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Never Noticed before Until This Friday! - Sunshine7 - 01-30-2010

My new Attorney asked for my 2008 W2, My husband faxed it to him on wed.
Friday: I received 2009 W2, I was going over it and noticed they have me down as a, Cashier, Line Attendant, Greeter, Service Assistant.
That made me wonder so I looked at my 2008: Cashier, Pantry, Greeter, Service Assistant.
I know in 2008 I worked a couple of hours as a Greeter, I have never worked in the Pantry, in the 9 months I worked, from 6-18-08 to 3-29-09 injury 3-25-09, I also never worked as a Line Attendant.
I worked as a Cashier/Server.
I also noticed for 2008 & 2009 on my check stubs my employer has my rate at $2.00 a hour on my declared Tips as a server, My General Manager told me when I started working as a server that by-law I had to claim $5.00 a hour, so if I worked 5 hours I claimed $25.00, Now I'm worried, I asked my husband to fax the letter to my attorney with my 2009 W2, I don't know what else to do, I live in CA. Thanks ahead of time and have a nice day.


RE: Never Noticed before Until This Friday! - Sunshine7 - 01-30-2010

1171 what is the rate to claim when you collect tips in Ca. BY LAW?


RE: Never Noticed before Until This Friday! - Sunshine7 - 01-30-2010

I am in no way looking for legal advice just opinions if this was you, thanks for your time, stephBig Grin


RE: Never Noticed before Until This Friday! - jayne - 01-30-2010

when I waited tables we were supposed to claim it all......but our Boss didnt like that cuz on slow days he had to make up the differebce in what we made and minuim wage so we were told to claim the amount needed to make minuim wage on the last day of the week we were supposed to claim any extra that we might have made above that amount


RE: Never Noticed before Until This Friday! - Sunshine7 - 01-30-2010

Days I worked as server and around what i made:
Tues worked 4 hours: Least amount-$20.00, most-$65.00
Fri: worked 7 to 8 hrs: Least-$120.00, most-$160.00
Sun:5hrs" least-$140.00, most-180.00
these are approximates
I made good tips with my out going personality, Smile, friendlyness, made sure customer was injoying there selfs, people would ask me if i just got out of high school because i was so prompt and swift, I loved making people feel at home, to me it wasn't just a job but an extention of my family, I know this is hard for sum to believe but u might of really liked me before this all happened no frowns, turn it up side down.. I don't know how to prove this since i claimed 5.00 a hour per GM INSTRUCTIONS


RE: Never Noticed before Until This Friday! - Sunshine7 - 01-30-2010

I was looking in Department of Industrial Relations on tips, MY EMPLOYER on my W2 they say my tips rate was $2.00 a nour, i claimed 5.00 a nour, that means they took the other $3.00 a Hour i guess i'm gonna call my attorney or write him and fax him what i have put on here, i don't know if I'll get in trouble but it's the truth and I will accept what ever comes


RE: Never Noticed before Until This Friday! - ace25 - 01-30-2010

Not sure what your GM was talking about. "By law" you are supposed to declare what you earn.

I don't know how they do it now, but several years ago the IRS used 8% of a servers sales to gauge what their income was from gratuities. We all know that much of what a server earns remains undeclared and untaxed. The downside of that is when that person needs to collect unemployment or WC, and their real wages are vastly under represented. It can be a two edge sword.

Didn't you have to fill out paperwork decalring your tips?


RE: Never Noticed before Until This Friday! - Sunshine7 - 01-30-2010

Ace25 the answer to that is no as I explained my GM told me by law to claim $5.00 a hour, look if you thought i was getting away with something i wasn't some people really are honest and enjoy working and maybe a clean aholic like i was, pluss enjoy cooking, sum peple are nieve like me sorry to burst your bubble!


RE: Never Noticed before Until This Friday! - Sunshine7 - 01-30-2010

Ace I'm sorry but I grew up in Roy Utah, I have manners, a big heart, and was always taught if you need to think if something is right or wrong the answer is wrong because if you have to ask yourself, you already know you just trying to talk yourself into doing the wrong thing. If you met my daughters or myself you would see that, oldest daughter 17, middle 15. youngest 13 will be 14 next month they are my miracle for I was told I wasn't going to be able to have kids. I hope you forgive me but not everyone does things on purpose. I believed my GM, why would I think he was lyeing to me? I had no reason also I had direct deposit so I never looked at my check stubs I hope this explains a little bit to ya


RE: Never Noticed before Until This Friday! - ace25 - 01-30-2010

Huh? I think you took my post the wrong way. I did indeed mean to say your GM is full of BS, because legally he should only advise his employees to declare full income.

I don't care if you declared full income or not. I've been a server, and I know how hard it is, and people in that job work hard for their money. And the government targets people in your position because you are "easy pickins", you generally don't have the resources to fight.

This does not change the fact of my prior statement that "by law", you are supposed to declare all income. if you don't believe me ask the IRS.

Sorry if I offended you. Not my intent. I meant to offend your idiot GM.