Debating If I File A Wage Claim For Manager Taking Tips From Me In Montana

Location: Montana, USA

For some context, it seems very unambiguous in my state that a manager cannot collect tips from an employee in any capacity, even if they are acting as a bartender, or what would normally be a tipped-out position. They can collect any tips from guests that they earn directly, but nothing from an employee ever is my understanding. I believe a manager is defined as someone who has firing/hiring and scheduling power, which this person did, they were the sole person in charge of this for a small restaurant.

I worked plenty of shifts as a server where this person was acting as a bartender, and included themself in the regular tipout that you would owe the bar for making your drinks for the shift. I got along with this person very well and never raised a fuss, but my feelings have changed, because towards the end of my employment there were a couple of disagreements we had, such as this manager including themself in a tip pool for an event we had due to the fact that they promoted it, which I argued against, since it was their obligation to promote it as a manager, not a way to collect from tips that I made individually. They stonewalled me and I decided to drop the issue.

After I quit the restaurant I returned to collect my final tips still owed to me, to find that the owner was withholding tips from employees for ‘financial reasons’ (which I think is also illegal, but not my issue). With that being said I had to return another week almost an entire month later, and when I collected my final tips this person shorted me by over $100. That is not a life changing amount, but it’s not insignificant. I kept my own records of the tips that I was still owed and had to go into my own notes to prove that I was shorted. This encounter was extremely negative. The entire time I was being gaslit (unsuccessfully) in an attempt to believe that the number I had recorded was incorrect, and they were being incredibly rude and mean about the entire ordeal and dismissive that I was owed any more money. Eventually after some back and forth with me showing them my records and them giving me personal insults, I finally got the money I was owed and left absolutely fuming mad regardless of the outcome due to how the interaction went.

I try my best to be the bigger person in situations, but I can’t help but feel like this person made an attempt to try and steal money from me from my final interaction with them- unless they truly believed they were in the right and handled the situation as poorly as they possibly could have, which is still not ok.

The position I’m in is that I’m debating filing a claim to the department of labor to try and get all of the tip outs that I paid this person back, as I think they were unlawfully collected. This is not a huge amount of money, but would benefit me as I have many payments in my life, like many people do. I feel like this person showed their true character after I left this job and I can’t help but feel like there were other situations where I was taken advantage of by the business. I would have to try and first resolve the claim with them individually before going to the state.

My primary question for people is if they have gone through a similar process and found success or not, and if they have advice as I approach this. Additionally if people think this is worth the time and effort as well. This could be legal advice from people who are familiar with wage claims, or if you have a personal take on the matter I am open to hearing what you have to say. Any insight is appreciated