Need help in Oklahoma!

Recently I was hired as a bartender for a small club where I live. I was told before I could work I had to get my liquor license so I did and once I did that, they had me come in for training. First of all, I inquired about my pay during the interview after the owner had hired me. He said that he generally pays the bartenders more than the normal $3 whatever because of the amount of work involved in closing the bar (cleaning, taking out garbage, stocking the cooler, etc, etc..). No actual pay was discussed during the interview. After I got my liquor license I was called in to work the same night. I trained with the main bartender and the night was really busy. We made well over $200 in tips. But I noticed that at the end of the night, when the register was emptied, all the money from that night was placed into an envelope along with the tip monies and then deposited into the owners safe. I didn't make it home that night until 3:30 a.m. then after that I was instructed to come in on a Sunday evening and work until close. The owners wife was there when I got there, but she let me work the bar by myself as she sat on the opposite side and had a few drinks. I worked 4 hours by myself until another bartender came in and at that time, all 5 jars were full of money and several of the regulars that night told me how gorgeous I was in front of the owners wife and I didn't think too much of it. Anyway, I received a call from the owner at approximately 10 p.m. that night telling me that I could go ahead and go home and that there has been changes in the schedule and that he was going to call me that following Monday to let me know what was up.
That Monday and Tuesday I was suppose to work. When I didn't hear from the owner during the day, I ended up calling his wife and she explained to me that I didn't have to work that week. One of the other bartenders didn't get to work much because she was in the hospital the whole weekend so they were letting her work my nights. That kind of ticked me off but I just let it go. But then I have been ignored since then. I was suppose to work last night, but no one had called me all week to tell me if I had to even work! There was no schedule at the bar. Every time I called the owner, he wouldn't answer. I had left so many messages on his cell that I filled the mailbox up. Finally I called his wife to find out what was going on. She tells me they can not afford to pay me while training because then they have to pay two people. So then I asked about my pay and she tells me she has no idea, that she has to talk to her husband about it. If I worked 4 hours on my own doesn't that mean I am beyond training? I have had a numerous amount of experience in restaurants/bars. I feel that I was lied to. I feel that I am discriminated upon because I am half Filipino and I generated more tip money than the other girls from the regulars at the bar. They never even discussed my pay up front before having me work and I never even filled out any paperwork. Every time I asked the boss he would say he would tell me later. But now they have let me go and I feel they are very shady and are not going to pay me my share of the tips and whatever it is I am owed. Have they broken laws here?

Contact an attorney the discrimination angle would be difficult but they have to pay you the wages agreed to. Failure to pay wages when due is a misdemeanor if willful (40 OS 165.8). In any event, the company is subject to suit for non-payment, and may be assessed a penalty of up to 2% of the unpaid wages per day (up to a sum equal to the unpaid wages). The employer is also liable for attorney fees and costs of the suit. (40 OS 165.3).

All unpaid wages must be paid to a terminated employee at the next regularly scheduled pay day, either through established pay channels or by certified mail.(40 O.S. 165.3). Where the amount is in dispute, the company must pay the portion which is undisputed (49 OS 165.4).

Employees who are not paid the required minimum wage may recover double damages, as well as attorney fees (40 OS 197.9). In addition, failure to pay minimum wage is a misdemeanor, punishable by fine or imprisonment (40 OS 197.13).

Also file an unemployment claim. Also were you given a employee hand book ?
JoeC

Thanks Joe.

As far as filing an unemployment claim, I'm not sure that will do any good since I only worked a total of two nights. When I was at the interview, the owner was in a rush and I was told I got the job as he was on the way out the door. No employee book was given to me. I was expecting to fill out papers, even tax papers but nothing was ever given to me to sign or fill out. The only thing I had to do was put my liquor license on the board behind the bar.

-Edit- Also would this be considered wrongful termination? I have never had anyone tell me they were letting me go because they couldn't afford to pay me, lol. Why on earth would I be hired in the first place? It's all just ridiculously odd to me.

Unemployment goes by the total hours worked for the previous year not just from the last employer. Only an attorney doing an intake can tell you if you have a wrongful termination action. From what you posted it does not seem likely.

Oklahoma courts have long recognized the at-will doctrine. There are some exceptions,and only an attorney can figure that out. An attorney should be able to give a yes or no answerer over the phone.
JoeC

Ok thank you.

I found out today that pay day is on Fridays. I will wait to see if I get paid soon and if not, I will see an attorney.

I am a medical transcriptionist during the day, I work from home and I've been doing it now for a couple of years. The bar was just something I wanted to do to get out of the house

Anyway, thanks for all the helpful suggestions.

Your welcome and good luck, hope you found this site useful.
JoeC

jelliott416 wrote:Ok thank you.

I found out today that pay day is on Fridays. I will wait to see if I get paid soon and if not, I will see an attorney.

I am a medical transcriptionist during the day, I work from home and I've been doing it now for a couple of years. The bar was just something I wanted to do to get out of the house

Anyway, thanks for all the helpful suggestions.

Don't let this discourage you from being a bartender, if your tips were what you said, and customers like you, there will somewhere, be a bar that will appreciate you for that. This is not legal advise, I just don't want you to give up what you wanted to do because of a bad start. I agree with Joec, that because of the at will state laws, it would be very very hard to get a discrimination suite, for they never mentioned your race, or anything else because you were in and out so fast. Good luck to you!

A few pieces of advice...

1. Find a more reputable employer.
2. File a claim in small claims court for unpaid wages.
3. I don't think you will get any unemployment due to your full-time day job, but it doesn't hurt to apply!