Legal Question in Civil Litigation in California

I work at a hotel as a housekeeper, my coworker (the maintenance man) has been stealing our tips for 2 years. My immediate supervisor (the general manager of the hotel) knows this, as well as her superior (the area manager) and has done nothing. Is management obligated to do anything about this problem. It is theft, isn't it?

Asked on 11/19/13, 12:17 am

2 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

It is stealing. They are probably depriving you of some of your compensenation for employment. Some of this may depend on hotel policies but you should be receiving at least a portion of these if they have a tip pooling plan in place. The two difficulties you will encounter are proving this and then blow the whistle which would deteriorate your relationship with the hotel management.

The hotel management has a bigger liability issue in that if he steals tip he will steal a lot more than that but that's not your worry.

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Answered on 11/19/13, 5:24 am

Terry A. Nelson Nelson & Lawless

You saying that 'they know' does not make that true or provable, nor have you said anything about you filing a written complaint about it to put them 'on notice'. Do that, make a demand for remedy and repayment, then decide what to do after they respond to your complaint. If you already did that, and they still do nothing, then you should consult a local attorney to help you.

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Answered on 11/19/13, 1:39 pm

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