Legal Question in Employment Law in Washington
Employer Withholding Gratuity
I am a CNA in an adult family home with 6 residents. One of our long time residents recently passed away, and her two children gifted a gratuity to each of the 4 workers (they are in complete agreement and the son is DPOA and executor). They gave the check to the owner with specific instructions on how it was to be distributed. Our employer is now withholding that money from us with the excuse that it wasn't made clear to him that it was for the employees, and in what amounts. The family who made the gift are absolutely apalled and shocked, as are the employees. Repeated requests for our portion of the gratuity are being met with anger and threats to fire us over this matter. The family is very firm in their insistance on how the money is to be distributed and are keeping records of conversations and the cancelled check. It is hard to go to work and look my employer in the face knowing that he has basically stolen this money from us and the family. Any recourse? Thanks!
2 Answers from Attorneys
Re: Employer Withholding Gratuity
Contact Labor and Industries and talk to someone in their wage and hour division.
Re: Employer Withholding Gratuity
In my reading of the situation, the people who are in a position to press the matter are the family members. Their intent was to make a gift to you and your coworkers, and the employer has converted (legalese for "stolen") the gift. If the employer is claiming that the original intent was unclear, I assume the family has now made the intent so clear that even your employer can understand.
Follow Merry Kogut's suggestion regarding L & I, but it may ultimately be up to the family to force this issue with your employer.
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