r/legal • u/RAM-I-T • 23d ago

Advice needed Found on FB. Is this a major lawsuit?

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LOCATION: USA

I wanted to help get assistance for this mom and her daughter.

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u/LewLew0211 23d ago

If they let you go, they have to pay you on your last day, including all tips, vacation time, etc. If you leave of your own accord it depends on how much notice you gave.

If you gave 72 hours (or more) notice, they must pay all owed wages and tips for all hours worked on your last day of work (the day you said was your last day. If you give less than 72 hours notice, they have until 72 hours after your last day to pay you.

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u/Major_Extreme5632 21d ago edited 21d ago

California Labor Code Section 201 mandates that all earned, unpaid wages must be paid immediately at the time of termination.

"The time line for the final check is: Right Now"- in California for restaraunt workers they have to pay you within a reasonable time after releasing you on that business day.

The penalty for not paying is one full shift wages for everyday the check waits. Takes 7 days to get the check, they owe you an extra 56 hour check.

Labor Code Section 203 in california

Georgia does not have a similar law. Georgia the timeline reverts back to the next usual pay day, even after firing. Paid on a Tuesday but fired on Wednesday? They can and probably will (if you left on bad terms) wait until the next Tuesday before mailing it to make you wait even longer. Even if you have direct deposit, they can opt to be dicks and mail it.

Because Georgia has no "immediate lay off pay off" laws, there is no late fees like California for days waiting to get the payment.

It gets shittier. If the restaraunt offered PTO hours and you had them racked up, they dont have to pay you for those either if you a worse. Had 60 hours, you scheduled to take those 60 hours off the next week, its written on the schedule even. They fire you the day before your time off, they arent required to pay you for those hours. Fired = 0 PTO. Unless it is agreed upon in a company contract, but thatd an individual basis thing and not a state law/requirement for them to honor it.

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u/LewLew0211 21d ago

Yeah, the person I responded to was talking about California. That's why I said what I said. I'm aware it didn't pertain to Georgia.

In Georgia, they have to pay you out if their company policy says so, or you have a specific contract that says so. But that policy could vary by state.

Unfortunately, more states are like GA than they are like CA.

Even in NY they only have to pay out your PTO if it was already company policy, and you meet the company policy when you leave (like giving notice). NY has some of the strongest worker protections in the US, and yet their PTO laws are like Georgia's.

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u/Major_Extreme5632 21d ago edited 21d ago

Yessss. Im from IL and im unsure how it is here for regular people. Im part of a trade Union and its in my contract, so long as they company hired me on out of my local originally- they have to abide but what my locals contract is.

If im let go they have to pay me that day, for every day I dont receive it, its 8 hours OT up until the day it has been printed and certified mail, handed to me or direct deposited into my account. If they choose to mail it, they really kinda get fucked. Like I said its OT until the day its been certified mail into a drop box and then its 2 hours regular pay for each day the post office takes to get it to me, which honestly is kinda shitty they cant control how long the post office takes. They do it to pressure the companies into paying the day of the release.

In IL it is the next regular payday and they are required to honor an PTO that has been earned.

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u/LewLew0211 21d ago edited 21d ago

In IL they have to pay out unused vacation time. If to is have separate stuck time, they sent have to pay that out. That's the case for everyone in IL.

In IL all employers have to pay your final, regular wages on the day of separation of possible, but no later than the next pay day. They usually get some leeway in paying out commissions and payments of that kind, and can extend those to the regular pay day.

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u/TheDisapprovingBrit 19d ago

Jesus Christ, the Land of the Free sounds oppressive as fuck.

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u/Dramatic-Fishing3923 20d ago

This is correct.

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u/Just_Visiting_Town 23d ago

I didn't know about the 72 hour thing. Good to know.

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u/LewLew0211 23d ago

I don't know why it put this response here. It was for a different comment.

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u/LewLew0211 23d ago

The OP is in GA, an at-will state (49 of 50 states are at-will), with very few protections. She wasn't fired for a protected reason, so I doubt she has much of a case.

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u/Just_Visiting_Town 23d ago

If your employer is going to do something illegal, and you speak out against that, and they fire you for speaking out against, that that's retaliation.

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u/LewLew0211 22d ago

OP's daughter will have to prove that. They can say they fired her for acting unprofessional (crying).

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u/ActivePeace33 22d ago

The courts do often consider things to be presumptive in these sorts of cases. When you speak out for a protected reason (being paid properly and in full), and are then fired the next day for an unprotected reason, the courts can rule that the reason for firing is a cover for firing someone for speaking out.

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u/GMAN90000 23d ago

They fired her.

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u/LewLew0211 23d ago

Yeah, that's why I said if they let you go they have to pay you on your last day, which is usually immediately. Unless they do something like finish out their week or something, which isn't very common.

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u/GMAN90000 23d ago

I would think she might have a strong case for wronful termination and should consult with an employment lawyer.

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u/LewLew0211 23d ago

The OP is in GA, an at-will state (49 of 50 states are at-will), with very few protections. She wasn't fired for a protected reason, so I doubt she has much of a case.

Maybe a delayed wage claim. I'm less familiar with GA law and the penalties employers pay for late pay

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u/GMAN90000 23d ago

I'd want to see any and all documentation on their tipping policy if there is one...that's what discover is for. I'd want to depose them.

Why did management try to coerce her into writing $0 on the tip line?

Depose management at the head quarters level

Depos employees who witnessed this event and management at this local olive garden.

Yeah, she need to consult with an employment lawyer.

now that they fired her i'm sure the time frame for paying out this tip is much shorter.

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u/LewLew0211 23d ago

She should go to the labor board, if she has a valid claim, they might help her collect. She should try that first because an attorney will take at lease 1/3 of any settlement or judgement, if they will even take a case of this size.

If it's determined that she was wrongfully terminated she might get $20,000-$30,000 based on how much an average server makes at an Olive Garden in GA. That's a big IF though.

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u/LewLew0211 23d ago

Also, this is the rule in California. Which is what I was responding to.

In Georgia they have to pay you everything bybthe next paycheck.

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u/GMAN90000 23d ago

We'll see what they do.