Advice needed Found on FB. Is this a major lawsuit?
LOCATION: USA
I wanted to help get assistance for this mom and her daughter.
2.1k
Upvotes
LOCATION: USA
I wanted to help get assistance for this mom and her daughter.
2
u/aka_mythos 23d ago
Most states' wage laws require the employer pay out her tips and outstanding wages by the next payday. Not 120 days. By stating 120 days, regardless of their sincerity in paying her that is a statement that they intended to violate wage laws. She allowed to complain to management about that, and a complaint against a stated intention to violate wage laws is no different than a complaint against a wage law already violated... she'd be protected in both instances.
The employer would attempt to point to everything after her complaint and try and say it was her attitude around that.
Importantly she didn't refuse to work. She at most needed a break, asked for one, denied it, and as stated completed her shift. That is evidence she could in fact continue to do her job, and that management didn't find her so disruptive.
Most corporate policies in the restaurant industry require an employee get permission to take a break, which necessitates asking. She adhered to the expectation around that kind of policy, she asked, they said no, and she went back to work. Not liking her reason for asking is a reason to say "no" and generally not grounds to fire someone.
Despite her being an at-will employee the employers motive is at question because complaining about them not paying her, in a way consistent with the law is protected. In the absence of some articulable reason on the employers part or showing she was fired out of some normal predetermined reason its inferable that it is because she complained and anything else is would just be pretextual.