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Jack R.
Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6147
Experience:  Review contracts for major corporations
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When I first started my job a few months ago, I was taught

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When I first started my job a few months ago, I was taught a certain way to go about dividing tips between employees. The way I was taught, was fair to everyone and everyone got the same hourly amount for what they worked. Recently this new girl told the owner that I was being unfair and giving this girl and I more than we deserved. I was just suspended for three months for "stealing". They even said that it was apparent that I didn't know what I was doing and I was taught the wrong way and yet they still suspended me. I have access to the safe and the registers and have never stolen, which they also agreed to be true. Do I have an legal recourse?
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Unfortunately, you have no legal recourse under the facts given. An employer has the ability to suspend or fire you for any reason except those protected by state and federal discrimination laws. This includes even a bad or incorrect reason. Employment is stated to be "at will" which means that the employer or employee may change their employment situation at any time. Whether or not you were stealing doesn't make any difference. The company has the right to suspend or terminate you for what it believes is incorrectly handling tips. This would be true even if you handled tips perfectly. A mistaken reason is a valid reason for an employment action such as suspension or termination. You are fortunate that this was only a suspension rather than a termination.

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