What can I do if my employer refused to give me my tips and pay after he fired me?

UPDATED: Oct 1, 2022

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What can I do if my employer refused to give me my tips and pay after he fired me?

He fired me for a reasonable reason. I attempted to make an alcoholic beverage for myself which I was about to pay for. He believes that I have been stealing from him and over measuring the way I make my drinks. Which is true only in one case. I went in to work at 7:00 and he fired me around 12:30 am and refused to give me my tips that I had earned for that time I was at work. Also I have yet to get paid for my 2 weeks. He’s supposably takin me to court after hiring a specialist to count how many ounces of liquor I

Asked on October 8, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue him for the pay you earned but did not receive: that is, for all unpaid wages up to the moment he fired you, and your share of any/all tips up to when you were terminated, to the extent you did not previously receive the tips (i.e. for unpaid tips). The law is very clear: employees must be paid for all the work they did, even if they were later terminated or fired. If the amount involved is less than or equal to the limit for small claims court, suing in small claims, as your own attorney or "pro se," is a fast and cost-effective option.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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