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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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Is it legal for employment in a restaurant to be asked to give

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Is it legal for employment in a restaurant to be asked to give soc sec card drivers license and birth certificate to be a waitress? I was fired because I did not give my birth certificate to a Chinese man that spoke broken English. I gave m student ID drivers license and soc sec card. They also wanted a pass port! Now they refuse to pay me for they days I did work. I had to pay for my own uniform, they make the waitress pay for 3% credit card charge, also if tip left on charge card they take and additional 6% of total sales, sometimes the waitress owes owner money on a 10% tip. The owner does not take the cash tips. Also the waitress has to pay owner 3$ if 10 min late for work and 10$ if u call in. Can this really b legal

My name is XXXXX XXXXX I will be assisting you with your legal question.

All of the actions by this restaurant are illegal under federal law and Florida law. It is considered illegal discrimination to require a birth certificate as a condition of employment. It is illegal to make a waitress pay credit card under the payday laws and is illegal to take part of the tips for the restaurant if this is not part of a legitimate tip share program. Further, it is illegal to require an employee to pay a penalty for showing up to work late or calling in.

Unfortunately, Florida does not have a state employment law enforcement agency to which you could go to file a claim. Unless the employer has more than 50 employees, you will be unable to go to the EEOC to file a complaint. As it is likely that the employer is smaller than 50 people, you will need to file a suit for the multiple legal violations.

I suggest that you contact a local employment law attorney to handle this case for you. You definitely do have a case.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
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