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Former employer in NYC not paying 3 months worth of credit card tips New York

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  • Former employer in NYC not paying 3 months worth of credit card tips New York

    I'm really glad a site like this exists -- I've been trying to figure out next steps and just knowing that this is here eases the burden a bit.

    I quit my bartending job at the end of October, still being owed credit card tips (paid out in a monthly check) from August and September, as well as October. I left because the bar used to be a very warm place to work but in August had been taken over by some individuals as managers who quickly transformed it into a much more toxic environment (doing a lot of coke, constantly accusing the bartenders of stealing, screaming at employees and customers, saying things like "I'm glad all those mother-****ers died in Katrina" to a girl from New Orleans).

    This fellow bartender from New Orleans, incidentally, quit after hearing I left because she didn't want to be there alone in that environment.

    Come mid-November, our credit card checks still had not come in. This employee from New Orleans called one of the managers repeatedly and left messages but hadn't heard back. I stopped in once and asked about the check and was rebuffed with "I don't know where your check is."

    Finally we started calling the owner of the bar, at which point I was confronted on the street by one of the managers, who was obviously none-to-pleased that we had called the owner. The manager said he never heard from me about the checks and so now I would have to talk to the owner about it if I wanted to get paid, which was weird because calling the owner was apparently why he was so mad at me. He also accused me of stealing $1000 from the bar, a story he had apparently told every employee since I left.

    Recently my fellow bartender who left with me was paid her check. The owner actually delivered it in person to her. When I called the owner to see where mine was, he said that the managers didn't want to pay me, justifying it by saying I had been stealing from the bar.

    As this accusation is completely unfounded there is exactly zero evidence. The ironic part is that by not paying me, they are essentially doing the exact thing to me they have been accusing me of having done.

    I'd like to know what my next steps are to getting my three months in credit card tips, which adds up to about $753.

    There is a log at the bar of all the employee's tips for every night in 2008, but there's no way they would let me have access to it on request. I believe that is the only evidence of my tips, unless the credit card processing company, ADP, has that in their records. I also think that if I ever asked for it, they would make it disappear, understanding the consequences of what it would mean to their case.

    Not sure what to do next.

    Any help would be greatly appreciated.

  • #2
    You could file a claim with your state's DOL or sue them for payment in small claims court.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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