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NY - Wage withholding post termination

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J

jaezif

Guest
My sister was recently hired at a restaurant as a waitress and was fired 2 weeks later and accused of stealing. (She definitely was not.) Their reasoning was that they had switched her shift with other waitstaff and the money was missing on each of her shifts. (the amount of money was unclear) but according to her, the cookstaff had the same access to the cash register that she had and they were not switched off.
The other waitstaff was told the next day as a group by management that she had been fired because she was stealing! They are now withholding her last paycheck.

There was never any proof, nor legal action filed by the restaurant.

What can she do about getting back her withheld pay and about recouping damages against the defaming announcement that was made among her peers. She lives in a small town and the waitstaffing circle is indeed a small one!

Thank you!
 



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