Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am a hotel restaurant manager/maitre d', who calculates…

Customer Question
I am a hotel restaurant...
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: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 4 minutes by:
1/30/2016
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,388
Experience: Employment/Labor Law Litigation
Verified

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.

Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years 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.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,388
20,388 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,388 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I signed a three years employment contract with my employer
Hi, I signed a three years employment contract with my employer after they paid for my schoolingto attain a license.Ive done one year already but i want to resign so i could babysit my newborn full ti… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I would like to get clarification on my employer contract.
I would like to get clarification on my employer contract … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,388 satisfied customers
I worked for a public company with an employment contract.
I worked for a public company with an employment contract. The employer stopped paying tax and said I was now a “consultant”. I never changed duty or office space, still had company Amex and privilege… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
758 satisfied customers
I have signed an employment contract, which says i cant work
I have signed an employment contract, which says i cant work for the client introduced by them for 2 years after I terminate the current contract… read more
Ray
Ray
Lawyer
Doctoral Degree
32,639 satisfied customers
This is an employment contract question. When hiring new
When hiring new employees--a would-be employee signs the contract to begin a new position, but backs out before starting. Can a clause in the contract require that would be employee to pay a fee for backing out of the obligation? The purpose of the fee would be to help the employer quickly find a replacement. In other words, Is it legal to put a penalty or "liquidated damages" clause in an employment contract that states that if after signing the contract the would be employee backs out and does not begin employment as they promised--then the contract requires the employee who reneged to pay the would be EMPLOYER a fee or liquidated damages so that the employer can find another employee to replace the one that did not fulfill the contract. Thank you. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,598 satisfied customers
I have an employment contract question with my current
Hi Pearl, I have an employment contract question with my current employer. Can I ask you? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,919 satisfied customers
Tell me your email address to send the employment contract
Second opinion] Please tell me your email address to send the employment contract and offer letter. In my opinion, the promised job title, Project Manager, and the promised 1-year employment were both… read more
Ray
Ray
Lawyer
Doctoral Degree
32,639 satisfied customers
I am in japan, can u introduce an employment contract lawyer
i am in japan, can u introduce an employment contract lawyer who speaks Mandarin to me? I prefer a mandarin speaking lawyer. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I work in Florida on an at-will employment contract.
Hi. I work in Florida on an at-will employment contract … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,388 satisfied customers
How does disciplinary action work when I'm not doing the
How does disciplinary action work when I'm not doing the work that hasn't been in my PD I did without pay then OHR told me that they witnessed for an 11 but was destroyed. And I told them 1 1/2 that I… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I signed a standard probationary employment contract in May
I signed a standard probationary employment contract in May of 2016 for 3 months. I am now, Jan 2017 receiving the permanent extension but am hesitant to sign it. I am wondering if the year-long non-c… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
I am signing an employment contract. The company is
Hi! I am signing an employment contract. The company is incorporated in Delaware, but I live and work in CA. Am I protected by CA state laws? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
If I have an employment contract that takes me to the end of
Second opinion] If I have an employment contract that takes me to the end of the year and I give two weeks notice, which would cover that time and they terminate me immediately..have I met my obligati… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,388 satisfied customers
If I have an employment contract that takes me to the end of
If I have an employment contract that takes me to the end of the year and I give two weeks notice, which would cover that time and they terminate me immediately..have I met my obligation under the con… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,212 satisfied customers
Employer contract. MA. At will. Developments agreement
employer contract JA: Because employment law varies from place to place, can you tell me what state this is in? Customer: MA JA: Is the employment agreement "at will," union, full time or part time? C… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I am an rn for 25 years. With no disciplinary action. I was
I am an rn for 25 years. With no disciplinary action. I was sent for a 7 drug screen because my employer said my speech was slurred and my mouth was dry. I take blood pressure medicine and phentermine… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have been given written disciplinary action for taking
I have been given written disciplinary action for taking sick time off. I am a part time employee in AZ so I do not qualify for FMLA, and I was given no alternatives before I was written up. What are … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,919 satisfied customers
I was written up. Disciplinary action for excessive absences
I was written up. Disciplinary action for excessive absences that were under FMLa that they refused as being so because they said they didn't have proof which hadn't been passed from HR. I told them I… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x