a strange dine and dash

[finlayfox]

Okay, the couple was friendly, nice, and had a sense of humor, but the guy... was... odd. The only other male working up front of the restaurant that day was a host, is 40 pounds heavier then me, is blond(i am brunette), and has a very different face than me... he also slouches a bit(not a confident guy).
so, at one point during his meal, he asked for a couple things, i obliged, went ot the kitchen and acquired said items.
upon my return i find he already had the items(ketchup and a new knife as he had dropped his other one) I approached the table with a quizzical look and he informs me before i ask, that he had confused me with the other guy there, and asked him for the items just before he had asked me.
well, since they had a sense of humor, i joked with him about it a bit, and the wife/gf got a good chuckle.
Well, onto the end of hte meal. I give them the check, wait a moment to see if he reaches for it, he does not, so i informed them that i would be right back and go check on another table. i keep a half an eye on them, i noticed that they picked up the book, and did a few things, and got up and left. i wave at them as they pass and tell them to enjoy the rest of the day, they smile and tell me to as well.
At this point i finish taking the current table's order, and go pick up the ticket... only slight problem. no money.
Instead, on the reciept was written tip - $4.00
and was signed.
now, i am not certain how htis fellow htink it works, but if you want to pay by credit card, i will need to take possession of the credit card, go swipe it, and bring back the card... as well as the slip of paper that is your agreement to pay. on this slip of paper is where you write down your tip and sign.
I had to pay this numbskulls meal out of my pocket... i was sure to tip myself 4 dollars though

[Bright_Star]

Why would that be your fault if they skipped out before paying? So why should you pay for them?

[HorrorFrogPrincess]

Why would that be your fault if they skipped out before paying? So why should you pay for them?

'Cause restaurant owners are tools. It's one of the most craptastic policies that is frequently used.

[finlayfox]

yeah, well, my rest. specifically has it because a f#cktard that once worked here, would every now and then tell someone that they didn't have to pay the bill, and then a few minutes after they left would go the manager and say that they did a dine and dash

[ZumZum]

That is an illegal rule, by the way.

[bainsidhe]

Does this rule vary by state? I didn't think that was legal in Nebraska. Same goes for if your till is short. Unless they can prove you guilty of wrongdoing (such as dipping into the till - making a mistake or being an idiot isn't intentional wrongdoing), then they can't legally force you to pay it back. Not saying they can't try, though. And mind you, I'm not 100% saavy on the law and I am not a lawyer.

[depechemodefan]

I remember one day a cashier at Luby's (it's a cafeteria) called saying that one of our employees from a branch ate at Luby's, said he left his money somewhere and he will be back. She knew he worked at a branch of the library (she goes to that branch) so she figure she would trakc him down. He never came back that day so she call us after calling the branch. She finds out he volunteers at the branch, and the manager doesn't have much info. on him.

She expected us to have info on him but we don't (heck, the branch should have more info. and I would have connected her to HR, but it was after 5:30). So she tells me that now it's out of her pocket.

[Tutorgal]

It's generally illegal in the US to make a server pay for a dine and dash, as it's considered part of the risk/cost associated with doing business. What that means is that the restaurant can't legally take the money out of your pay or your tips without your consent.

The other side of it is that in most US states you can be fired at any time for any reason that isn't covered by protective laws. I've heard of servers flat out refusing to pay and managers dropping the subject, because they know it's an illegal request and I've heard of servers being fired for "other reasons." I don't know what would happen if you could prove that was your sole reason for being fired.

I have to say, this practice absolutely disgusts me. Servers have more than one table and they have to be in and out of their sections all shift. It takes all of what, 15 or 20 seconds to leave a restaurant? Imagine the outcry if, say, Target started demanding their employees pay up for shrink in their sections. Theft is, unfortunately, part of doing business.

[friendofjimmyk]

That is an illegal rule, by the way.

Yes zum zum, you are correct. It is absolutely, positively, fucking illegal. However, most servers are not aware that its illegal for their bosses to make them pay for walked tabs. Having previously worked in the service industry for over 10 years...I found that it was a rule that basically made sure that the server/bartender paid attention to their tables...which, anyone who has waited tables or tended bar knows is NOT something you can do 100% all of the time. Not even some of the time!

I never had a walked tab. Came close twice, but I caught the tables walking out or in the parking lot. However, Angel comes to mind. She was a nice, young server I worked at the sports bar with. This poor girl...she worked at the bar for maybe 3 months and had at least 10 walked tabs. Now, she was a bit of a space cadet...but she was made to pay every time....until she finally quit. It was after this that I was told that practice is illegal.

[tamezin]

Why would that be your fault if they skipped out before paying? So why should you pay for them?

That is the way it works in most places, bars also, it places the responsibility on the wait staff to keep an eye on their tables.

[VComps]

That is the way it works in most places, bars also, it places the responsibility on the wait staff to keep an eye on their tables.

Yes, but if the table walks, it's not the wait staff's responsibility to pay. If a particular waiter/waitress has an unusually high number of walked tabs, then sure, take corrective action, but you can't make 'em pay for it.

Think of it this way: Say this happened at a Wal-Mart. Staff member is helping customer, customer decides to steal an item. Does Wal-Mart then go to the staff member and demand that they pay for an item they didn't steal? I sure hope not!

(On a side note, I did actually have a boss in a retail store try to pull that sh*t on me - after going round and round with him for a while, I told him that I basically didn't see a need to continue the conversation, and any further correspondence on the issue would need to be handled through my attorney.

Not TEN MINUTES after I said that, the owner of the stores called me at home to try to smooth things over. And no, I never did pay for that item.)

[finlayfox]

interesting, i shall make sure to check that out in the near future

[Digitalpotato]

'Cause restaurant owners are tools. It's one of the most craptastic policies that is frequently used.

Yep, it's the same reason they fire people for not "Suggestive Selling" and people not wanting to sign up for credit cards.

[wagegoth]

Call the labor board:

(402) 471-2239 (Lincoln)
(402) 595-3095 (Omaha)


Plus:

48-1203. Wages; minimum rate.
(1) Except as otherwise provided in this section and section 48-1203.01, every employer shall pay to each of his or her employees a minimum wage of:
(a) Five dollars and fifteen cents per hour through July 23, 2007;
(b) Five dollars and eighty-five cents per hour on and after July 24, 2007, through July 23, 2008;
(c) Six dollars and fifty-five cents per hour on and after July 24, 2008, through July 23, 2009; and
(d) Seven dollars and twenty-five cents per hour on and after July 24, 2009.
(2) For persons compensated by way of gratuities such as waitresses, waiters, hotel(2) For persons compensated by way of gratuities such as waitresses, waiters, hotel bellhops, porters, and shoeshine persons, the employer shall pay wages at the minimum rate of two dollars and thirteen cents per hour, plus all gratuities given to them for services rendered. The sum of wages and gratuities received by each person compensated by way of gratuities shall equal or exceed the minimum wage rate provided in subsection (1) of this section. In determining whether or not the individual is compensated by way of gratuities, the burden of proof shall be upon the employer.

[finlayfox]

alrighty... i did the homework, and what i can say is that... there is a fine line to trot when they do take it from our pay(tips) from a dine and dash.

so here is the low-down. they can not take more than 25% of one weeks pay, which as a server, is guaranteed minimum wage... in one garnishment, with no more than one wage garnishment per week. the law does not state what is, and is not punishable.