az fired after son hospitalization

[jbaca85257]

I was fired after my son was hospitalized for 4 days, I worked for this company for almost 2 years. My income is mainly generated through tips, SO i just found out i wouldnt qualify for unemployment. Also she fired me over the phone. Are there any laws against this kind of thing?

[Pattymd]

I am assuming your son is your dependent.

Does this employer have at least 50 employees at your job location, or within 75 miles of your job location?
Have you worked at least 1,250 in the past year?
Have you missed any other time due to sickness or injury in the past year?

I'm checking to see if your employer might have had to qualify this absence under the FMLA.

The fact that you receive tips does not disqualify you from unemployment. Have you filed and been denied?

There is no law that requires notice of termination in writing. It can be over the phone, by billboard, by media announcement, whatever.

[jbaca85257]

The location in inself has 50 people i worked at a golf course, in which the cafe there is independently owned. an LLC. There are only 15 employees or so. I did apply for unemployment and was denied. our manager always claimed tips for us and she never put down more then $10 a day. everyone makes way more then that, but it seems to be to managments advantage.

[Pattymd]

Unfortunately, with the cafe being a separate employer with only 15 employees, you are not eligible to have your job protected under the FMLA.

By the way, it is the responsibility of tipped employees to report their actual tips. It is not the job of the employer to record a fixed amount for you.

Did you receive minimum wage? Or a sub-minimum wage? If the latter, and your tips don't bring you up to at least minimum wage for all hours worked in the week, the employer has to make up the difference. It doesn't sound like you were reporting your tips, or they weren't reporting what you reported to them, and/or you were not getting your full pay as required by law.

Were you denied UI because they said you didn't make enough wages in the benefit period?

[jbaca85257]

yes i was denied due to wages we were never given the option to claim tips. management always clamied 10 every week reguardless for everyone

[Pattymd]

They didn't have to "give you the option". It was your responsibility, legally, to claim them, and their responsibility, legally, to report them as wages. I would appeal the UI decision, however. Can't hurt to try; although they might fault you for not reporting them, they can also hold the employer liable for not providing a method for you do to so.

Plus, of course, the IRS would be glad (sarcastic) to hear this, because it means the employer is understating your taxable income on your W-2 AND is saving money by not paying employer taxes on the amount not reported. You do know that you have to claim your tips as income on your 1040 even though they are not included in your W-2, right? Although, I think you may have a case to reduce your cash tips received by the $10 per period they allocated on your behalf.

And you didn't answer the question about your hourly rate. What, in fact, was it?