whistleblower

[clhatt1111]

I was fired from my job as a waitress last week. My employer was handling the tips improperly- he stated that once a waitress earns $6.50 per hour, the rest of the tips belong to him, and distribution of the tips is his discretion. Tips were pooled, and the money that waitstaff received was in an envelope the following day. My employer was upset whenever a waitress would comment about or count the tips. He said, "That's MY money, NOT YOURS." Once, there was a confrontation about the tips in front of the customers, between the employer and another waitress. Additionally, a portion of the tips were being given to the diswasher/ food prep employee, even though tips are generally for service employees (waitstaff, bussers, hosts). My employer was upset that I simply asked what percentage the diswasher received from the tips.
I found some information online from the U.S. Dept. of Labor, regarding the Fair Labor Standards Act and tipped employees' rights. After writing a careful letter to my employer, and bringing in the printed legal information, my employer was infuriated. He called me a f--ing bitch, he yelled various other remarks, and said I was fired.
I worked at this restaurant for only three weeks. Does my case apply to the Whistleblower's Act, since I was fired for asserting my legal rights? Should I get a lawyer?

 

[Beth3]

This does not fall under any whistleblower protections, although there may be some protection from retaliation in the FLSA itself. I suggest you call the federal department of labor (202-693-4650 to file a complaint over the tips that were handled improperly and discuss the circumstances of your termination.