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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18811
Experience:  Employment/Labor Law Litigation
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I am a hotel restaurant manager/maitre d', who calculates

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I am a hotel restaurant manager/maitre d', who calculates tips from a tip pool and enters the amounts on a spreadsheet sent to the accounting department. After my 10% off the top, the rest is distributed amongst the staff. The staff includes captains, waiters, busers, food runner & wine steward. To the best of my memory 7 years ago, I asked the HR department if I groom a hostess to work the door when I am off, should she be put into the tip pool? They said yes, she must. For the 25 years previous, a captain would work the door and get a normal captain's share. So for 5 years, the hostess when working the door has gotten 10% off the top. She has been included on the spreadsheet that was sent to the Food & Beverage Director & accounting department. Totally transparent. A new GM & HR director have a problem with the hostess getting 10% off the top when she works the door. I should add, she gets her normal hostess pay of $12.50/hour. Should I be concerned about disciplinary action, or even legal charges brought against me personally?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 10 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

As for legal charges, no you should not be concerned about that. There isn't a law that you've broken here and if the GM and HR director have an issue with prior policy, they can just change it. Legally, they have to recourse against you.

Now, as for disciplinary, that will depend on the nature of your employment. Is this a union position? Do you have an employment contract stating that you can only be terminated for cause? If you response yes to either of those, then any disciplinary action taken against you could be fought in court, based on lack of "cause." However, if you answer no to both, then your employment is "at will" and you can legally be disciplined or even terminated at any time, with or without cause. In an "at will" situation, if they wished to discipline you, they could do so.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 10 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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