Boss takes server's tips for himself under claims he hasn't 'earned them', servers builds a case to report boss: 'He won't get away with this'

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    9185978 A eople JE 51817533 A ELARS 7539A "He will pay every last penny" 302468603 201 E51817539 A 12 TEN DOLL 105 D 4299788 D THE UNITED STATES OF AMERICA 7537 A JE SEB17531 20
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    My boss just told me he will not be tipping me out for my full shift. Help..
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    My boss told me I won't be getting tipped for the full amount of hours I worked today despite being clocked in under a tipped position for my ENTIRE shift and doing that positions duties the entire time.
    via u/C***edInTheSoupAgain
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    This is not the first time he's not tipped me out for one reason or another, and I've had enough. I need to go to HR and I'm terrified of the outcome. I don't fear being fired, but I do fear them retaliating against a
    via u/C***edInTheSoupAgain
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    family member of mine who works at the same location. Several people have already gone to corporate about this manager and I'm scared of what will happen to my family if anything comes of this. And yes, I'm looking for a new job.
    via u/C***edInTheSoupAgain
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    Edit: thankyou everyone for the advice, I wasn't expecting so many people offering their input so here's an update. I sat down and talked to him more before I left about it and he gave me two different excuses for why hes doing it.
    via u/C***edInTheSoupAgain
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    The first was that he saw me eating my breakfast after clocking in. At my store we get an employee meal on the clock for 15 minutes (at any time and no matter how long the shift is, I know in a lot of corporate settings
    via u/C***edInTheSoupAgain
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    the standard is only for 8 hour shifts and has to be at least 4 hours in but that is not the case here) and I took mine 15 minutes after I got in since it was the only slow part of the day. He came out of his office
    via u/C***edInTheSoupAgain
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    and saw me at 8:30 finishing up and for whatever reason he just assumed I'd been on break for 30 minutes. I was on break for 12 minutes with an alarm clock log to show for it.
    via u/C***edInTheSoupAgain
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    After asking why he thought this about me, he didn't actually answer. Instead he claimed that my coworkers complained that throughout my shift I went to the bathroom a couple times even after I took my 15 minute
    via u/C***edInTheSoupAgain
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    break. He said for a portion of my day he changed the time sheet to show me clocking in as one position, not tipped out, then clocking in later as a server. I'm not sure why he blindly bought into this either
    via u/C***edInTheSoupAgain
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    since I had talked to him beforehand about needing to go to the office or bathroom to take medication on the clock today and got his approval.
    via u/C***edInTheSoupAgain
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    He told me he did the math and the amount I'll be paid for the untipped part will balance out for how much I would have been tipped out. He didn't account for the cash tips though, so while on paper it
    via u/C***edInTheSoupAgain
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    shows me getting paid "more" than I would have (no doubt in my mind a manipulation tactic to try to pacify me), i actually get to take home less because the cash tips I missed out on exceed how much I got for the
    via u/C***edInTheSoupAgain
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    untipped portion. He also, unprompted, gave me instructions on how to apply for a job at a different location. I snuck into the office at the end of the day to check how much I
    via u/C***edInTheSoupAgain
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    would have made vs how much I was adjusted for and took pictures. Im taking home about 25$ less than I worked for, while all my coworkers (shared tips) walked away with 5$ more each. I applied for a few places
    via u/C***edInTheSoupAgain
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    today and I'm documenting everything. The company's president is local and a regular at our store. I'm waiting for my opportunity.
    via u/C***edInTheSoupAgain
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    PhilosopherSad123 · 2 days ago go to your state labor.... make your boss be an example for the future.... hopefully he said that in a text or written. also record each conversation in the future with your boss
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    Baked Brie26 21 hr. ago You can "record" without a device if you do not live in a two-party state. What you do is, as much of the conversation via email.
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    RandomStaticThought 2 days ago I'm sure the labor board would love to hear how they are stealing from their employees and then I'm sure not claiming said stolen income. Don't bother with HR get the long dof the law involved.
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    WearDifficult9776 2 days ago Report them to your local labor authority
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    Tight-Target1314 . 2 days ago All it takes for evil to triumph is for good men to do nothing.
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    junkyard-monkey · 2 days ago Think of it like this, you're doing it to save the next person.
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    SubstantialPressure3 · 2 days ago Tip theft is wage theft. And I'll bet he isn't paying taxes on those stolen tips, so it's also tax fraud. Look up your state attorney general's website for tip theft and wage theft.
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    Get some screen shots of the exact statute you need and send it to him. Or send it to HIS boss.
    via u/SubstantialPressure3

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