Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I just got fired from my waitressing job for no reason. the…

hi . I just got...
hi . I just got fired from my waitressing job for no reason. the day before I talked to my boss and told him that splitting tip wasn't fair and tried to find a way. but he said I could leave if I want to. and then he fired me. I was the oldest waitress. I have been worked there more than 3 years. Is there any way to fight with this?
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
2/11/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,636
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.

In employment law, unless you have a contract of employment stating that you can only be terminated for cause, your employment is "at will" and can legally be terminated at any time. The employer doesn't have to give a cause, in an "at will" employment situation.

Now, you mentioned having complained about tip sharing. Because an employer can legally have a tip sharing program, your complaint was not a legally protected complaint under the Fair Labor Standards Act, so your termination couldn't be considered retaliation illegal by statute. If the managers were taking a share, then you could make this about retaliation though, because owners and salaried managers can't share in the tip sharing program. If this was the issue, contact your state's Department of Labor.

You also mentioned being the oldest waitress. It is going to be a difficult argument to make, age discrimination (you must be over 40 for the law to even apply to you), given that the employer can probably truthfully state that they terminated you because you questioned the tip sharing program that they had established. That cuts against the idea that your age was the basis, unless you have some other evidence of them complaining about your age.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,636
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,636
20,636 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:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,636 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 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

4,029 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.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I feel like this is a little bit complicated because Arizona
I feel like this is a little bit complicated because Arizona supposed to be a right-to-work state I was fired for insubordination for asking to go to a family reunion twice then I was told I was being… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,275 satisfied customers
Here is the situation I find myself in: So I just got terminated
Here is the situation I find myself in: So I just got terminated from work this past Friday after being on administrative leave for the past three weeks in which I was to be psychologically evaluated.… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
i work in a restaurant and we ran out of prime rib one night...my
i work in a restaurant and we ran out of prime rib one night...my boss told a waitresses that he was going to fu8cking fire someone in the kitchen if we ran out next week(assuming it is me since i coo… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,636 satisfied customers
I am a waiter. I told my boss this morning 3 times that another
I am a waiter. I told my boss this morning 3 times that another co worker was threating me and that it might go as far as a fight. He then told me to leave him alone and didnt want to hear it. Well at… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,543 satisfied customers
I was fired for mixed reasons at my job recently. I went to
I was fired for mixed reasons at my job recently. I went to get unemployment but I was denied because I was stealing money. They fired me on the day I had to work and waited till I arrived and my boss… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I was fired from my job after almost 10 years of employment,
I was fired from my job after almost 10 years of employment, I was the manager and got a phone call from my cashier that he got hurt and their was another cashier there that he got ahold of I couldn't… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
Hello, my name is XXXXX XXXXX I work as a waitress in a very
Hello, my name is XXXXX XXXXX I work as a waitress in a very nice Casino in Las Vegas, NV. I've been with the company for 23 years already . I'm an American Citizen but I was born in Mexico and I'm 53… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I have an ongoing situation i am dealing with at work. I work
I have an ongoing situation i am dealing with at work. I work at a deli in a grocery store. my company uses level numbers 1-6, Level si being the highest level, I am a level 4 as an assistant manager … read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
I was terminated because I had an affair with a co-worker.
I was terminated because I had an affair with a co-worker. I am married but he was not. On July 6 my boss told me that this was a personal matter and as far as the business goes I was still employed. … read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I was Discharged from my job as a waitress for 3 years and
I was Discharged from my job as a waitress for 3 years and the boss had no reason to fire me and said that he was going to wish he never fired me but he did so now i am going to court in two weeks and… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I have a similar question as the previous poster. I am now
I have a similar question as the previous poster. I am now into week seven of my unemployment claim. The reason I am unemployed is because I worked for the City of Houston's Emergency Center as a 911 … read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
Im a bartender at a TGI Fridays restaurant in Mass. TGI Fridays
I'm a bartender at a TGI Fridays restaurant in Mass. TGI Fridays employs people called "secret shoppers" and test their waiter/waitress/bartender to make sure they are following protocols like IDing. … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Hi, I have waitressed for a restaurant for 15 years. I have
Hi, I have waitressed for a restaurant for 15 years. I have epilepsy which they have been aware of for about 5 years and I have sent them Doctors letters every 6 months that i am under care and should… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I was fired from a job that i was a cashier, and there was
I was fired from a job that i was a cashier, and there was a small safe between two people and i was fired because the safe was 40 dollars short. And becausse I had been there the longest I was the on… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I feel that I was terminated for a very wrong reason. I was
I feel that I was terminated for a very wrong reason. I was a waitress for almost 2 years and my boss was taking money from me. Sometimes customers would leave tips on their credit card receipts and I… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I overheard my friends therapist talking about her while I
I overheard my friend's therapist talking about her while I was at work (waitress). I told my friend about it. I have now been fired from my job. It's a small town and everyone knows everyone else. Wh… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Im working at a restaurant, but my boss only wants to pay
I'm working at a restaurant, but my boss only wants to pay me bartender's wage. I'm a waitress. Should I be getting minimum wage or bartenders wage? Should I go to the labour board? Should I fight it?… read more
Cedric
Cedric
Attorney at Law
Doctoral Degree
2,088 satisfied customers
after being promised, verbally, that he would have the #2 position
after being promised, verbally, that he would have the #2 position when #2 retired (by store owner) my husband was physically attacked and fired by #2 while store owner watched. later that day they sa… read more
Kate JW
Kate JW
Attorney at Law
JD (Law)
30 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