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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?
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Answered in 5 minutes by:
2/11/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,663
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.

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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,663
Experience: Employment/Labor Law Litigation
Verified
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Allen M., Esq.
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Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,663
19,663 Satisfied Customers
Experience: Employment/Labor Law Litigation

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