Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 4 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 hours by:
12/6/2017
Employment Lawyer: Marsha411JD, Lawyer replied 4 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,765
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?

Ask Your Own Employment Law Question
Customer reply replied 4 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 4 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.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,765
20,765 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

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

20,765 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 have an employment law question. At will, salaried. Can a
Can a non compete, non disclosure contract for employment be voided if the person was on psychiatric medication for 2 months before signing it?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,170 satisfied customers
I have filed a complaint with the labor commission for
I have filed a complaint with the labor commission for discrimination, harassment and sexual harassment. I am having a panic attack because I am supposed to go to work tomorrow. I can't do it. I need … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
119 satisfied customers
Looking for employment law guidance - regarding an employee
Hi. Looking for employment law guidance - regarding an employee that has gone on disability but we believe is falcifying her condition. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question about employment law in regards to a
I have a question about employment law in regards ***** ***** employer who has not paid me final commmisions … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
It's a labor question employment law. I'm seeking a lawyer.
well I was denied unemployment - the employer said I was insubordinate. I am trying to create an appeal and I was hoping the attorney would look at what I wrote.… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
If we are interviewing an applicant for a field laborer
If we are interviewing an applicant for a field laborer position, are we allowed to ask them if they have ever experienced a previous work injury, and if so, inquire about the circumstances surroundin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Could you tell me what the wage and labor laws regarding an
Hi, could you tell me what the wage and labor laws regarding an individual possession two W2 positions? the 2 companies have zero conflicts with the other in terms of competition. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Looking for a labor law attorney in Delaware. At will. We
Our Company runs group homes for the Intellectually and developmental disabled in DE … read more
Edward Young
Edward Young
Juris Doctor
342 satisfied customers
Employment law Constructive dismissal as retaliation for
Employment law Constructive dismissal as retaliation for sexual harassment and FMLA limitations… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,871 satisfied customers
This question is regarding California Employment Law. I
This question is regarding California Employment Law. I would appreciate a quick response as I would like to make this change, starting tomorrow:I have a part time employee working 25 hours per week. … read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
The labor commmisioner had awarded me $90,047.00 but my
The labor commmisioner had awarded me $90,047.00 but my employer is threatening to file bankruptcy if I don't accept $30000 offer. Should I settle for $30000? … read more
socrateaser
socrateaser
1,031 satisfied customers
Is it required by Wyoming law to pay an hourly wage earner a
Is it required by Wyoming law to pay an hourly wage earner a higher wage if she substitutes for her supervisor when the supervisor is absent from work? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,780 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
4,188 satisfied customers
Can a company reduce your hourly wage if it was sold to
can a company reduce your hourly wage if it was sold to another company by law … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,780 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
3,826 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
17,780 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
1,354 satisfied customers
In CA, my dad/his wife (my stepmom) paid out an hourly wage
In CA, my dad/his wife (my stepmom) paid out an hourly wage to a home health care worker from 1/1/16 - 12/29/16 at their joint checking account to care exclusively for my stepmom. My dad died on 7/10/… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,170 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