Legal Question in Employment Law in California

tips & wages

Is an illigal worker entitled to sue for none-paid minimum wage and owner taking have of the tips?

And how can my friend prove her case when it's all paid under the table... nothing in writing?

Will she still face possible deportation? Or what are possible consequences for her? And how far back can she sue for those unpaid tips and wages?

Please help, she's really scared and needs to know if she still needs to work there to file a lawsuit or can she leave and then work on her case?

Thank you very much for any support here.


Asked on 9/26/08, 5:42 am

1 Answer from Attorneys
Yass McNeil

Re: tips & wages

An illegal worker is entitled to sue for unpaid wages, and tip sharing. The employer responsible for documenting pay, so they have to prove that they paid her properly. She does not have to continue to work to file her claim. If she would like to discuss her rights further, feel free to contact me.

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Answered on 9/26/08, 8:47 pm


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