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Zachary
Zachary, Lawyer
Category: Employment Law
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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
Submitted: 11 months ago.
Category: Employment Law
Expert:  Zachary replied 11 months ago.
Hi,

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,
Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 4021
Experience: Contracts, Wrongful termination and discrimination
Zachary and 3 other Employment Law Specialists are ready to help you

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