Legal Question in Employment Law in Illinois

Hi, I work as a server in a recently opened Italian restaurant in Illinois. We just realized the manager has misapproriated our tip outs to kitchen staff for the past month. The manager realized this was a mistake and have since stopped. She offered to settle with the servers out of her own pocket, not the restaurant by paying everyone the minimum wage difference of $3.30 per hours worked during the violation. It would probably be a couple hundred each for all the servers, but do you think we should file claim and take to court to collect more? Is it even legal for the manager to take the responsibility and pay on behalf of the restaurant? Please advise on what to do, thanks!


Asked on 5/01/12, 3:50 am

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

Are you entitled to more? If so, tell the manager to what you believe you are entitled. If not, why do you think you could go to court to collect more? It sounds like you have a manager who takes responsibility for her actions. Why would you think that is illegal? It seems to me you should be thanking her, not trying to get her in trouble.

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Answered on 5/02/12, 6:31 am


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