Obligatory apology for format, I’m on a mobile device.
Also obligatory statement that I am currently employed there, so I won’t drop the name just yet. Will post an update, including the company’s name once I leave. I agree that we should not omit names, and I fully intend to let it be known.
So here it is:
I am working an entry-level FOH job at a fine dining restaurant. Something really funny is going on there with the tips – I’ve recently posted about it in r/legal. They weren’t much help, though.
Long story short, the servers are stealing tips from the rest of the house. Everyone knows it, but they are afraid to speak up. Anytime someone goes to the owners about it, they are quickly all but removed from the schedule. They will then hire a replacement, and give them all of your hours.
This is what happened to me. I realized that the servers were stealing about 90% of my tips, so I spoke with the owners about it. They claimed not to know anything about it, or how tips are distributed, even though they make the tipping rules, and do all of the bookkeeping.
Now, a week later, they are trying to edge me out. They are giving me about 10 hours per week, and even have the audacity to make me train what is clearly my own replacement. According to those who have seen this all before, the owners are hoping I will quit so they will not have to pay for my unemployment. According to the people who have been there longer, this is how they do things: Force you to quit so they don’t have to pay for your unemployment if you have any questions about your tips.
After some brief research on the Internet, I have determined that I am supposed to report this to the Department of Labor. Unfortunately, this would be a waste of time, my employers have been very careful to ensure that no one can collect any evidence.
No one is allowed to see how the tips are divided, and this is what happens when you ask questions. I suspect that the owners not only know what the servers are doing, but are also involved somehow. Further research shows that they are probably stealing tips from the front end, to supplement wages for the back end. Apparently this bullshit happens all the time. I’ve never worked in a restaurant before, so I wouldn’t know…
So, how exactly does it work? How can I fight it? I was thinking I’d call in for the rest of my shifts while I look for a new job, forcing them to fire me. But if I do that, would I lose my right to unemployment? In the last 9 months they have stolen thousands of dollars in tips from me while forcing me to do the work of 3 employees.. The least they can do is pay for my unemployment while I find another job.
I am in Washington state, if that makes any difference. Thanks for reading.