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This situation happened to me and I was told I had to pay the check!!! This doesn't seem right.

2007-08-21 15:55:43 · 11 answers · asked by Jason D 1 in Dining Out Other - Dining Out

11 answers

According to Fedral Labor laws, an employee cannot be forced to pay for any financial loss to the restaurant, unless a criminal case is filed and won by the restaurant owner. Wlthough it is company policy for some restaurant owners to try and force employee's to make them pay, they have no legal right to do so. In the event that the employee is fired for refusing to pay, then they have a valid claim for un employement, and if they wish they can sue to retain their job back. In the rare instance you sign an agreement that you as an emplyee would accept the responsability of covering a walk out, then you would have to pay, this would only really take place if you were hired as a contract employee, and not in the hourly employment of that company. IF in doubt in your area, consult your local Fedral Labor board...

2007-08-21 16:18:30 · answer #1 · answered by Kevin G 6 · 2 0

I would say that it works that way more often than not. Does it seem right that the business should be accountable? They have hired people to work as server/bartenders/etc. and there is a certain accountability and responsibility inherent in that position to make sure the money is collected.

I was at a fairly expensive restaurant a couple of month's ago and the server gave us a ticket that did not have all of the items - when I pointed out the fact that we were undercharged, she was extremely grateful that we told her and had her correct it - she said she would have had to pay for it. I have had others tell me the same thing. I know this is not exactly the same thing as someone walking out on a check - I won't even go into the morals or ethics of stealing.

Hope this helps.

2007-08-21 16:43:17 · answer #2 · answered by The Corinthian 7 · 1 0

If you use a "server banking" system, meaning the guest pays you, then yes you are responsible for the bill if a guest runs out without paying. All the restaurants I've worked in use this policy. I hate it, but I know that it's necessary. Just think about it. If there wasn't a consequence toward a server for a guest not paying their bill, what would stop servers from saying someone didn't pay for their bill when they actually did? Example...a guest pays a $50 bill in cash, the server pockets the cash and then tells the manager they "dined and dashed", the manager says ok, don't worry about. The server then knows they can do that every once in a while to make some extra cash, meaning they can steal but not be held accountable.
Again, I hate the policy. It's actually happened to me and it made me mad but I understand if they didn't do it servers would be stealing from them all the time.

2007-08-21 16:08:59 · answer #3 · answered by jamison 3 · 1 0

I wouldn't have paid it. Thats like saying that the door greeter at Walmart is responsible for stolen goods on their shifts. The owner should be completely liable for any losses that his business incurs, and maybe should look into getting some kind of security so these things don't happen again.

2007-08-21 16:05:07 · answer #4 · answered by ajfrederick9867 4 · 0 0

Absolutely not. By law they're not allowed to make you pay for it unless you do so willingly and without being threatened with firing. There's also paperwork that would have to be completed when it happens. I used to work in the food industry and they try this all the time but it IS highly illegal. look it up.

2007-08-21 20:03:49 · answer #5 · answered by leah 2 · 0 0

It's not your fault and you shouldn't be held accountable; this is part of "doing business" and the restaurant should absorb the loss; it's THEIR responsibility to have people working the cash register/front of the house who should be keeping their eyes open on which table has paid and which hasn't!

2007-08-21 17:23:25 · answer #6 · answered by sweet ivy lyn 5 · 0 0

No you are not accountable! A Chili's franchise in Australia told their employees they had to and have since been fined by the authorities.

2007-08-21 18:46:12 · answer #7 · answered by Anonymous · 0 0

In California, the employee can't be charged. Make a call to your labor board. You can look on -line

2007-08-21 18:28:20 · answer #8 · answered by gimme1latte 2 · 0 0

Many times, yes. It's totally not fair, but it happens. I've seen it happen and while I would never do it myself, the scumbags of the world think it's funny. Job hazard I guess. :(

2007-08-21 16:03:43 · answer #9 · answered by KaitsMommy2006 2 · 1 0

i dont think that you should have to pay for it

2007-08-22 07:32:40 · answer #10 · answered by donielle 7 · 0 0

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