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  1. #1
    Join Date
    Jan 2017
    Posts
    5

    Default How to Get Tips That Were Withheld After Termination

    My question involves labor and employment law for the state of: Georgia


    I was terminated on January 3, 2017 from a bar back job in Georgia. My pay was $75.00 daily plus 10% of the bartender(s) and server(s) tips. The owner of the bar was the one who terminated me at the end of my shift.

    I cleaned the bathrooms at the end of the shift, but the owner went to the men's restroom and vomited in one of the urinals. In a drunk state, he cussed me out, told me I had 5 minutes to clean his puke or get my so-and-so sorry butt (putting it nicely) out of his establishment. I had already clocked out, and the bartender had already ran the shift reports. I would not be able to clock back in until the following day without the general manager's approval. We would need his authorization code to re-open the shift time clock management.

    The owner informed me to leave his property and told the 2 bartenders and 3 servers that my tip outs from them are now his because I refused to clean.

    Getting terminated doesn't bother me, it was just a seasonal job anyways, but I thought there was laws from the FLSA that stated an employer can not keep tip outs from employees.

    Can I legally sue the owner and for what?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Terminated: Tip Out

    The most you would be able to get, and in GA it's not a given that you'd get this much, is the amount of any pay or tips you were entitled to and didn't receive.

  3. #3
    Join Date
    Jan 2017
    Posts
    5

    Default Re: Terminated: Tip Out

    Thank you for your response. So I should go through magistrate court?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Terminated: Tip Out

    How much money are we talking about?

  5. #5
    Join Date
    Jan 2017
    Posts
    5

    Default Re: Terminated: Tip Out

    $75.00 (Daily pay) plus tipouts from 2 bartenders ($31.00 & $17.00) plus tipouts from 3 servers ($22.00, $14.00 and $12.00) so $171.00 total

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Terminated: Tip Out

    Small claims court.

  7. #7
    Join Date
    Jan 2017
    Posts
    5

    Default Re: Terminated: Tip Out

    Thank you for your help. One of the servers said I should look into maybe a theft by deception or similar type charge. But I don't want anymore than what I'm owed.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Terminated: Tip Out

    Quote Quoting barbackjack
    View Post
    Thank you for your help. One of the servers said I should look into maybe a theft by deception or similar type charge. But I don't want anymore than what I'm owed.
    No. It is not a criminal matter.

  9. #9
    Join Date
    Nov 2013
    Location
    in alto mare
    Posts
    1,123

    Default Re: Terminated: Tip Out

    You may also be eligible for unemployment insurance. Contact your unemployment office and see if you meet the requirements for income and length of service.

    Let ol' drunkie explain to them how you refused to clean up his vomit.

    That bar sounds like it could use a visit from Jon Taffer.

  10. #10
    Join Date
    Jan 2017
    Posts
    5

    Default Re: Terminated: Tip Out

    Quote Quoting geek
    View Post
    You may also be eligible for unemployment insurance. Contact your unemployment office and see if you meet the requirements for income and length of service.

    Let ol' drunkie explain to them how you refused to clean up his vomit.

    That bar sounds like it could use a visit from Jon Taffer.
    If you only knew how bad of a drunk the owner can be.

    UPDATE: January 7, 2017

    I received a text message today, from one of the bartenders on duty the night I was asked to leave. She recorded on her phone the owner laughing and bragging about using my tip out and pay to buy himself a new golf bag. The recording clearly shows his face, him saying he used my pay for his gain.

    Could now, with this new information be considered Theft by Conversion? The owner used my pay to purchase items for his personal gain.

    UPDATE: January 7, 2017

    I received a text message today, from one of the bartenders on duty the night I was asked to leave. She recorded on her phone the owner laughing and bragging about using my tip out and pay to buy himself a new golf bag. The recording clearly shows his face, him saying he used my pay for his gain.

    Could now, with this new information be considered Theft by Conversion? The owner used my pay to purchase items for his personal gain.

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