Legal Question in Employment Law in Louisiana

I currently work for a pizza delivery chain as a driver. I've become suspicious that my cash claimed was being tampered with. At the end of my shift, I bring my money to the manager who counts me out, then enters the amount of tips I claim. For the last two weeks I've kept track in a note book of how much I am claiming on which date and who checked me out. Although I am a driver, my GM gave me a manager level password to help with day to day transactions. With my own password I was able to pull up reports that show how much tips we've claimed on any given day. When I did this, I noticed that on several occasions, an assistant manager and my GM have gone back into the system after cashing me out and changed how much tips I had claimed. Which means, I am paying taxes on money I have not made. I don't know of any advantage to them for doing this other than pure maliciousness. I plan to confront her about this as soon as I have another job lined up because I am afraid she will fire me. I am not sure what my rights are here or how much my note book will stand up. Can you please tell my if any recourse can be taken.


Asked on 5/29/10, 6:39 am

1 Answer from Attorneys
Willard Brown, Sr.

As I understand your problem, your manager and GM are inflating the amount of tips reported to them in the company's payroll system. These tips are added to your regular wages, which results in higher taxes. Further, the amounts reported confilct with what you have documented in your notebook. Is this all correct? The only recourse I will suggest would be to report your own wages in the company's payroll system. At this point, it would be your word and documents against their word and reported tips. The belief factor hinges on credibility and more often than not, management will prevail under such circumstances, unless you can prove otherwise by independent documentation of their customary practice of fraudulent conduct. It further seems to me that should you bring forth your note book, they will have reason to question your honesty, which will give them a reason to discharge you, especially if the company compensate's you for the lack of tips to earn your weekly or bi-weekly income.

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Answered on 6/04/10, 12:38 pm


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