More details to this question:
The situation goes back to November 2021. I worked only 4 days in the restaurant and haven’t receive payment. I was looking for a server job. I got an offer from Scorpios restaurant. When I came there my first day, I was asked to work as a host in the morning for 1 week, they asked me since they did not have a hostess at that time. And during dinner time I worked as a server. After my first or second day I realized that the place is not for me. It was very slow, the management was disorganized. So I told to one of the manager that I’m quitting. I worked there only for 4 days. The check I received for those 4 days was 109$ after taxes!!! So it was saying 10$ per hour it did not included tips that I made and the check states that I worked only 13 hours instead of 30. I texted manager and told him that, the check is wrong, he apologized and told me, that he will fix the problem. After that time I was texting them couple of times. I did not get any answer.
1 ANSWER
I moved your question to wage and hour law. The government agencies which oversee this are:
New York State Department of Labor which operates consistent with the policies and procedures of the United States Department of Labor.
Everyone is entitled to be paid for all of the hours worked.
Apparently the employer admits that it owes you more money. Here is a suggestion. Not legal advice.
Write them a certified return receipt letter (green card which is returned to you by the USPS proving the employer received your letter - costs you less than $10). A suggestion of what you might write to the owner of the business:
Dear owner, I worked for you from X date to Y date. On Z date I informed you that this was not a good fit for me. I am entitled to be paid XX dollars. This includes YY hours at ZZ hourly rate plus approximately ZZZ in tips as discussed when I was hired. I demand that you pay me XXX dollars by mailing a check to my address at: _______________ or direct depositing into account # if you authorized that when you were hired, no later than (10 days after you estimate the owner receives the letter) or I will need to file a small claims court lawsuit and ask the court to award me the above amount plus all the costs and expenses and anything else the court may deem appropriate. Signed, dated, and make sure to keep copies of everything.
After the time period expires, and you have received the green card with the business owners signature go to the small claims court clerk in the county where the business is located or where you live and ask them to help you complete the forms. You will attach all of the above and a copy of the green card proving the employer received your demand to your lawsuit.
Good luck. Not legal advice and I do not handle small claims matters but the above should at least get you started.
The other option is to file a complaint with New York's Department of Labor but that could take a very long time, even though small claims court may not be as fast as you want either. Hopefully the restaurant owner will see the light when it receives your demand, pay you what you are owed, and you can move on.
Answered on Feb 04th, 2022 at 9:36 AM