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FMLA Leave Denied — employer withholding tips

Started by need_help_student_legal · Jul 27, 2022 · 1,029 views · 21 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
NH
need_help_student_legal OP

I'm in a difficult situation and trying to figure out my next steps.

employer withholding tips. I've been dealing with this for about 9 weeks now and the situation isn't improving.

I have worked at this company for 3 years. My position is exempt and I do not have a written employment agreement beyond the standard offer letter.

Do I have a strong case? What should my next steps be?

DR
desperate_renter_CO

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

EM
EmploymentLaw_Mike Attorney

I practice in this area. Here's my take on the legal issues.

There are several legal theories that could apply here. The strongest is probably OSHA regulations, which requires showing a safety violation.

I'd recommend documenting everything in writing from this point forward. Keep copies of all communications.

TR
TruckerRights_OH

I've seen this play out several times in my field.

In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.

ND
newbie_driver_2024

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

WC
worried_creator_question

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

PN
Photographer_NYC

Not a lawyer, but I have direct experience with this.

What worked for me was escalating to a supervisor/manager. It took 1-3 months but was worth it.

WR
worried_renter_MA

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

NS
newbie_student_2023

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

GL
GigWorker_LA

I've seen this play out several times in my field.

What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.

AB
AgentBroker_TX

I went through almost the exact same thing.

In my case, it took about 3-6 months to resolve. The key was having everything documented.

AF
asking_for_friend_parent_OH

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

AB
AgentBroker_TX

Been there. Here's what I learned.

What worked for me was having everything documented. It took 3-6 months but was worth it.

VA
VCAnalyst_SF

I've dealt with this before.

In my case, it took about 2-4 months to resolve. The key was hiring an attorney to send the initial letter.

FT
first_time_tenant_2025

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

NH
need_help_driver_GA

NAL, but from what I've read, you should document everything. That said, definitely get a lawyer to look at the specifics.

ES
eComm_Seller_2022

Been there. Here's what I learned.

In my case, it took about 2-4 months to resolve. The key was hiring an attorney to send the initial letter.

IG
InsuranceGuy_FL

Been there. Here's what I learned.

In my case, it took about 3-6 months to resolve. The key was having everything documented.

TS
throwaway_student_question

NAL, but from what I've read, you should send a written demand. That said, definitely get a lawyer to look at the specifics.

CW
confused_worker_2024

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

SB
SmallBizOwner_NYC

I went through almost the exact same thing.

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

EA
EstatePlanner_AZ

Been there. Here's what I learned.

I ended up having everything documented, which cost about $3-6 but saved me a lot more in the long run.

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