Is it legal for a restaurant to charge its employee the for the full ticket price of a customers order if the receipt isn't signed because they could suffer a "charge back" at some point? They've already been compensated, but somehow my asshole employer thinks it's prudent to charge me personally for the ticket because the receipt didn't include a signature and it could possibly lead to the customers favor in a charge back. I told him I don't give a fuck about the tip which I've yet to be paid on yet he thinks he has legal grounds to withhold the entire balance from my paycheck.
Is it legal for a restaurant to charge its employee the for the full ticket price of a customers order if the receipt...
Ryder Morris
Ian Rivera
Contact he E.D.D. and tell them about what is happening. It's most likely illegal for your employer to do that. Then if he fires you because you contacted the E.D.D. you can sue his ass.
Charles Reed
I'm not interested in suing him over 100 dollars. I quit already, but I'd like to tell him what's what when I go in tomorrow to give him his uniforms.
Angel Stewart
Tips are weird.
If it's a mandatory service charge (large party gratuity) then it isn't legally a tip, and therefore it is the company's business whether or not it gives it to you.
If it was a volentary tip, then it belongs to you, and the company would be stealing if they took it from you.
The actual charge?
They can... however if you go beneath minimum wage (after figuring in "tip credit") then they've got trouble.
In addition to this, you've got the contract thing that you signed when you were hired that they must respect for the duration of your employment.
If they said they were going to pay you a certain amount, they must pay you that amount, but if they snuck in a clause that says they can deduct your pay under certain circumstances, then it sucks to be you.
Note that these contracts may typically be terminated at any time by either party. But the pay involved would be up to the point of that termination.
Further, grabbing a lawyer and fighting them on this is pointless, as the cost of suing would be greater than the return if successful in court.
Basically, you've got to suck it up until you get a better job.
Christopher Perez
Then read the law for your state and city regarding employment and garnished wages.
Blake Nguyen
You are completely wrong. Your employer cannot hold you responsible for a customer's payment. That is completely illegal.
Many restaurant owners have experienced the problem of customers ordering a meal, finishing the meal, and then leaving without paying the bill (commonly referred to as "dine and dash", "dine and ditch" or "walking out"). Often times this occurs in busy restaurants and the customer's actions may or may not be the fault of a server who is not paying attention to the customers well enough to notice that they are leaving without paying the check.
As the resaurant owner, it's tempting to set a policy that you will deduct the loss from a waitress’s salary to counter the losses from dine and dash customers. However, generally this is not a permitted practice under employment law.
It is not legal for an employer to deduct from the employee's salary any amount owed by a customer who has skipped out on the check. Because the server is not ultimately responsible for the actions of a customer, this is unfair and against the law.
Minimum wage requirements and other wage and hour laws ensure full pay for hours worked and make it illegal for an employer to deduct pay from a given hourly wage for these types of purposes.
If you are a waiter, waitress, or other tip-earning employee and your employer has deducted money from your salary without permission based on a customer leaving without paying, you should consult with a lawyer as soon as possible. Likewise, employers should also consult with an attorney before accidentally making a policy that could be in violation of the labor law.
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Luis Green
Yeah, but the customers paid for the meal. He's trying to charge me for their meal because the receipt for the credit card transaction wasn't signed.
Ryan Butler
I think they technically have you waiteranon. The transaction isn't really complete until the customer signs the credit card slip.
Grayson Thomas
mmm IDK about that? But from a credit card stand point its very shady and odd? Like it wouldn't make any sense for them not to charge the customer just because they didnt sign? The credit card agency is never going to know...sounds like hes getting his money and charging you too
Jordan Phillips
Gods fuck, I just read what I wrote.
I'm fucking stupid.
Dominic Collins
Thanks man. That's what I thought. I can guarantee I didn't make minimum wage to begin with but I'm sure as shit not letting this faggot short me 100 dollars on my 200 dollar paycheck.
David Scott
It doesn't matter. His employer can't make him pay for a customer walking out.
Leo Lewis
how do you know it was the customers card?
Michael Perez
Exactly. He's trying to withhold the amount of the check in the event that he could be charged back as if a signature fucking matters. He's being a dick.
Nolan Adams
let him do it then sue, make bank
Carson Martinez
If you didn't make minimum wage, your employer actually has to make up the difference. That is the law. So not only can he not take any money from your check, he owes you more.
Threaten a lawyer, see what he says.
James Hernandez
lol in reality though they closed out that transaction and charged the card... it would take a very cautious and odd letter of the law person not to just run it anyways
I'd be pretty certain people forget to sign their check every day at restaurants
Brandon Perry
It's a pizza delivery job dude. They ordered with their credit card. They just didn't sign the receipt when I got to the house.
Luke Allen
Burden of proof is on me, and since I didn't claim any of my cash tips, I can't prove it. Not that I'd give a shit to. Not worth my time.
Grayson Richardson
Mah nigger, the burden of proof for minimum wage pay is not on you. It's on your employer. Your employer has to prove that you made minimum wage or more.
Chase Gray
Hunter Campbell
Yeah you're right. I should probably just punch the guy in the face though.
Christian Moore
I feel better now. I'm going to tell him to suck my dick tomorrow. Thanks b/ros.