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hkcon

Junior Member
My employer has recently mandated that we no longer accept tips. Some people that were here recently decided to send a tip to me via mail C/O my employer. They opened the mail which I get is technically ok but when they found the top money inside they took it and kept it. I feel they should have sent it back to the senders if they are not allowing me to have it. What says the law?
 


Just Blue

Senior Member
My employer has recently mandated that we no longer accept tips. Some people that were here recently decided to send a tip to me via mail C/O my employer. They opened the mail which I get is technically ok but when they found the top money inside they took it and kept it. I feel they should have sent it back to the senders if they are not allowing me to have it. What says the law?
What state?
 

Zigner

Senior Member, Non-Attorney
Are you still in Nevada?

I don't know why you believe it was "ok" for them to open your mail.
 

quincy

Senior Member
My employer has recently mandated that we no longer accept tips. Some people that were here recently decided to send a tip to me via mail C/O my employer. They opened the mail which I get is technically ok but when they found the top money inside they took it and kept it. I feel they should have sent it back to the senders if they are not allowing me to have it. What says the law?
The tip was sent by regular mail (USPS) and your employer opened the letter addressed to you?

Regardless of what was in the letter, your employer has no legal right to open mail addressed to one of his employees.
 

zddoodah

Active Member
Let's be practical. What are you going to do? Sue your employer? Report your employer to the police for theft? Are you prepared to seek a new job?
 

quincy

Senior Member
Let's be practical. What are you going to do? Sue your employer? Report your employer to the police for theft? Are you prepared to seek a new job?
Good points. But if the employer violated the law, hkcon should be aware of it and understand what sort of person she is working for - although not being able to collect tips has pretty much already shown what sort of employer s/he has. :)
 

PayrollHRGuy

Senior Member
The "Care of" may do protect the employer and they could certainly defend themselves that they simply opened the mail that came to their address without reading the envelope.
 

FlyingRon

Senior Member
Regardless of what was in the letter, your employer has no legal right to open mail addressed to one of his employees.
As far as federal statutes goes, that's not true.

But getting on to the tipping issue, while it is legal for the employer to bar tipping in his establishment, Nevada law (as in most places) doesn't allow the employer to just take tip money and keep it. It can be put into a tip pool subject to Nevada and federal law, but he can't just take it.
 

quincy

Senior Member
When a personal letter is addressed to a named individual “in care of” someone else, the letter belongs to the one to whom it is addressed, not the person whose address is being used and under whose “care” the letter is received.
 

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