Hello!
Worked as a bartender in an upscale restaurant north of Toronto. Found out a few weeks ago my employer has been pocketing a percentage of my tips rather than giving it to kitchen staff. No tip policy was in place / documented. This is illegal, I started asking cooks if they've gotten anything over the year I've been there, they all said no, and I got fired.
I did the math and he took between $5500-7000 from my tips. Everything was documented on my end of shift reports which he kept in his office. I went to the MOL and reported him for firing me without notice in lieu, severance, and tip theft.
They got back to me very quickly and let me know I'm not owed severance due to only working there for a year but I am owed notice in lieu and if it's true he's been taking the tips, then also I am owed that amount. I provided text documentation that confirms my claims.
It is currently in the early settlement period. He has not been in contact with the MOL since they reached out to him almost 2 weeks ago. When I went to pick up my final cheque for hours worked today, he came out with his sous chef and some papers. He specifically said “youre not owed severance, but if you sign this release I'll give you $200 as a courtesy to do the right thing”. No mention of notice in lieu or the tips. I said not a chance am I signing anything and he can take it up with the MoL regarding what I'm owed.
I'm assuming signing the release would have cleared him of anything else he owed / further investigation, correct?