My employer didn’t pay me :( Help!

[MissPinUp]

Ok, this is so frustrating to me.  I work for a restaraunt as a server.  I go above and beyond what EVERYONE else does.  I work more hours than the manager.  I love my manager, but she has kids and when someone calls  off, I’m the only one who can come in because she needs to get a sitter.  WHATEVER, not the point! The point is, I bend over BACKWARDS for these people.  We do parties, be they birthday or banquet style.  The servers get 13% of the 19% gratuity added to any and all parties.  We get that added to our paycheck, not that day.  Not a big deal.  The pay period for which I got paid Friday, the 14th, should have had $168 in PARTY money, besides my hourly wage.  All I got was the hourly, not my party money.  I noticed around 5, when I picked up my check.  I went back inside and told our sales girl.  She was also irritated, because all she can do is give payroll the information.  So I tell her I want to speak to our payroll woman.  “She won’t be in until Monday”.  Great.

Today I go in and began complaining in confidence to the kitchen manager (we’re fairly good friends).  I never complain.  I never gossip, but don’t eff with my money.  He said they shorted him some money too, and he stayed and bugged them until they gave him cash.  So I tried that.  The sales girl told me she’d love to give me cash, but the amount they owe me is too much to give cash.

I am furious.  They OWE me my money.  I’m at my wits end.  I love my job, I wouldn’t work the ridiculous hours, 6-7 days a week, and put up with crazy crud if I didn’t.  I love the people I work with, but I’ll tell you what, now my electric and cable are late.  I called and explained, and both companies are doing me favors as my bills have NEVER been late, but what if I’d have gotten late fees?  Not only would I get the fees, I’m reasonably certain it may effect my credit.  All this aside, they OWE ME MONEY.  

I have Monday off, the payroll woman is supposed to be in at 10.  I think I’ll go in at 10 and won’t leave until I get my money.  But what if they tell me they’ll put it on my next check?  What if they tell me they’ll get to it later?  What kind of legal recourse do I have?  I’m not afraid I’ll never get it, but I am afraid that the NEXT paycheck, I’ll have the same poo happen!  I shouldn’t have to keep my time slips, I shouldn’t have to pick apart my check to make sure someone does their job.  Any ideas?  I’m so irritated :'(

[LoveChaCha]

Does your state have a Labor and Industry you can phone and talk to them about this?

That would be my first step if that happened. I’m so sorry this happened

[RabbitPam]

I don’t know if this a a national law or was just Massachusetts, but I know that an employer had to pay you from the date of work within 10 days. If you worked on a Friday, you must be paid by a week from the next Monday. So you can figure out when is the last day from the day worked, and request a check for the amount owed to be paid to you no later than that date. If your next paycheck is within that time, then they will do it that way. Otherwise, you can just ask if they will be paying you the balance by that date. If they stiff you, then I think you are busy from now on, every time they need a backup person. You get what you pay for.

[MissPinUp]

I looked up the L&I numbers and I will be contacting them first thing…poo, Monday is a holiday Guess I’ll contact them Tuesday first thing, if things aren’t solved. I’m pretty sure if I even threaten calling, I’ll get the money right then. The thing is, I know I won’t make nearly the amount of money I make here, anywhere else. It’s a “Dave and Busters” type place, we’re the only one in the area, it’s just hard to GET the money :/

[Sarita]

I say give them a chance to get it corrected before you start anything. It’s possible it was just an honest mistake. They may not even know.

[Kokaneeandkahlua]

Google “Your state” + “Labor Laws” -then find your labor board. Call them. They’ll tell you what to do.

In no case should you ignore this and let them not pay you-the reason they do this is because other people have just let it go. You’ll get your money, they owe it to you and it’s illegal for them not to pay you. It’s simple just get in touch with the labor board or similar body for your state. OFten just telling them that’s what you’re doing will result in immediate payment.

[angie-la]

whoa, as a server and part restaurant owner I am seriously considering the legality of all this! I’m in California and I know states all have different laws, and I’m still pretty young so I don’t know all the technical aspects.. but to my understanding your tips should not be given to you by paycheck. tips are what help servers like us get by because it’s extra cash that you get on a more frequent basis, because two weeks worth of a minimum wage paycheck just doesn’t cut it. I understand if your tips are reported on your paycheck stub, for tax purposes. but I’m very surprised that you don’t get your tips the day you work, and on top of that you’re only getting a percentage of your tips. that money is supposed to be for you. where is the other percentage going?

what place is this? is it a chain restaurant or an independent owned business? I can tell you that chain restaurants tend to treat their workers like crap because they’re corporate and simply put, they can. independent business owners value their employees and treat them much better. regardless of all the tipping stuff I was talking about, you have every right to be paid within a reasonable amount of time and you should not have to wait until your next paycheck to receive your money. like others said, look up the labor laws within your state, bring them in, and tell this woman that you can take legal action if they don’t pay you soon. I hope this works out for in your favor!

[Author]

Messages