Is it legal for a restaurant to make a server pay for a check that a guest refused to pay?
My restaurant has a policy that if a guest walks out on a check or the payment is lost the servers have to pay for 50% of the check out of the pooled tips. I have heard that this is illegal and it certainly seems like it should be. Does anyone know if this is in fact against the law?
- Anonymous1 decade agoFavorite Answer
I cannot believe that this is a legal practice. Please find an attorney (not the one that the restaurant uses) to speak with about this matter (See first source). Or, contact the Internal Revenue Service and ask if you may deduct these [walk out] amounts from your "Tips Form"... IRS Form 4070 (See second and third sources). This needs to be reported to your state's employment agency or department. They will need to investigate the matter and take whatever action is deemed appropriate. If you request annonymity, they should provide it.Source(s): http://employment.findlaw.com/ http://www.irs.gov/formspubs/ http://www.irs.gov/pub/irs-pdf/p1872.pdf
- 1 decade ago
I'm from southeast asia. Here servers should not be held responsible for the obligations of the customers because the management has the judicial right to file a case against that particular customer both civil and criminal cases for redress of grievances and for collection of money plus damages. That particular offense is considered swindling (estafa). I just do not have any idea if the same applies to your country.
- annabelle pLv 71 decade ago
If it is one of your restaurant's policies and your employees are aware of such a policy, then, it is not illegal to extract payment from the servers' pooled tips for the reasons you stated. But it is best if you consult a lawyer regarding this to set your mind at ease.
- Anonymous1 decade ago
Wow that is not cool at all. But it may be legal. You need to call an attorney or get another job. if you dont have the money for advice find one that doesnt charge for advice.
You can get help from the source below also.Source(s): http://www.GetTheExperts.com