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my employer not paying me a minimum wage-delivery driver


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#1 Bekah36

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Posted 27 January 2013 - 12:12 PM

ok heres my question. I have worked at a small pizza shop for 6 months. My boss, the owner, just started putting me on payroll and not paying me under the table last month. I am given 25 dollars a day for gas and I make about 20 a day in tips if I'm lucky, which I claim on my check. My boss now pays me my gas money on my check but she claims that I work 15 hours a week at 7.75 an hour and makes the hours add up to whatever I should be getting paid in gas. I do not get paid an hourly wage and I help out in the store for pretty much free when they get busy and I don't have any deliveries, which is most of the time, my boss says "can you answer the phone, can you get that pizza out of the oven, can you wash these dishes?" stuff like that all day long and i do it happily. Recently child support started taking 50% of my paycheck, leaving me with $80 every two weeks to live off of and put gas in my car. I use about 10-15 dollars in gas a day but now child support is taking my gas money because she claims that i make an hourly wage (my gas money) when really I don't. So now I don't have gas to put in my car and she gets mad that I come to work broke. So I contacted job and family services a couple days ago to try to get this fixed and they told me they had just received a letter from my boss saying that i am an hourly worker and that i work 15 hours a week for 7.75 an hour, not a delivery driver, which is a lie. So I confronted her with this information yesterday and she denied it, said she is doing nothing wrong, and then fired me because she said that I don't work as good as I used to when she hired me. I put in 110% everyday at work, I have never called off, and I'm on time everyday. I think she knew she was doin something wrong so she just decided to get rid of the problem-me. Am I owed money for the time I have worked there and not made a minimum wage? Is it legal what she is doing? and am I entitled to any money because she did this and fired me for no real reason? I am going to lose my apartment and everything over this. She left me broke with no warning I would be fired. Also my food stamps were cut down to $25 a month from $200 a month because of my wage supposedly increasing (my gas money). Somebody please tell me whether I should hire a lawyer??

#2 Bekah36

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Posted 27 January 2013 - 12:18 PM

i live in ohio too by the way

#3 adjusterjack

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Posted 27 January 2013 - 04:37 PM

Wouldn't hurt to consult a lawyer who specializes in whistleblower retaliation. Just don't be surprised if lawyers expect you to pay them, although you might contact local legal aid.

Meantime, file for unemployment and file a wage claim with the state's wage and hour regulatory agency and look for another job.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#4 Guest_FindLaw_Amir_*

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Posted 28 January 2013 - 12:59 PM

Somebody please tell me whether I should hire a lawyer??


You may wish to use the Ohio Employment Lawyers Directory to locate a local lawyer to advise you of your rights. I also suggest you visit the Employment Law Center and read Losing a Job as a good resource.




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