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I recently just quit a restaurant job where I wasn't

Customer Question
I recently just quit...

I recently just quit a restaurant job where I wasn't informed how to claim tips on online orders. I had no idea people were tipping me when they paid online instead and just found out recently. Is this legal and fair ?

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

Ohio

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

Part time

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

Is there anyway to know how much money I have missed out on ?

Submitted: 7 months ago.Category: Employment Law
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Answered in 5 hours by:
12/6/2017
Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,924
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for your question, however, I am unclear on what you mean by "wasn't informed how to "claim" tips," can you clarify that for me? How were you entitled to online order tips and what process was in place that made you "claim" them? Did you speak to your employer's HR or top management about the issue and if so, what did they say? How long ago were these tips paid?

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Customer reply replied 7 months ago
I worked take out for a restaurant. People had the option to pay online instead of pay when they picked up the food. I never got any money off of online orders and was never told that I could go in and claim them by managment. Another girl who worked take out brought it up to me after she told me people were tipping me online but the way the restaurant software was setup, I only saw the total for the food. I was pretty upset by this.
Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago

Hello again and thank you for your reply, although I don't see where you say how long ago this nonpayment of your tips was. That is important because if you have wages that you are owed, whether tips or hourly wage, you only have two years under the law to collect them. Assuming that you are within that two years, the first thing you will need to do is to contact your former employer and ask them about it and see what they say. If they deny you are owed any money, then you have two choices.

The first is to file a wage claim for unpaid tips with the State of Ohio Department of Labor. You will need to explain why the amount is unknown to you and give some sort of an estimate. The other option is to hire an attorney and have them file suit for the money you are owed. In either case, either the State or your attorney will have access to all of the records, which will say how much you are owed. However, without going through one of those processes, your employer is not required to show you any sort of records of what you might have been tipped. They have to keep those records and pay you correctly, but don't have to let you see them.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to let me know that I covered your question by replying to this answer, then the Site will give me credit for assisting you today. Thank you.

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