yesterday i was waitressing in the restaurant , the cutomers left without compliant but without paying the bill before anybody noticed ? managers said as i had been serving them i needed to pay the twenty pounds! is this legally correct?
2007-02-06 01:35:49 · 31 answers · asked by carla m 1 in Dining Out ➔ Other - Dining Out
This has happened to me..
You do not have to pay the bill coz its not your fault if they walk out without paying.
Your boss is just being a jerk.
2007-02-07 01:40:11 · answer #1 · answered by No1 DINGLE 2 · 1⤊ 0⤋
Definitely not. If food is served and consumed before presentation of the bill, the customer has legally contracted to pay for the meal, but cannot be compelled to do so on the spot. In my restaurant, we get proof of identity, discreetly, if we feel that a "runner" may be done, but if my Maitre D' (Head Waiter) attempted to dock the wages of a waiter he'd be looking for a new job PDQ. I always ensure I have a well-trained deputy who can take over the Maitre's job at the dropping of a fork.
You will need to consult a solicitor who is an expert in Employment law and Contract law. If you are in England, talk immediately to the Citizens Advive Bureau.
2007-02-06 10:12:23 · answer #2 · answered by ? 6 · 2⤊ 0⤋
Bet it was horrible for you being in that situation.
Check out your contract of employment which you should have been given when you started, it should tell you in there what the procedure is in this situation.
If the contract says that the procedure is that the waitress pays, and you signed that contract I don't think there is anything you can do.
If the contract doesn't mention it, then whether you signed or not your employer owes you this money back.
I have heard of this happening before (eg when someone drives off without paying for petrol) but legally I don't think you are liable, as the customer committed theft you were not to blame for their crime!
2007-02-06 03:56:35 · answer #3 · answered by Esquire 2 · 2⤊ 0⤋
Of course it isn't legally correct. You are being shafted.
You are an employee and have no legal responsibility to settle the bill of a customer.
Your employer would be within their rights to give you a formal warning if they thought you were negligent, or even to dismiss you if they thought you were complicit in any way.
If they dismissed you, you could sue them for wrongful dismissal.
If they take the money from your wages, you could resign and sue for constructive dismissal - i.e. their actions forced you to resign. You could also sue to get the £20 back.
Non of this really helps though. It all depends how much you need the job, and how easily you can get another.
If you don't need the job too much and can get another...tell all your your customers that the meal is on the house, then leave.
2007-02-06 01:47:15 · answer #4 · answered by Stu 2 · 3⤊ 1⤋
I can't speak for you since you're from the UK, but here in the States (Maine anyway), this is totally illegal and ridiculous besides. Here, we're not even responsible monetarily if the drawers are short. If the diners don't pay, it's up to the restaurant what to do--go after the dine-and-dashers or suck it up and take the loss. You don't fit into the equation at all, since you've done your job. Again, check the laws where you are, but it seems like you have a case to sue them and I would pursue it as such.
2007-02-06 01:46:34 · answer #5 · answered by Anonymous · 2⤊ 0⤋
Please seek legal advise on this before you pay. This doesn't sound right. He should pay if anyone should pay. Why wasn't he there to try and stop the customer from leaving before paying their bill? You as a waitress are busy assisting more thatn one table of customers at a time. He should be watching for that-not you. Take care.
2007-02-06 02:33:49 · answer #6 · answered by SAK 6 · 1⤊ 0⤋
Not at all! Your boss sounds like a bit of a moron.
He should report it as a crime if a customer has left without paying, because in essence it is theft.
I hate it how people are oh so quick to blame their staff on everything when they are the ones running the show. Not your fault!
2007-02-06 01:43:10 · answer #7 · answered by Anonymous · 1⤊ 0⤋
No I doubt it very much. Refuse to pay him.You can't keep your eyes on everybody all the time. You have a rotten employer if he tries to make you pay. Tell him you don't think its fair and that it wasn't mentioned in your contract of employment-if it wasn't. But call his bluff anyway. (He is by law supposed to give you a contract within your first 6 months) It is the Managers job to arrange security-you are employed as a waitress only. Good luck
2007-02-06 01:41:18 · answer #8 · answered by Birdman 7 · 3⤊ 0⤋
Why would you be responsible for the bill? That would only be appropriate if you purchased the food from the restaurant and then were able to sell it independently to the customers. Since I assume that isn't the case and you receive compensation for your time from the restaurant (i.e. an hourly wage), that loss should be the restaurant's loss.
2007-02-06 01:38:45 · answer #9 · answered by leaptad 6 · 1⤊ 0⤋
I think NOT - I would ask the Manager if you are working on the door or waiting tables - the latter being your "mission accomplished! Hope the Nerd who left without paying has a hungry night this evening - they never think of the consequences do they.
2007-02-06 04:22:07 · answer #10 · answered by deep in thought 4 · 2⤊ 0⤋