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Plaintiff accuses Shady Grove restaurant of wage theft

PENNSYLVANIA RECORD

Monday, February 24, 2025

Plaintiff accuses Shady Grove restaurant of wage theft

State Court
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Allegheny County Courts Of Common Pleas | Official Website

A former server has taken legal action against a local restaurant and its management, alleging a series of wage violations and wrongful termination. Emily Menke filed a civil complaint on February 11, 2025, in the Court of Common Pleas of Allegheny County, Pennsylvania, targeting Shady Grove, LLC, along with its owner Matthew Turbiner and General Manager Aimee Chuska.

Emily Menke claims that during her employment at Shady Grove as a server starting June 8, 2021, she was subjected to unlawful wage practices. According to the complaint, Menke was paid an hourly rate of $2.83 plus tips but alleges that the restaurant manipulated her reported income by inflating cash tips on her paychecks without actually paying those amounts. "Shady Grove failed to correct her paycheck," the complaint states, adding that this resulted in higher tax liabilities for Menke without corresponding income. Despite raising concerns with General Manager Aimee Chuska multiple times about these discrepancies, Menke asserts that no corrective actions were taken. Her employment was terminated on February 8, 2023, shortly after she lodged further complaints about wage theft and minimum wage violations.

The lawsuit outlines several counts against Shady Grove and its management under various laws including the Pennsylvania Wage Payment and Collection Law (WPCL), Fair Labor Standards Act (FLSA), and Pennsylvania Minimum Wage Act (PMWA). It accuses the defendants of failing to remit wages owed to Menke by inflating cash tips reported on her paychecks illegally deducting taxes from unearned income. The complaint also alleges breach of contract as well as unjust enrichment due to these practices.

Menke is seeking multiple forms of relief from the court including actual damages for lost wages and benefits; pre- and post-judgment interest; attorneys' fees; liquidated or statutory damages under applicable laws; compensatory damages for emotional distress resulting from wrongful discharge; restitution equal to the value retained by defendants through their alleged unlawful conduct; and other appropriate relief deemed just by the court.

The case is being handled by attorneys Rachel L. McElroy and Lindsay M. Offutt from McElroy Law Firm LLC representing Emily Menke. The filing does not list specific defense counsel for Shady Grove or its management team at this time. The presiding judge's name is not mentioned in the document provided nor is there an assigned Case ID CVPDD008S338F981.,

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