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    bad2bon39's Avatar
    bad2bon39 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 18, 2009, 03:52 PM
    Fired, with holding pay, not reporting taxes
    Background of situation:
    Working at a locally owned restaurant, they noticed they were not making profit and decided to investigate. They discovered that servers were pocketing money and deleting tables. They have worked out 'deals" with servers to pay back.

    I was not involved in the stealing, I have never stole a dime from this place, I was there to make money just like they are. I only worked weekends. I took off two weekends for vacation, upon return I was told by the head server that the manager told her to fire me. I called the manager and she denied this but said I had to talk to the owners of the restaurant about a customer complaint they received. I talked to them, I am fired because the cust said they got bad service. I have never had a write up or warning at this place, shouldn't that have happened before being fired?

    Well now I am struggling with this place to get my last 3 paychecks... they will not give them to me after several requests by me.

    I am also concerned about how they paid us the previous months and I questioned them about this at the time it happened, they were paying us in cash only, no checkstub, no record of taxes. How can I find out of they have reported any taxes on wages or tips?
    Wildsporty's Avatar
    Wildsporty Posts: 445, Reputation: 38
    Full Member
     
    #2

    Jun 30, 2009, 07:39 AM

    I don't know which state you are in , but you need to contact your local Department of Labor. If you need the contact information let me know in which state you work and I can find it for you.

    You will need to file a claim for unpaid wages and they will also be able to tell you if payroll taxes were paid.

    Shirley
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
     
    #3

    Jul 2, 2009, 12:32 PM

    Sounds like an under the table job where they were not reporting pays.
    Wildsporty's Avatar
    Wildsporty Posts: 445, Reputation: 38
    Full Member
     
    #4

    Jul 7, 2009, 06:13 AM

    I agree they were trying to pay under the table, but the Department of Labor if reported to them will make them go back and pay all the taxes due.

    Shirley
    dontknownuthin's Avatar
    dontknownuthin Posts: 2,910, Reputation: 751
    Ultra Member
     
    #5

    Aug 4, 2009, 08:10 PM

    I believe that you can likely file a claim for unpaid wages with the Department of Labor. Chances are that the termination was legal - most states are at-will these days and they can fire you for any reason, or no reason at all.

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