer dude because she wont listen when i tell her its illegal in colorado for her to take ANY of my tips but the ignorant bitch just sticks to her thoughts that company policy is above state law... she could have just given me my full tips every night and avoided all this but unfortunately shes got the IQ of a pomeranian.

I dont know about the stealing of the tips or whatever, but minimum wage only applies to non tipped employees. Employers are allowed to consider your "estimated tips" as counting towards your tips. Get a job waiting tables elsewhere. I waited tables for a long time and pretty much never saw a dime on an actual paycheck, but would leave a shift on a friday night easily with 3-400 dollars for a few hours of work.

Oh and also, the way it worked when I was waitressing was that you are assumed to earn something like 12% of your total sales in tips. So you kind of have to claim an amount at the end of your shift around that number. When I clocked out every shift I was given my sales total for the shift and I would just claim 12% of that as my tips and the taxes on that tip amount were taken out of my paycheck (which is why it never amounted to shit)

Legally you need to make minimum wage no matter where you are. If you make tips at your job then the employer can pay you less than minimum, but hourly wage + tips still needs to add up to minimum.

Solution? Ask for a raise and threaten to call the department of labor.

I would have broken that dirty, yellow, slant eyed, bitches legs the first fucking check her slimy gook fingers handed me that was off by more than 1 cent. But a more productive thing to do would be to sue the fuck out of her and try to take her restaurant and tell the IRS she has been lying about taxes. Tell them she has been under reporting tens of thousands for years and is anonymously sending the money to China. Try to get a recording of her saying she wired a family member some money in China. If you could get her to say she sent someone $500. Then tell the IRS that she does that every week and has been doing it for years. Just think of the back taxes on $25K a year times the number of years the restaurant has been open. Who knows, you may get a slice of that cake.

Go call the Department of Labor, like I've been telling you all along. Having worked for them for only seven weeks, your options might be limited, but it's worth a shot.

Getting canned for insubordination probably won't help your case, though. Having listened to me the first time and dealing with the tip-out situation while you were still an employee would've been better. But hey, nothing wrong with asking.

Or keep talking to your lawyer.

File a civil suit.

just to follow up the thread, i hired a lawyer and its a smooth case, she doesnt have ANYTHING that can save her and ill be seeing a check for over 10 grand after lawyer fees.

Troll.

TROLL!

$10,000 after fees, over a discrepancy over an untipped employee who got canned for insubordination?

HA!

Like you could afford to hire an attorney to start...or that she'd have $10,000 to pay to you.

I wanna know what you've brought against her, because yeah...that might be important for the judge to know.

oh yeah mother fucker are you a fucking lawyer? call me out for this shit you little cunt i fucking dare you. would you like me to email you our litigation fee agreement and prospective gains that ive sat and went over with my lawyer for almost 1.5 months now? fuck you guy and maybe you could read up in my past threads how much shes actually stolen. over 6 grand (very rough estimate) in tips ALONE in a 4 month span. and you know what happens when i dont get those? i get 40 percent interest and all my tips back PLUS an extra 3.50 for every hour i worked. so hmm 6000 dollars plus 40% of that is 8500 then lets add 3.50 an hour for about 600 hours is 10600. not to mention the money ill get back from her paying me 1 dollar an hour while stealing those tips. and thats just my rough estimate. Oh and yeah, i got hired back after i got fired (not for insubordination cunt) so thats really no issue in the least bit. i actually could have claimed unemployment. wheres your arrogance now fucker?

oh and did you want to know what evidence i have against her or did you want a link to prove what shes doing is illegal? because i can give you both of those by your next post.


as has been said in many a thread before, do some fucking research.

Okay, you convinced me. Though I really doubt you'll get much out of her, since it doesn't sound like she has cash reserves to that tune. Structured settlement, here you come!

I never doubted it was illegal. I just doubted your validity, since you come off as the average Totse user; that is, slightly daft. Nothing personal.

My obnoxiousness in namecalling is also why I try not to drink and post. My apologies. Next time, I'll make an effort to be 1) sober and 2) far more eloquent.

EDIT: One last question, though...

How did/do you qualify for unemployment? If you could point me in the direction of that particular statute, I'd be most grateful.

drink and post.

Hey man we all do it from time to time.

its all good man ive just been through a lot of bullshit in regards to this whole ordeal and am now broke because of it too. touchy subject you may say.


as for qualifying for unemployment, i worked for over 90 days which is the colorado required hours to qualify for UE. as for my termination, i was fired for asking where my tip money went (in colorado tip pooling is illegal unless it is only to FOH and distributed by servers only.) The funny thing is that none of the FOH besides servers (there were no bussers after i began serving) ever saw any tips. after i explained this to her (showed her the papers and what not proving what she was doing could end her up in jail) she started getting all uppity that somebody was actually smart enough to confront her properly about it. i was going to let everything slide as long as i got my money i deserved. not the case in the least bit.

i was not disrespectful but because i questioned the dirty chink bitches "policy, as she calls her act of embezzlement to ward off any confrontation over our missing money. she fired me for asking for my money, which (from what the labor board told me) is illegal and is not grounds for being fired. after i finished my application i got a call from her asking me to come back and work, which i did as i had already talked to and met with a lawyer telling me i would be seeing a substantial settlement that depended on how many hours i worked and how much i made in tips. basically i only went back to multiply my soon to be structured settlement.

now shes gonna be going to jail, will lose her business to us, and possibly her house. and the funny thing is that after 3 years of her doing this to every server who's ever worked there, a 19 year old kid from california is fucking her royally.

anyone want to party in Aspen this year? drugs are on me :D

I want to party...I don't even need drugs...just alcohol!

I don't know about your state, but in mine, your unemployment benefits are based on the amount you made in the first 12 of your last 15 months...so if that is the only job you had, you'd be paid based on only the first of your 4 months there, and your benefits would be quite low. Congrats on reaming that fucking ching-chong bitch for ripping you off!

Kill her.

Wait how do you get paid $4 a hour that's less then minimum

I will be up for a party at Aspin drugs lol

You've been working there for 3 years and you question your employers IQ?

good god learn to read.

anyone want to party in Aspen this year? drugs are on me :D

Grats on the settlement, I'll be there.


Wait how do you get paid $4 a hour that's less then minimum

The tips he was supposed to be getting.