Legal Question in Employment Law in Ohio

being forced to sign a document that i dont think is legal

At my place of employment i have been presentd with a document to sign stateing that i will pay for any mistakes made on tickets / broken dishes /food a customer wasnt happy with /advancments/fund raisers/or avon lol thats a good one.and at the botem it states this is a legal binding contract. and failer to comply or sign will result in termenation.2nd of all it was hand written then coppied.on a couple of instances on some of the wait staffs check stubs they were charged for mistakes. it was taken out in gift certficates is what the deduction was stateing.we have lost a lot of good coworkers be cause of it. some things such as writeing a ticket wrong/ under chargeing / or even over chargeing. that means they get paid 3 times for that ticket. and what they tell the employe is if you dont like it you dont have to work here, well needles to say that coworker is no longer with us. everybody was charged one time for a little floor scruber that had broke down.everyone was charged to replace it.one time in the back of the house a roast was cooked at one time and put away un noticed for a time so evreyone in the back of the house was charged for it. yes that does include my self.i guess in conclusion am i being violated of any rights


Asked on 4/08/06, 12:14 am

1 Answer from Attorneys
Eileen Joyce Baughman & Joyce LLC

Re: being forced to sign a document that i dont think is legal

It certainly sounds like your employer has repeatedly violated the Fair Labor Standards Act (�FLSA�), particularly if the deductions result in the payment of less than minimum wage (or $2.13/hour for tipped employees). If you wish to actually do something about it, you can, without an attorney, file a complaint with the Wage and Hour Division of the U.S. Department of Labor (�DOL�). Based on your zip code, your local DOL office is likely as follows: 200 North High Street, Room 646, Columbus, Ohio 43215; (Ph: 866.487.9243).

The filing of a complaint with the DOL is a very simple process. Contact the DOL and they will advise you what to do next. Likely, the DOL will send you a short form to complete and return. The DOL will then investigate the claim. Alternatively, the FLSA can be enforced through a lawsuit to recover back wages and, for willful violations, liquidated damages. If successful in a lawsuit, the FLSA also provides for the employer�s payment of your attorney�s fees.

If you file a complaint with the DOL, it would be to your advantage to get as many co-workers you can (whose FLSA rights have also been violated) to join you. The more widespread the violations, the more vigorously the DOL will pursue its investigation.

If you fear retaliation from your employer for filing a claim, note that the FLSA also has an anti-retaliation component under which employers are prohibited from retaliating against employees for reporting FLSA violations.

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Answered on 4/08/06, 7:55 am


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