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#1 |
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I am currently an Expo in a resteraunt located in Camden, South Carolina. An Expo is the person who runs the food out to tables. My payment comes in an hourly minimum wage salary along with 1% of the total sales of the resteraunt every night I work. I am allowed to collect this "tipshare" the following night of work. If I choose to not immediately collect I can let it add up for a few days. In this particular instance I allowed my tipshare to add up for Friday, Tuesday, Wednesday, and Thursday night. The following Friday I requested my tipshare and was given only the tipshare from Thursday night. When I asked my manager about this he informed me that I received my other tipshares from Wednesday night, but I was too drunk to remember. I was sober. I am 21 living at home and I have parents who can attest to me coming home sober. I never collected my money Wednesday night. This is compared to my manager who drinks at the bar, is belligerent to employees, and makes mistakes all the time in the kitchen. My co-workers can attest to these accusations. Tipshares are handed out to employees and there is no paper or form signed off to signify that an employee has received them. It's more or less my word against his. Is there anything I can do as an individual or with a Lawyer?
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#2 |
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Based on what you say here, you could file suit against him (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to his behavior... You may also report him to your state attorney general's office.
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#3 |
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If I were you I would try to get as many employees together as you can who have had the same thing happen to them. Get them to make written statements and sign them. Then go to small claims court or get a lawyer and sue them. I know in South Carolina if an employer withholds wages from the employee, he has to pay a $100 fine plus up to 3 times the total court costs for the plantiff. I would do what I could to bust his ass and feel good about it too.
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