I was hired by an asian bistro restaurant as a Server. I came in and the manager told me he hasn't put me in the system yet but to go ahead and shadow one of the servers. I worked an 8.5 hour shift and the manager told me to come back in the morning at 1030. When i arrived, the manager told me to leave because my tattoos were showing but all the other employees (male and female) were allowed. I am rather suspicious he used me for one days worth of work as he told me I couldn't clock in and he technically fired me because my tattoos were showing which is absurd. What steps should I take to get paid for my 8.5 hours and/or wrongful termination because of my tattoos. The manager never asked for my driver's license or social security and I wished I senses the fishiness earlier. This manager is definitely doing many things illegal.
You have a couple of options. You can file an administrative complaint through the South Carolina LLR. http://www.llr.state.sc.us/Labor/index.asp?file=wages/paymentofwages.htm. You can also file a lawsuit (in Magistrate Court) and seek triple your wages and attorney's fees.
I agree with Mr. Snell regarding the unpaid wages. As to the tattoos, the law doesn't provide any protection for being fired because of tattoos, so you don't have a wrongful termination claim.
I am a lawyer, but I am not your lawyer. This reply is not intended to be and does not constitute legal advice or the establishment of an attorney-client relationship. If you want legal advice, I invite you to contact a local law firm to discuss your case in more detail.
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