does anyone know if it is legal to take a tip(gratuity)back after leaving a restaurant?

Question

I work in a restaurant in oklahoma and got a tip from a table. i dropped the tab at the table the guy put money in the book i took the book made correct change, gave the book back. the man left the restaurant and i went to clean the table an took the tip for myself. three hours later the man calls back and says he didnt mean to leave that much money and demanded i give the money back. i refused because it was left as a tip and the man left the property for two hours before changing his mind. if anyone knows if its leagal or not please help me find a law. im in a big fight with managment with this

Answer 1

You would have to get an attorney and checks the law in your area to know for certain, but based on my general knowledge of property law, I would say that it depends.

If it was a $5 tip, it was yours when you took possession of it, and he cannot take it back.

If it was $500, any reasonable person would know that it was a mistake and not intended as a gift. Therefore you, and the restaurant, are required to give it back when he returns.

(But law aside...if the guy said it was a mistake, don't you think the right thing to do is to give his money back? Do you really want to make your money as a thief?)

Answer 2

The courteous thing to do (since you are representing the company) is to give it back if the guy REALLY is the same person as the one who left the tip.

Frankly, if I was the owner of the restaurant, I wouldn't serve the guy any more (because that's pretty cheap and crummy), but that's just me.

Legally, he left the tip for you. Big whoop! It's yours.

Now, if he says he left more than he thought he should have because he didn't realize he dropped a $20 under the pile of bills he left...then no, I would say it's probably not yours. That's a departure from being an intentional tip. It would have been accidental and to keep it wouldn't be right.

Answer 3

A tip is a gratuity. A gratuity is a gift. An intent to make a gift is completed upon delivery. The money was delivered to you in the FORM of a gift; however the law will try to discern what the intent of the donor was by considering all of the circumstances. A mistaken transfer of money does not equal a gift, for the intent of the transfer (in this case, a tip), i.e. the intent of the donor controls. The difficulty that arises for both you and the "tippor" is to determine the intent of the donor. When contested, all of the circumstances surrounding the event will be looked at to arrive at the best guess as to the donor's intent. Just because he says he did not intend it does not control over all other circumstances. Advice - take your customary tip and return the rest, and that will save you much greater investment in this situation.

Answer 4

I don't know the law but that sounds absolutely ridiculous. You don't give someone money and then demand it back hours later. Unless it's something like he accidentally left a $50 when he meant to leave a $5, i could understand that. But it's your money now so unless your job is at risk i would keep it.

Answer 5

It would be between the man and the restaurant owner. If the owner doesn't have a problem with you telling the customer to piss off, then the tip is yours. but if the owner says give the tip back or its your job, then its still up to you...the laws takes to sides in this dispute.

Answer 6

It was considered your tip why should you have to get it back. Anyway did the guy have any other reason then he didnt mean to leave that much in a tip? Sounds like Tip Givers remorse to me!! He loses!

Answer 7

If the customer claims he did not mean to leave that much, he has a right to ask for the excess amount. Was the tip in excess of 20%?

Answer 8

I would give it back to him, and tell him not to return to the restauraunt.

Answer 9

you should give him all the money back.
and go to another table.
then the next person will tip you more maybe.