Legal Question in Employment Law in California
i work in a restaurant for free with only tips and the owner is treating me very bad like a slave and i cant work any more.is it possible to quit and sue him for working with out pay?
4 Answers from Attorneys
You don't have to quit to do so, but you can if you want. You need to file a lawsuit based upon a claim with the Labor Commissioner. You were supposed to be paid a minimum wage plus tips. You are entitled to your unpaid wages, OT if any, interest, penalties, and attorney fees if you win at trial. Those penalties add up quickly to substantial money owed you. Please feel free to contact me for the legal help you'll need.
Your employer must pay at least $8.00 per hour. If you have not been receiving at least minimum wage, you can sue for the wages you have been deprived, plus waiting time penalties, plus attorneys' fees, plus overtime, if applicable. Gather your time records (make sure you keep them and all other pertinent records at home), calculate how much you were paid and how many hours you worked per day and call an employment law attorney. Many attorneys take cases like yours with no cost to you.