Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I am a waitress at Cracker's Sport's Bar in Farmington, NM.

Customer Question
Last Thursday, a couple walked...
I am a waitress at Cracker's Sport's Bar in Farmington, NM. Last Thursday, a couple walked out on another server and stuck the restaurant with an $80.00 bill. Because we all share a general tip pool, our manager is now telling all the servers who were on duty that night tha we have to pay $16 each to cover the bill. We have also been told that if we do not agree to pay, we can find another job. Is any of this legal?
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 12 minutes by:
3/9/2016
Employment Lawyer: Marsha411JD, Lawyer replied 1 year ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,417
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. No, it would not be lawful for the employer to require that the employees pay for a walk out, especially the employees who were not involved in serving these customers. Under NM law, only "lawful" deductions can be taken from an employees wages (NM Stats 50-4-2) and those deductions must be agreed upon in writing at the time of hiring. So, unless there is a written agreement that says employees will pay for walk outs, the employer cannot charge them for it. This is true, even if the employer is trying to take this from another source other than hourly wages, such as tips.

The employees have a few choices here. One is to not pay and face probable termination and then file suit through an attorney for wrongful termination (which does cost money up front.) The other is to pay it and then file a wage complaint with the State for the violation of the statute I mentioned. That is free to do and the employer cannot lawfully terminate an employee for filing such a claim. If they did, then again the employee would have an even better wrongful termination claim since this would be a wage claim retaliation case, which makes it stronger.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you.

Ask Your Own Employment Law Question
Employment Lawyer: Marsha411JD, Lawyer replied 1 year ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 9th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

Ask Your Own Employment Law Question
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,417
20,417 Satisfied Customers
Experience: Licensed Attorney with 29 yrs. exp in Employment Law

Marsha411JD 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

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

20,417 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 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

3,773 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
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
My pay status was changed from an hourly wage to salaried
My pay status was changed from an hourly wage to salaried over 6 weeks ago. My paper trail with company proves that I have never worked a forty hour week. I am expected to cover any and all shift that… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,030 satisfied customers
I believe I was wrongfully terminated in retaliation for
I believe I was wrongfully terminated in retaliation for raising questions about gender pay inequity and bias treatment towards me as a female, should I go to the EEOC or find my own attorney? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
In a wrongful termination in retaliation complaint, all I
In a wrongful termination in retaliation complaint, all I have to do is show facts that show all elements of wrongful termination, correct? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
If a person is an executive, non-union, not hourly wage
If a person is an executive, non-union, not hourly wage earner, are there labor laws to govern how many hours worked and if that executive has no right to take sick days? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
I am a Certified Flight Instructor making an hourly wage of
I am a Certified Flight Instructor making an hourly wage of $40/hr in Pueblo, Colorado. Is it mandatory for my employe to pay me Overtime for anything over 40/wk? Dave … read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
What is the statue of limitations on wrongful termination or
What is the statue of limitations on wrongful termination or discrimination? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I had a question regarding wrongful termination. I was
I had a question regarding wrongful termination. I was terminated through a text message and was not given a reason. I understand most employees are at will employees I however never signed any docume… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
I need to live chat an lawyer for wrongful termination.
I need to live chat an lawyer for wrongful termination … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is a wrongful termination suit viable due to upper
Is a wrongful termination suit viable due to upper management poor business decision making? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
Is the time limit to file a suit for wrongful termination
is the time limit to file a suit for wrongful termination and or liabel/slander 2years in Virginia? are there any conditions or circumstances that would make the time factor 1year or less? … read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
I have a question about wrongful termination. No. At will,
Hi, my name is ***** ***** I have a question about wrongful termination. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
How do I file a wrongful termination complaint? actually I
actually I was informed by my director of nursing I have not received any termination letter from HR I have been out of work almost 2 months pending an investigation that has been unsubstanciated … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My baby sitter is trying to sue us for wrongful termination
My baby sitter is trying to sue us for wrongful termination because I told I could t keep her anymore and will have to let her go. She said it was retaliation so the labor board agreed with her. What … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
Statute of limitations on wrongful termination in maryland,
statute of limitations on wrongful termination in maryland … read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
My attorney settled a wrongful termination suit during a
Hello, My attorney settled a wrongful termination suit during a private mediation. I never received my signed contract/release. At mediation, the attorney rushed through explaining the settlement and … read more
Marsha411JD
Marsha411JD
Lawyer
20,417 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