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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I own a restaurant in Florida, my chef walked out at noon for

Customer Question

I own a restaurant in Florida, my chef walked out at noon for the second time within the past 6 months. Due to his latest action, I had to shut down the restaurant for the day, resulting on 1,800 lost sales for the day, based on past records.
I owe to the chef 2 days work 400 dollars.
Can I retain the pay, then suit him in small claim court for damages ?
Thank you Kindly,
Submitted: 2 years ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question, Al. Please permit me to assist you with your concerns.
Al, I am sorry that this happened to you. As far as keeping his funds, that you cannot do as that would be illegal under state law. An employee has to consent to wage retention, and you cannot keep the funds away form him.
As far as filing suit, I do see one potential option to consider. You can file suit for 'tortious interference with a business interest' and claim that his actions knowingly harmed your business based on the lost earnings and profits. This is a tough claim to make, but it might be possible, although for something this circumstantial I would suggest retaining counsel.
Dimitry, Esq.
Customer: replied 2 years ago.
Thank you
Expert:  Dimitry K., Esq. replied 2 years ago.
You are most welcome, glad to help. Please let me know if I can assist you in any other way. Otherwise, kindly do not forget to positively rate, thank you!
Dimitry, Esq.

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