Question 1

Can my manager take my tips to cover the tab if a customer walks out without paying?

Accepted Answer

No, your manager is not supposed to retain your tips for any reason other than the usual tip pool at your establishment. If the employer is paying a “tipped wage” (below the federal minimum of $7.25/hr), then the tip pool may not include anyone who is not customer-facing. That means no one whose position is in the back of the house should be getting tipped out, including Expos, Silverware Polishers, Kitchen Staff or Food Service Only Bartenders.

Question 2

My boss keeps texting and calling me on my day off. Do I have to respond?

Accepted Answer

The answer to this question may depend on some pretty small details about your employment. If you are a salaried employee then it is likely that your boss has the authority to require your response outside of work hours. If you are paid hourly or are a “non-exempt” salaried employee, then you are also entitled to hourly wages for off-duty time spent discussing work. If you are a contractor, you have the right to bill for all of your time, but you are not entitled to the overtime premium rate under the FLSA.

Question 3

Do I have to sign write-ups from my manager if I disagree with them?

Accepted Answer

Your signature shows that you received the written document and the information it contains. Your signature does not normally mean that you agree with the facts described. Ultimately the employer can write, “refused to sign” and place the document into your personnel file just as if you had signed it. In most cases, it will not affect your right to pursue legal claims against your employer.

Question 4

My boss is playing favorites and only promotes their friends. What are my rights?

Accepted Answer

Generally there are no legal protections for lousy bosses, but if that preferential treatment means that any protected group is systematically excluded from things like raises, promotions, or access to preferred work then there may be a case of discrimination. Keep records of everything (without violating your company’s own policies regarding emails or other communication means) and contact an attorney to have the situation reviewed.

Question 5

If I filed a complaint against my manager and then they put me on a PIP, is that retaliation?

Accepted Answer

It depends on the details of your complaint. Generally, a complaint is not protected against retaliation unless the complaint cites illegal discrimination or unlawful retaliation as the cause of the problem. So if you just complain that you are being “micromanaged,” or that your boss is “creating a hostile environment,” then you may not be protected against retaliation for the complaint. Protected complaints may include allegations of discrimination and complaints of retaliation for asking about or discussing your wages, or for attempting to unionize, or for making a whistleblower complaint to a government agency. Be sure to keep copies of any complaints you file. Your employer also has the right to put employees on improvement plans to address performance issues. Evaluation of any written complaints and the reasons for the PIP is a key step in determining whether the employer has violated your rights.

Question 6

My boss is harassing me all the time over petty details and I’m thinking about quitting. Can I still sue for harassment if I quit?

Accepted Answer

Leaving a job voluntarily is a big decision. Even if you do have legal claims against the employer, the pursuit of money damages for those claims could potentially take three years or more. And unless your claims are very strong, it will be an uphill battle to prove that the situation was so bad that it effectively altered the working conditions of the job so dramatically that basically any reasonable person would have chosen to leave. If you are considering a voluntary resignation when you believe you are experiencing discrimination or retaliation for protected activity, you should consider consulting an experienced employment attorney first.

Question 7

I have been diagnosed with some mental conditions that are deteriorating because of the way I am treated at work. Can I ask for a new supervisor as an accommodation under the ADA?

Accepted Answer

You may ask for a different schedule, team, or boss, but the employer is not required to make those changes if they would unreasonably and adversely impact the business. The ADA requires the employer to provide “reasonable accommodations” which allows some flexibility, so they are not necessarily required to reassign you to a different supervisor. They are required to enter into an interactive process with you to determine what reasonable accommodations can be provided.

Question 8

I was terminated with no warning, no disciplinary action or Performance Improvement Plan (PIP). All of my evaluations have been great, and I received my performance bonus every quarter. Can I sue for wrongful termination?

Accepted Answer

More facts would be needed to determine whether the termination was illegal. Generally, there is not a law requiring employers to follow any particular procedure, so they can tell you they love your work and fire you all in the same day. The question is whether the reason given for the termination is the real reason or a “pretext,” which is more of an excuse to fire you. If the reason given is pretext to cover unlawful discrimination or retaliation, or if you are being held to a different standard for actions that do not lead to termination for other employees, then you may have the basis for a legal claim. It is important to have the detailed facts of your situation reviewed by an experienced employment attorney.

Question 9

My boss seems overly interested in my private life and has started asking about my dating life, and it’s making me uncomfortable. Should I report this as sexual harassment?

Accepted Answer

You should keep detailed notes as to the date, time, and content of the remarks, including direct quotes as closely as your memory will allow. You should also note whether anyone else was present or might have overheard the remarks. It might take a little while to see if the boss will drop it or if it develops in an inappropriate direction. Save any written or recorded comments. If the boss asks for a date or suggests that dating could help you at work, then you should file a complaint and provide the evidence that you have. Note that you should NOT say anything encouraging because that could undermine your complaint.

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