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I'm wondering if an employer can withhold your tipsÉ.

I'm wondering if an...

I'm wondering if an employer can withhold your tipsÉ

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Alberta,Canada

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Union, full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Our restaurant manager only gives us our tips once a year. and ive given my two weeks notice and I'm worried that hell say I don't get my tips because I'm leaving before the time he normally would give them out.

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Answered in 15 minutes by:
11/22/2017
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,489
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear of this difficult situation.

Do you mean that he collects and saves all the tips provided to you by your customers and only releases them once per year?

And is there any agreement about having to be employed when the tips are being paid out?

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Customer reply replied 7 months ago
Honestly the way everything is handled is very shady like. we don't know really the details about how things are suppose to be done we just know how hes always done things. other people have quit and he refuses to give them there tips, saying that it isn't there money. then he just keeps it.

That's horrible and frankly ridiculous.

He most assuredly cannot withhold pay that you have already earned.

If he tries to do so your first step should be to complain to the Employment Standards Branch.

If they say they cannot help you then your best next step is to sue the employer in Small Claims Court. You can self-represent and if you find you need some help as you go through the process you can always post on this site again and I can assist you further.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,489
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