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Can my boss force me to pay ?
Posted by: bonita
Date: 12/7/2004 10:00:17 AM
Im a waitress at a busy bar and being a bar we usually have a few customers that sneak out without paying their bill. My boss forces the servers to cover that money from our tips, but at times with bills over $100 it comes out of our pockets. Does he have the right to do this? I can see his side, as he doesnt want to get ripped off by employees pocketing cash bills and saying the customer didnt pay but what about the minimum wage wait staff? I am very angry about this, as it cost me $60 yesterday, and being christmas i need every dollar i can scrape together.
| Reply from: |
zumpie |
| Date: |
12/7/2004 8:28:00 PM |
| Reply: |
In every state I have ever worked in this is completely illegal. Your boss may discipline or terminate you, but they cannot collect money for such reaons. If you complaint to your local labor department, you may even be able to get back some of what he took from you. |
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| Reply from: |
bonita |
| Date: |
12/8/2004 8:29:00 AM |
| Reply: |
If anybody can point out anything online that would help it would be appreciated. I dont necessarily want to go to the labour board yet, possibly if i show him the error of his ways he will stop this practice. I need the job so leaving is not an option, but if i do leave i will take this up with the labor board as i keep all the receipts (so as to make the customer pay if i ever see their face again).
I know of some resaurants that keep a kitty, where a dollar is put into a pot every shift to cover possible walkouts. This sounds like a bandaid to the bigger problem but still better then me paying $60 in one lump sum. |
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| Reply from: |
mindym22 |
| Date: |
12/8/2004 1:08:00 PM |
| Reply: |
I used to be a waitress, and one night a customer walked out without paying an the supervisor came up to me a said I had to pay it. I said no I don't that is against the law. She laughed and walked away....and I was never sure if she was kidding or if she really expected me to pay it, but yes it is illegal. |
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| Reply from: |
40+author |
| Date: |
12/22/2004 8:13:00 AM |
| Reply: |
I agree this is illegal. There is no way he can take your money. I could never understand why so many employers take advantage of their employees over small things like this. He is probably having a wonderful Christmas at the cost of someone else. |
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| Reply from: |
screwedover |
| Date: |
12/23/2004 12:01:00 AM |
| Reply: |
BY THE WAY LABOR BOARD IS THE ONLY WAY TO HELP YOU UNLESS YOU BUCK UP TO HIM AND IT NEEDS TO BE DONE SOON!
SIGNED,
AGAIN,
SCREWED OVER |
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| Reply from: |
colo labor guy |
| Date: |
1/4/2005 6:58:00 PM |
| Reply: |
The previous posts are correct. It is illegal. Walk-offs are a cost of doing business and must be paid by the business.
You have 3 choices. Explain the law to your employer and give him a copy of your state law which you should be able to find on your states WEB Site. Recover your money in Small Claims Court or email/call your local Labor Board or Labor Department.
If you happen to live in Colorado, that call would go to me. We can deal with the problem in two ways. We can give you the statute you need and you can speak to your boss. We can call your boss and let him know what the law in Colorado requires of him. We can do this anonymously as well. If your boss still refuses, we can collect his payroll records and require him to pay all illegal deductions going back two years.
We deal with a lot employers who do not know the law and they pay what is owed as soon as they find out their practices are illegal. We occasionally have to go further and take an employer to court, but most of the time the settlement comes very quickly.
If you do live in Colorado, you can e-mail me at michael.mcardle@state.co.us. We have a general mail box for questions: labor.stand@state.co.us or you can call (303) 318-8441 (toll free is 1-888-390-7936). If you live in another state and cannot find the local WEB Site, e-mail us and we can send it to you.
If you do call, Bonita, please ask the Compliance Officer that answers the phone to transfer your call to Michael McArdle, Director of Labor. |
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